HomeMy WebLinkAbout2012-02-15; Planning Commission; Resolution 68631 PLANNING COMMISSION RESOLUTION NO. 6863
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
3 CARLSBAD TRACT 06-04 TO ALLOW FOR THE
SUBDIVISION OF A 43.58 ACRE SITE INTO 25 LOTS (19
4 RESIDENTIAL LOTS AND 6 OPENS SPACE LOTS) ON
PROPERTY GENERALLY LOCATED APPROXIMATELY
ONE HALF-MILE NORTHEAST OF THE INTERSECTION OF
6 COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE
SUNNY CREEK SPECIFIC PLAN (SP 191) AND LOCAL
7 FACILITIES MANAGEMENT ZONE 15.
CASE NAME: RANCHO MILAGRO
CASE NO.: CT 06-04
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WHEREAS, Warren C. Lyall, "Developer," has filed a verified applicafion with
the City of Carlsbad regarding property owned by Lyall Enterprises, Inc., "Owner," described
as:
13 Remainder Parcel "A" of Carlsbad Tract 96-02 according to
map thereof No. 11242, filed in the office of the County
14 Recorder of San Diego County on October 27, 2000 all in the
J ^ City of Carlsbad, County of San Diego, State of California, and
16 "K" Street Remainder Parcels of Carlsbad Tract 00-18
17 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits "A" - "Y" dated February 15, 2012, on file in the Planning Division
RANCHO MILAGRO - CT 06-04, as provided by Chapter 20.12 ofthe Carisbad Municipal
Code; and
23 WHEREAS, the Planning Commission did, on February 15, 2012, hold a duly
24 noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering ail testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are tme and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES RANCHO MILAGRO - CT 06-04, based on the following
6 findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdivision as
g conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Tities 20 and 21 of the Carlsbad Municipal Code, and the State
10 Subdivision Map Act, and will not cause serious public health problems, in that the
project implements the goals and policies of the General Plan as discussed in the
11 staff report; is consistent with all minimum requirements of Title 20 and 21
^2 governing lot size and configuration; and has been designed to comply with all
applicable City regulations including the Sunny Creek Specific Plan (SP 191).
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2. That the proposed project is compatible with the surrounding future land uses since
14 surrounding properties are designated for residential and open space development on
the General Plan with comparable densities.
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3. 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
ly proposed, in that all required development standards and design criteria required by
the applicable zoning ordinances and the Sunny Creek Specific Plan (SP 191) are
18 incorporated into the project without the need for variances from development
standards.
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4. 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
2j public at large, for access through or use of property within the proposed subdivision, in
that the project has been designed and conditioned such that there are no conflicts
22 with established easements.
23 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
25 6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that lots are oriented to
26 allow for solar exposure and take advantage of prevailing breezes.
27 7. That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
28 against the public service needs of the City and available fiscal and environmental
resources.
PC RESO NO. 6863 -2-
^ ° That the design of the subdivision and improvements are not likely to cause substantial
2 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the residential development is clustered on the least environmentally
3 sensitive portions of the site in an area historically used for agricultural production;
provides a 100 foot buffer from wetlands; and minimizes edge effects at the
4 development interface with the open space preserve areas in that the following HMP
5 adjacency standards have been conditioned for the project to reduce indirect
impacts: Fire Management; Erosion Control; Landscaping Restrictions; Fencing,
6 Signage, and Lighting Restrictions; and Predator and Exotic Species Control.
Furthermore, the project will implement all required mitigation measures contained
within the Mitigated Negative Declaration and Mitigation Monitoring & Reporting
Program and Addendum that were prepared for the project.
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g 9. That the discharge of waste from the subdivision will not result in violation of existing
Califomia Regional Water Quality Control Board requirements, in that the project has
10 been designed in accordance with the City's Stormwater regulations. It has been
conditioned to implement Best Management Practices for water quality protection
11 and to comply with the City of Carlsbad's Standard Urban Stormwater Mitigation
Plan (SUSMP), Order R9-2007-0001 issued by the California Regional Water
Quality Control Board for the San Diego Region, and with the City of Carlsbad's
13 Municipal Code.
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14 10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan and Sunny Creek Specific
15 Plan (SP 191) based on the facts set forth in the staff report dated February 15, 2012
including, but not limited to the following:
17 a. Land Use - The northern half of the subject property, where the single-family
residential development is proposed, has a General Plan Land Use designation of
18 Residential Low-Medium Density (RLM). The majority of the southern half has
a General Plan Land Use designation of Open Space (OS) with the exception of
two narrow portions of the property located along the southern boundary, which
20 have a combination Residential High Density, Commercial, and Office
(RH/C/O). These existing RH/C/O General Plan Land Use designations are
21 remnant designations from a previously approved project (Sycamore Specific
Plan, 1984), which never developed and was eventually replaced by the Terraces
22 at Sunny Creek project.
