HomeMy WebLinkAbout2008-10-15; Planning Commission; Resolution 6491PLANNING COMMISSION RESOLUTION NO. 6491
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 07-03 TO SUBDIVIDE 3.65 ACRES
3 INTO 16 RESIDENTIAL LOTS AND 3 HOA LOTS ON
PROPERTY GENERALLY LOCATED WITHIN PLANNING
4 AREA 14 OF THE EAST VILLAGE OF THE ROBERTSON
5 RANCH MASTER PLAN LOCATED NORTHWEST OF THE
INTERSECTION OF FUTURE WIND TRAIL WAY AND
6 FUTURE GLEN AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 14.
7 CASE NAME: ROBERTSON RANCH PA 14
CASE NO.: CT 07-03 .8
9 WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified
10 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC,
"Owner," described as
12 Lot 4 of Carlsbad Tract No. 02-16, Robertson Ranch East
13 Village, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 15608, filed in the
14 office of the County Recorder of San Diego County on
September 18, 2007
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Tentative Tract
18 Map as shown on Exhibits "A" - "K" dated October 15, 2008, on file in the Planning
19 Department ROBERTSON RANCH PA 14 - CT 07-03, as provided by Chapter 20.12 of the
20
Carlsbad Municipal Code; and
21
22 WHEREAS, the Planning Commission did, on October 15, 2008, hold a duly
23 noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
26 relating to the Tentative Tract Map.
27
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2
B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES ROBERTSON RANCH PA 14 - CT 07-03, based on the
following findings and subject to the following conditions:4
c Findings;
6 1. The Planning Director has determined that:
7 a. the project is a(n) subsequent activity of the Robertson Ranch Master Plan
(MP 02-03) for which a program EIR was prepared, and a notice for the activity
has been given, which includes statements that this activity is within the scope of
9 the program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA; [15168(c)(2) and (e)]; and
10
b. this project is consistent with the Master Plan cited above; and
12 c. the Robertson Ranch Master Plan Program EIR 03-03 was certified by the
City Council on November 14, 2006 in connection with the prior plan; and
13
d. the project has no new significant environmental effect not analyzed as significant
14 in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
16 under CEQA Guidelines Sections 15162 or 15163 exist; and
17 f. all feasible mitigation measures or project alternatives identified in the Robertson
Ranch Master Plan Program EIR 03-03, which are appropriate to this
Subsequent Project, have been incorporated into this Subsequent Project.
19 2. That the proposed map and the proposed design and improvement of the subdivision as
20 conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
21 Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 and 21 governing lot
sizes and configurations, and the lots have been designed to comply with all other
23 applicable regulations of the Robertson Ranch Master Plan.
24 3. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Medium Density (RM) and High Density
25 (RH) Residential development, and Open Space (OS) on the General Plan, and that the
_^ project would be developed with Medium Density (RM) single-family residential
development which results in a variety of product types and densities in the East
27 Village of the Robertson Ranch Master Plan.
28 4. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
PCRESONO. 6491 -2-
proposed, in that all required development standards and design criteria required by
2 the applicable zoning ordinances and Robertson Ranch Master Plan are
incorporated into the project without the need for variances from development
3 standards.
4 5. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
5 that the project has been designed and conditioned such that there are no conflicts
with established easements; and the project is required to dedicate public road and
7 public utility easements for all roads and other public utilities as shown on the
Tentative Map.8
6. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
7. That the design of the subdivision provides, to the extent feasible, for future passive or
11 natural heating or cooling opportunities in the subdivision, in that structures are oriented
in an east-west alignment for southern exposure and to take advantage of prevailing
12 breezes.
8. That the Planning Commission has considered, in connection with the housing proposed
1. by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
15 resources.
16 9. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
1 7' habitat, in that sensitive plant and animal habitats present within the East Village of
, o Robertson Ranch are being preserved in accordance with the City of Carlsbad
Habitat Management Plan (HMP) and the project will implement the required
19 mitigation measures contained in the Robertson Ranch Program EIR 03-03
Mitigation Monitoring and Reporting Program to reduce edge effects from the
20 proposed development.