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A General Plan Amendment is proposed to change the existing land use
24 designations of the property from RLM/OS/RH/C/O to RLM/OS in order to 1)
correct the remnant mapping error discussed above, 2) adjust the General Plan
25 Land Use boundaries to coincide with the Sunny Creek Specific Plan land use
type and density pattern, and 3) preserve sensitive habitat in a conHguration
that is consistent with the City of Carlsbad Habitat Management Plan (HMP)
27 preservation requirements. The City's HMP requires designation of the
project's open space habitat preserve areas as Open Space (OS) on the General
28 Plan Land Use Map and also the Offlcial Open Space & Conservation Map
concurrent with development. Additionally, the property is subject to the
PC RESO NO. 6863 -3-
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^ preservation standards of the HMP, and is subj ect to additional HMP
2 conservation standards. The RLM designation will be applied to the Lots 1-19,
while the OS designation will be applied to Lots 20-25. As designed, the project
3 complies with the HMP conservation standards and results in the need to amend
the General Plan to reflect the preservation of sensitive habitat within Open
4 Space Conservation Lots 20, 21, 23, and 24, which total approximately 29.3 acres
^ and represents approximately 67% of the total property acreage. This action is
consistent with the General Plan Open Space Element and is in accordance with
6 the intent and purpose of the OS Zone to designate high-priority resource areas
as OS at the time of development.
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The RLM designation allows low to medium density residential development (0
to 4 du/ac) with a Growth Management Control Pomt (GMCP) of 3.2 du/ac;
9 which is also used for the purposes of calculating the City's compliance with
Government Code Section 65584. According to the constraints analysis used for
10 density calculations, 53 dwelling units could be located on the site based on 16.62
net developable acres. However, given the Sunny Creek Speciflc Plan's
^ ^ requirement for larger /4-acre minimum sized lots, a total of only 19 dwelling
12 units with an overall density of 1.14 du/ac could be accommodated on the site,
which is 34 units below the GMCP. Pursuant to Government Code Section
13 65863, the City may not reduce the residential density on any parcel below that
which was used by the California Department of Housing and Community
14 Development in determining compliance with Housing Element law, unless the
City makes the flndings that the reduction of residential density is consistent
with the adopted General Plan, including the Housing Element; and that the
15 remaining sites identifled in the Housing Element are adequate to accommodate
the City's share of the regional housing need pursuant to Government Code
17 Section 65584.
° The project is consistent with the City's General Plan, in that the proposed
IP density of 1.14 du/ac is within the RLM density range of 0-4 du/ac as specifled
for the site. The project's proposed density of 1.14 du/ac is below the Growth
20 Management Control Point density (3.2 du/ac) used for the purposes of
calculating the City's compliance with Government Code Section 65584.
21 However, consistent with Program 3.2 of the City's Certifled Housing Element,
all of the dwelling units which were anticipated toward achieving the City's
share of the regional housing need that are not utilized by developers in
23 approved projects are deposited in the City's Excess DweUing Unit Bank. These
excess dwelling units are available for allocation to other projects. Accordingly,
24 there is no net loss of residential unit capacity and there are adequate properties
identifled in the Housing Element allowing residential development with a unit
capacity, including second dwelling units, adequate to satisfy the City's share of
25 the regional housing need.
27 b. Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance in that the developer has been
28 conditioned to enter into an Affordable Housing Agreement to purchase three
PC RESO NO. 6863 -4-
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^ (3) credits in a combined inclusionary housing project or construct three (3)
2 inclusionary housing units on-site in the form of second dwelUng units.
3 c. Noise - The project wiU not result in exposure of persons to or generation of
noise levels in excess of standards established in the General Plan or the City of
4 Carlsbad Noise Guidelines Manual in that the proposed project is located a
distance greater than 500 feet from a General Plan Circulation Element roadway
(i.e., El Camino Real, and the future extension of CoUege Boulevard (Reach-A)),
5 and is outside of the 60 dB(A) CNEL noise contour as indicated in the City of
Carlsbad's General Plan Noise Element and Noise Guidelines Manual (Carlsbad
7 Future Noise Exposure Contours Map, forecast year 2010).
d. Public Safety - The project includes or has been conditioned to provide faciUties
g to ensure that the development proposal complies with the required Fire
Suppression Zones, emergency access, fire hydrant locations, and fire flow
10 requirements. Where the Fire Department has allowed for a reduced Fire
Protection Zone on Lots 4, 7, and 19, mitigation measures have been included to
11 require a modified Fire Protection Zone A-1 Standard, and in the case of Lots 4
and 19, the construction of a 6 foot high masonry fire protection wall at the
development interface where the buffer has been reduced.