21 10. That the discharge of waste from the subdivision will not result in violation of existing
22 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
23 protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
24 System (NPDES) Requirements.
95 11. The Planning Commission finds that the project, as conditioned herein, is in
2f. conformance with the Elements of the City's General Plan, and Robertson Ranch
Master Plan based on the facts set forth in the staff report dated October 15, 2008
27 including, but not limited to the following:
28 a. Land Use - With approval of the proposed General Plan Amendment (GPA
08-01) the project will be consistent with the City's General Plan since the
PCRESONO. 6491 -3-
proposed density of 4.76 du/ac, is within the density range of 4-8 du/ac for the
2 Residential Medium Density (RM) General Plan Land Use designation as will
be indicated on the Land Use Element of the General Plan, and the 16 units
3 proposed for development on Planning Area 14 is one unit less than the
maximum dwelling unit allocation for PA 14.
b. Housing - The project is consistent with the Housing Element of the General
Plan, the Inclusionary Housing Ordinance, and the Robertson Ranch Master
6 Plan as the developer is required to construct affordable housing units
consistent with the Affordable Housing Agreement for the East Village of
7 Robertson Ranch, dated February 26, 2007. The Glen Ridge affordable
„ housing apartment project has been approved with 78 affordable units, with
73 of those units required to satisfy the Inclusionary Housing requirements
9 for the East Village of the Robertson Ranch Master Plan. The inclusionary
housing requirement for PA 14 is satisfied by 2.4 units of the 73 units.
10
c. Open Space and Conservation - The project will not impact designated open
space and will provide Master Plan trails and connections to the adjacent
neighborhoods as identified in the Master Plan. The project will conform to
all NPDES requirements and Utilize Best Management Practices for control
1 3 of storm water and to protect water quality.
, I-
Noise - The project complies with the 60 dBA CNEL exterior noise standard
and 45 dBA CNEL interior noise standard.
16 e. Public Safety - The project includes fire suppression zones to reduce fire
hazards to an acceptable level.
17
f. Circulation - The circulation system is designed to provide adequate access to
the proposed residences and all necessary public street improvements will be
19 constructed with the project, or with previously approved subdivision maps
CT 04-26 and CT 02-16.
20
12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
21 Facilities Management Plan for Zone 14 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
23 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
24 project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
27
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
28 have been satisfied by the dedication of parkland within PA 12 of the
PCRESONO. 6491 -4-
Robertson Ranch Master Plan and by the payment of park-in-lieu fees for
2 the 16 residential dwelling units within PA 14.
3 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.4
13. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
7 public facilities and will mitigate any cumulative impacts created by the project.
8 14. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 14.
15. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
11 created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the Growth Management
12 performance standards are contained in the Zone 14 LFMP and the project will
comply with the general and special conditions of the zone plan.
16. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Robertson Ranch
15 Master Plan.
16 17. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
1' to mitigate impacts caused by or reasonably related to the project, and the extent and the
, o degree of the exaction is in rough proportionality to the impact caused by the project.
19 Conditions:
20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a Final Map or issuance of a grading permit, whichever occurs first.
22 1 • If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
23 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
24 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
26 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Tentative Tract Map.
27
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
PCRESONO. 6491 -5-
shall occur substantially as shown on the approved Exhibits. Any proposed development,
2 different from this approval, shall require an amendment to this approval.
3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.4
<- 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
6 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
7 unless the City Council determines that the project without the condition complies with
all requirements of law.8
9 5. Developer shall implement, or cause the implementation of, the Robertson Ranch
Master Plan Program EIR 03-03 Project Mitigation Monitoring and Reporting
10 Program.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
j2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
13 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
14 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
15 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
17 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.18
i o 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
20
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
21 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
22 format (including any applicable Coastal Commission approvals).
23 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
24 obligation to provide school facilities.
25 10. This project shall comply with all conditions and mitigation measures which are required
25 as part of the Zone 14 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
27
11. This approval is granted subject to the approval of GPA 08-01, MP 02-03(A), and PUD
° 07-02 and is subject to all conditions contained in Planning Commission Resolutions No.