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e. Circulation - The project provides adequate circulation infrastructure to serve
14 the projected population; and provide a circulation system that promotes safety
and UvabiUty of residential neighborhoods while maintaining adequate
emergency access in that, primary local access to the site will be provided via
J 5 Streets "A" and stubbed Street "K" of the approved Cantarini Ranch tentative
tract map (CT 00-18), and also through the extension of College Boulevard
17 (Reach-A), a Circulation Element roadway, which wiU extend from its southern
terminus at Sunny Creek Road to is northern terminus at the College Boulevard
18 and Cannon Road intersection. The circulation system has been designed in
IP conformance with Engineering and Fire Department design standards to ensure
safety and livability of the residential neighborhoods, while maintaining
20 adequate access for emergency service providers and prompt evacuation
capabilities for residents. All roadways (including curb, gutter, sidewalks, and
21 decomposed granite trail) needed to serve the development will be dedicated and
constructed prior to, or concurrent with, site development. The proposed
circulation system is designed to provide access to each of the proposed lots and
23 dwelling units and complies with aU applicable City design standards.
24 f Open Space & Conservation - The project preserves, protects and enhances those
areas of the City that provide unique and special open space functions,
25 including, but not limited to, cultural and visual amenities, active and passive
2^ recreational uses, landmarks, buffers between incompatible land uses, wUdlife
habitats, and unique and desirable vegetation, in that approximately 30 acres, or
27 69Vo of the total property area, is being set aside in open space. For purposes of
habitat protection, the project is preserving sensitive habitat within open space
28 conservation Lots 20, 21, 23, and 24. All development has been setback a
minimum of 100 feet from aU wetland habitat areas. Areas within the buffer
PC RESO NO. 6863 -5-
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previously disturbed are being restored to native habitat. Active and passive
2 pubUc recreational uses are provided in the form of a riparian overlook seating
area within Lot 25, and a meandering decomposed granite pedestrian trail along
3 the perimeter of the development envelope. These amenities have been designed
with the intent of bringing pedestrians and residents of this and the surrounding
4 community closer with the natural environment.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
6 Facilities Management Plan for Zone 15 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to constmct or provide
7 funding to ensure that all facilities and improvements regarding sewer collection and
treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilifies; libraries; govemment administrative facilifies; and open space, related to the
9 project will be installed to serve new development prior to or concurrent with need.
Specifically,
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b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
13 collected prior to issuance of building permit.
14 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
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a. The project has been condifioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligafion for school facilities.
collected prior to the issuance of building permit.
16 12. The project has been condifioned to pay any increase in public facility fee, or new
constmction tax, or development fees, and has agreed to abide by any additional
17 requirements established by a Local Facilifies Management Plan prepared pursuant to
Chapter 21.90 ofthe Carlsbad Mimicipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
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13. This project has been conditioned to comply with any requirement approved as part of the
20 Local Facilities Management Plan for Zone 15.
21 14. That all necessary public facilities required by the Growth Management Ordinance will
22 be constmcted or are guaranteed to be constmcted concurrently with the need for them
created by this project and in compliance with adopted City standards.
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15. The project is consistent with the adopted McClellan-Palomar Airport Land Use
24 Compatibility Plan (ALUCP) (adopted January 25, 2010, amended March 4, 2010) in
that:
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26 a. The project site is located outside of the 60 dB CNEL noise contour range per
Exhibit III-l - CompatibiUty Policy Map: Noise. Therefore, the proposed
27 residential use is considered compatible with the McClellan-Palomar Airport
uses.
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b. The project site is located within Safety Zone 6 - Traffic Pattern Zone per
2 Exhibit III-2 - CompatibiUty PoUcy Map: Safety. Therefore, the proposed
residential use is considered compatible with McCleUan-Palomar Airport uses.