6489, 6490, and 6492 for those other approvals incorporated herein by reference.
PCRESONO. 6491 -6-
12. This approval shall become null and void if building permits are not issued for this
2 project within 24 months from the date of project approval.
3 13. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
r time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
6 shall be placed on the Final Map.
7 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
9 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris. The Final Plans shall incorporate the
10 following item:
a. Community theme walls shall be constructed with battered stone pilasters
12 per the Master Plan or as approved by the Planning Director. Community
theme walls shall be provided in areas shown on the conceptual fencing plan
13 (Master Plan Figure 111-61), along street side yards, and in all areas facing
open space recreation areas.
14
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
15 project's building, improvement, and grading plans.
17 16. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. Prior to issuance of a building
permit, the Developer shall provide the Planning Department with a recorded copy of the
official CC&Rs that have been approved by the Department of Real Estate and the
20 Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
23 .
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
24 the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
26 c. Failure of Association to Maintain Common Area Lots and Easements. In the
27 event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
PCRESONO. 6491 -7-
written notice to the Association, with a copy thereof to the Owners in the Project,
2 setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
3 (30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association's
4 Easements within the period specified by the City's notice, the City shall be
r entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
6
d. Special Assessments Levied by the City. In the event the City has performed the
7 necessary maintenance to either Common Area Lots and/or Association's
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
9 or Association's Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
10 pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
1 invoice shall be due and payable by the Association within twenty (20) days of
, 2 receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
13 subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
14 means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available to
the City, the City may levy a special assessment against the Owners of each Lot in
]g the Project for an equal pro rata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
17 lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
,Q actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
20 accordance with the procedures set forth in Article of this Declaration.
21 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit "H"
- Overall Maintenance Concept Plan.
23 17. If a grading permit is required, all grading activities are prohibited from (February 1st for
24 gnatcatcher or March 1 st for vireo) to (September 15th for gnatcatcher or October 1 st for
vireo). All erosion control measures must be installed prior to the initial grading. Any
25 grading extensions into the grading prohibition period must receive written approval of
the City Engineer and the responsible wildlife agencies (California Department of Fish
and Game/United States Fish and Wildlife Service).
27
18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
28 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
PC RESO NO. 6491 -8-
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
2 Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
3 approval will not be consistent with the General Plan and shall become void.
4 19. Prior to occupancy of the first dwelling unit, the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
6
20. Prior to the issuance of the grading permit or recordation of the final map, Developer
7 shall submit to the City a Notice of Restriction executed by the owner of the real property
to be developed. Said notice is to be filed in the office of the County Recorder, subject to
° the satisfaction of the Planning Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Tentative Tract Map and Planned
Development Permit by Resolution Nos. 6491 and 6492 on the property. Said Notice of
10 Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
13
21. If satisfaction of the school facility requirement involves a Mello-Roos Community
14 Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
5 then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
17 the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
1 ° fact of a potential pass-through of fees or taxes exists and where complete information
g regarding those fees or taxes can be obtained.
20 22. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
21 or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
23. Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
24 posted until ALL of the units are sold.
24. Prior to the recordation of the first final tract map or the issuance of building permits,
_ , whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
27 a form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #1 on file in the Planning Department).
28
PCRESONO. 6491 -9-
25. Prior to the recordation of the first final tract map or the issuance of building permits,
2 whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
3 Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
4
c 26. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
6 approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
7
27. Prior to the recordation of the first final tract map or the issuance of building
permits, whichever occurs first, the Developer shall prepare and record a Notice
9 that this property may be subject to noise impacts from the proposed park and fire
station site in PA 12, in a form meeting the approval of the Planning Director and
10 the City Attorney.
H 28. Prior to approval of the finalmap, the Developer shall provide an irrevocable offer of
12 dedication to the City of Carlsbad for a trail easement for trail(s) shown on the Tentative
Map within Lot 18. If the City of Carlsbad accepts dedication of the trail easement, the
13 trail shall be constructed by the applicant at its expense as a public trail and will be
maintained by of the City of Carlsbad. If the City of Carlsbad does not accept dedication
14 of the trail easement, the trail shall still be constructed by the applicant but it shall be
constructed as a private trail and shall be the maintenance responsibility of the applicant
or its successor in interest (i.e. Master Homeowners Association).