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c. The project site is located within the 481' MSL horizontal surface elevation
4 contour of Exhibit III-3 - CompatibiUty Policy Map: Part 77 Airspace
^ Protection. The highest finished pad grade in the subdivision is residential Lot 1
proposed at 215' above MSL. Coupled with a maximum building height of 35',
6 the highest residential lot wUl not penetrate the 481 MSL' horizontal surface
elevation contour of the Part 77 Airspace Protection Map. Therefore, the
7 proposed residential project is compUant with the airspace protection surfaces.
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d. The project site is located within the Overflight Notification Area per Exhibit
9 III-4 - Compatibility Policy Map: OverfUight. As such, the recordation of an
overflight notification document is required.
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e. The project site is located within Review Area #2 of the Airport Influence Area
per Exhibit III-5 - CompatibUity PoUcy Map: Airport Influence Area. Review
12 Area #2 consists of locations beyond Review Area #1, but within the airspace
protection and/or overflight notiflcation area. As discussed above in subsection
13 a-d, the proposed residential project is considered compatible with no
restrictions or special requirements required other than the recordation of the
14 overflight notification document.
f The project site is located outside of the Avigation Easement Area, but is within
16 the OverfUght Notiflcation Area per Exhibit III-6 - Compatibility PoUcy Map:
Avigation easement Area and OverfUght Notiflcation Areas. As a result, no
17 avigation easement is required, but an overfiight notification document is
required; and
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19 g. In accordance with the McCleUan-Palomar ALUCP Chapter 2 - PoUcy 2.6.2(a),
the project obtained a Determination of Consistency on March 16, 2011 from the
20 Airport Land Use Commission (ALUC). The ALUC determined the project to
be ''conditionally compatible" with a requirement to record an overflight
21 notiflcation document with the County Recorder. A condition to this effect has
been applied to the project.
23 16. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Secfion 14.28.020 and Landscape Manual Section IB).
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17. That the property cannot be served adequately with a public street without panhandle lots
^5 due to unfavorable conditions resulting from unusual topography, surrounding land
25 development, or lot configurafion, in that the panhandle lot configuration is desired to
reduce grading impacts to sensitive vegetation communities, to maintain the natural
27 topography and ridgelines of the property, and to provide a rural estate character in
accordance with the Sunny Creek Specific Plan.
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* '" That subdivision with panhandle lots will not preclude or adversely affect the ability to
2 provide full public street access to other properties within the same block of the subject
property, in that the proposed public street provides access to the adjacent property
3 and the lot sizes are such that no future subdivisions wiU occur.
4 19. That the buildable portion of Lot 4, excluding the panhandle, consists of 27,516 square
^ feet, which exceeds the half-acre minimum lot size requirement and meets the
requirements of Section 21.10.100(C) of the Carlsbad Municipal Code;
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20. That the front, side, and rear property lines of the buildable lot, for purposes of
determining required yards, are as shown on the plans.
21. That any panhandle lot hereby approved satisfies all the requirements of Section
9 21.10.100(D) ofthe Carlsbad Municipal Code.
10 22. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
12 provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad's Growth
13 Management Plan. Preservation of wildlife habitats and sensifive species is required by
the Open Space and Conservafion Element of the City's General Plan which provides for
14 the realizafion of the social, economic, aesthefic and environmental benefits from the
preservation of open space within an increasingly urban enviroimient. Moreover, each
new development will contribute to the need for additional regional infrastmcture that, in
16 tum, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City's
17 Habitat Management Plan.
23. The Planning Commission of the City of Carlsbad does hereby find: 18
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it has reviewed, analyzed, and considered Mifigated Negafive Declarafion and
20 Mitigation Monitoring and Reporting Program and Addendum for RANCHO
MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP
09-01, the environmental impacts therein idenfified for this project and said
22 comments thereon, and the Program, on file in the Planning Division, prior to
RECOMMENDING APPROVAL ofthe project; and
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the Mifigated Negative Declaration and Mitigation Monitoring and Reporting
24 Program and Addendum have been prepared in accordance with requirements of the
2^ Califomia Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
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c. they reflect the independent judgment of the Planning Commission of the City of
27 Carlsbad; and
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PC RESO NO. 6863
^ d. based on the ELA Part II and comments thereon, the Planning Commission, finds that
2 there is no substantial evidence the project will have a significant effect on the
environment.
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24. The Planning Commission has reviewed each of the exactions imposed on the Developer
4 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed subdivision, must be met prior to approval of a final map,
building, or grading permit, whichever occurs first.
JQ 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
11 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
^2 future building permits; deny, revoke, or further condition all certificates of occupancy
12 issued under the authority of approvals herein granted; record a notice of violation on the
property tifie; institute and prosecute litigation to compel their compliance with said
14 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.