16
29. Prior to the approval of a final map the Developer shall pay to the City a Trail Plan
17 Check fee and inspection fee in accordance with the current city fee schedule.
18 30. Developer shall pay park-in-lieu fees to the City for 16 residential units, prior to the
19 approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
20 31. Prior to occupancy of any residential units in PA 14, an RV storage area shall be
constructed, according to the requirements of the Robertson Ranch Master Plan, to
21 serve the East Village of Robertson Ranch.
22 Engineering;
23
General
24
32. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
25 for the proposed haul route.
27 33. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
2° private improvements within this subdivision, including but not limited to private street
trees, landscaping, water quality treatment measures, and low impact development
PCRESONO. 6491 -10-
features located therein and to distribute the costs of such maintenance in an equitable
2 manner among the owners of the properties within this subdivision.
3 34. There shall be one Final Map recorded for this project.
35. Developer shall install sight distance corridors at all street intersections and driveways in
r accordance with City Engineering Standards.
6 Fees/Agreements
7 36. Developer shall cause property owner to execute and submit to the City Engineer for
g recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
9 37. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
11 38. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
12 Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
13 Best Management Practices prior to the issuance of a grading permit or building permit,
or the recordation of a final map, whichever occurs first for this Project.
15 39. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the
16 associated Assessment District 2003-01, College Blvd/Cannon Road East, or the
assessments must be paid in full. Developer shall pay all associated costs of said
*7 reapportionment. The application shall be submitted to the City Engineer with the
, r. application for the final map.
19 40. Developer shall cause property owner to execute and submit to the City Engineer
for recordation the City's standard form Street Tree Maintenance Agreement.
20
21 Grading
22 41. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall prepare and
23 submit plans and technical studies/reports, for City Engineer review, and shall pay all
applicable grading plan review fees per the City's latest fee schedule.
24
~<- 42. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
shall pay all applicable grading permit fees per the City's latest fee schedule and shall
26 post security per City Code requirements.
27 43. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as
shown on the tentative map, all subject to City Engineer approval.
PCRESONO. 6491 -11-
44. This project requires off site grading. No grading for private improvements shall occur
2 outside the project unless Developer obtains, records, and submits a recorded copy, to the
City Engineer, a temporary grading, construction or slope easement or agreement from
3 the owners of the affected properties. If Developer is unable to obtain the temporary
grading or slope easement, or agreement, no grading permit will be issued. In that case
Developer must either apply for and obtain an amendment of this approval or modify the
plans so grading will not occur outside the project and apply for and obtain a finding of
substantial conformance and/or consistency determination from both the City Engineer
6 and Planning Director.
7 45. Developer shall comply with the City's Storm water Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
9 silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
10 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
12 46. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
13 receipt of a Notice of Intention from the State Water Resources Control Board.
14 47. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
and provisions established by the San Diego Region of the California Regional Water
Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
17 address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.
18
48. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
20 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
21 Municipal Code all to the satisfaction of the City Engineer.
22 49. Developer shall incorporate Low Impact Development (LID) design techniques, on all
23 final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
24 drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
27 volume, peak flow rate, velocity and pollutants.
28
PCRESONO. 6491 -12-
Dedications/Improvements
2 50. Developer shall cause Owner to make an Irrevocable offer of Dedication to the City
3 and/or other appropriate entities for public street and public utility purposes
southwesterly of and adjacent to Glen Avenue cul-de-sac, and for trail purposes
westerly of Glen Avenue cul-de-sac as shown on the tentative map. The offer shall be
5 made by a certificate on the final map. All land so offered shall be free and clear of all
liens and encumbrances and without cost to the City. Additional easements may be
6 required at final design to the satisfaction of the City Engineer.
7 51. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for
public street and public utility purposes, Glen Avenue as shown on the tentative map.
The offer shall be made by a certificate on the final map. All land so offered shall be free
9 and clear of all liens and encumbrances and without cost to the City. Streets that are
already public are not required to be rededicated. Additional easements may be required
10 at final design to the satisfaction of the City Engineer.
52. Developer shall prepare and process public improvement plans and, prior to City
12 Engineer approval of said plans, shall execute a City standard Subdivision Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
13 for public improvements shown on the tentative map. Said improvements shall be
installed to City Standards to the satisfaction of the City Engineer. These improvements
14 include, but are not limited to:
A. Public road improvements to Glen Avenue
16 B. Public potable water system
C. Public sanitary sewer system
17 D. Public storm drain system
E. Public recycled water system
F. Public trail system
19 Developer shall pay the standard improvement plan check and inspection fees.
20 Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
1 said agreement.
22 53. Developer shall cause Owner to waive direct access rights on the final map for all lots
23 abutting Wind Trail Way.
24 54. Developer shall provide all-weather maintenance access roads to the public drainage
facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the City
Engineer. Where maintenance access roads are not practical and/or permitted, Developer
26 shall incorporate low-maintenance design features to the satisfaction of the City Engineer.
27 55. Developer agrees that prior to building permit issuance, the Master Tentative Map
CT 02-16 improvements that serve this property as described in Planning
Commission Resolution No. 6110 (Cannon Road, Street A, potable water, sanitary
sewer, recycled water, storm drain, etc.) and the CT 04-16 improvements that serve
PCRESONO. 6491 -13-
this property as described in Planning Commission Resolution No. 6343 (Wind Trail
2 Way, Street C, potable water, sanitary sewer, recycled water, storm drain, etc.) shall
be constructed to the satisfaction of the City Engineer.
3
Non-Mapping Notes
4
<- 56. Add the following notes to the final map as non-mapping data:
A. Developer has executed a City standard Subdivision Improvement Agreement and
7 has posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are
8 not limited to:
9 1. Public road improvements to Glen Avenue
2. Public water system
3. Public sanitary sewer system
4. Public storm drain system
5. Public recycled water system
12 6. Public trail system
13 B. Building permits will not be issued for development of the subject property unless
14 the appropriate agency determines that sewer and water facilities are available.
C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or
permitted to encroach within the area identified as a sight distance corridor as
defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans
standards.
17
D. The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
19 that may arise through any diversion of waters, the alteration of the normal flow
of surface waters or drainage, or the concentration of surface waters or drainage
20 from the drainage system or other improvements identified in the City approved
~. development plans; or by the design, construction or maintenance of the drainage
system or other improvements identified in the City approved development plans.
22 Utilities
23
57. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
25 hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the District Engineer.
58. Developer shall design and construct public facilities within public right-of-way or within
27 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the
discretion of the District or City Engineer, wider easements may be required for adequate
28 maintenance, access and/or joint utility purposes.
PC RESO NO. 6491 -14-
59. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
2 for connection to public facilities.
3 60. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
" Department for processing and approval by the District Engineer.
61. Developer shall install potable water and/or recycled water services and meters at
6 locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
7
62. The Developer shall install sewer laterals and clean-outs at locations approved by the City
Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
9 63. The Developer shall design and construct public water, sewer, and recycled water
10 facilities substantially as shown on the tentative map to the satisfaction of the District
Engineer and City Engineer.
,~ Code Reminders:
13 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
14
64. This tentative map shall expire two years from the date on which the Planning
Commission voted and approved this application.
16
65. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
17 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average
Daily Trips (ADT) and floor area contained in the staff report and shown on the
tentative map are for planning purposes only.
19 66. Developer shall pay a landscape plancheck and inspection fee as required by Section
20 20.08.050 of the Carlsbad Municipal Code.
21 67. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
23 68. The project shall comply with the latest nonresidential disabled access requirements
24 pursuant to Title 24 of the State Building Code.
26
69. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
27 70. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and Robertson Ranch Master Plan and shall require
28 review and approval of the Planning Director prior to installation of such signs.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on October 15, 2008, by the following
vote, to wit:
AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton
NOES:
ABSENT: Commissioner Douglas
ABSTAIN:
7RANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6491 -16-