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
17 intemally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
18 different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2Q regulafions in effect at the fime of building permit issuance.
21 4. If any condition for constmction 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
22 challenged, this approval shall be suspended as provided in Govemment Code Section
22 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
24 all requirements of law.
25 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carisbad, its Council members, officers, employees, agents, and
representafives, from and against any and all liabilifies, losses, damages, demands, claims
27 and costs, including court costs and attomey's fees incurred by the City arising, directly
or indirectiy, from (a) City's approval and issuance of this Tentative Tract Map,
28 (b) City's approval or issuance of any permit or acfion, whether discrefionary or
nondiscrefionary, in cormection with the use contemplated herein, and
PC RESO NO. 6863 -9-
^ (c) Developer/Operator's installafion and operafion of the facility permitted hereby,
2 including without limitafion, any and all liabilities arising from the emission by the
facility of electromagnefic fields or other energy waves or emissions. This obligafion
3 survives unfil all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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^ 6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the
Tentative Tract Map reflecting the conditions approved by the final decision-making
6 body.
7 7. Prior to the issuance of a building permit, the Developer shall provide proof to the City
g Plaimer from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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8. This project shall comply with all conditions and mitigation measures which are required
10 as part of the Zone 15 Local Facilifies Management Plan and any amendments made to
^ ^ that Plan prior to the issuance of building permits.
12 9. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and Addendum, GPA 06-03, ZC
13 06-02, SUP 06-05, HDP 06-01, and HMP 09-01 and is subject to all conditions
contained in Planning Commission Resolutions No. 6860, 6861, 6862, 6864, 6865, and
^ 4 6866 for those other approvals incorporated herein by reference.
10. Developer shall implement, or cause the implementation of, the RANCHO MILAGRO -
16 GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, AND HMP 09-01 Project
Mitigation Monitoring and Reporting Program and Addendum.
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J g 11. 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
19 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
20 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
22 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section
23 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Secfion 5.09.040. Developer shall also pay any applicable
24 Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such
2^ taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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13. Prior to the approval of the final map or issuance of grading permits, whichever
27 occurs first. Developer shall submit to the City a Notice of Restriction executed by the
2g 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 City Planner, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
PC RESO NO. 6863 -10-
Map, Special Use Perniit, HUlside Development Permit, and Habitat Management
2 Permit by Resolufions No. 6863, 6864, 6865, and 6866 on the property. Said Nofice of
Restriction shall note the property description, location of the file containing complete
3 project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The City Plarmer has the authority to
4 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.
6 14. Prior to the approval of the final map for any phase of this project, the Developer shall
enter into an Affordable Housing Agreement with the City to purchase three (3)
7 inclusionary housing credits from a combined inclusionary housing project located
g in the Northeast Quadrant or provide three (3) affordable second dweUing units
onsite in accordance with the requirements and process set forth in Chapter 21.85 ofthe
9 Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted
to the City Plarmer no later than 60 days prior to the request to fmal the map. The
10 recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
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12 15. Developer shall construct the required inclusionary units concurrent with the project's
market rate units, unless both the final decision-making authority of the City and the
13 Developer agree within an Affordable Housing Agreement to an altemate schedule for
development.
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1^ 16. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
16 the City's Landscape Manual. Developer shall constmct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
17 condifion, free from weeds, trash, and debris.
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17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
19 landscape plancheck process on file in the Planning Division and accompanied by the
project's building, improvement, and grading plans.
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18. Final Landscape Plans shaU include standard design details and elevations for aU
21 proposed retaining walls subject to the City Planners approval. At a minimum, the
22 retaining walls shall be of a plantable design and consist of a natural earth-tone
color(s) to assist in visually blending with the natural environment.
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19. Landscaping shaU be provided in the bottom of the bio-filtration detention basin as
24 approved by the City Planner.
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20. The Zone 3 plantings as shown on the Planning Commission conceptual landscape
25 exhibits shall be revised on the Final Landscape Plans to specify native plantings
that wiU perform appropriately in areas where irrigation will ultimately be turned
27 off as approved by the City Planner.
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21. Temporary irrigation shall be required to provide fuU estabUshment (i.e., 90%
2 vegetative cover) of the non-irrigated grasses prior to the City's final approval of the
completed and developed project, subject to the approval of the City Planner.
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22. Prior to issuance of a grading permit, developer shaU submit detailed design plans
4 of proposed streetlights, street signs, bus shelter/benches, and all other street
^ furniture consistent with the "rustic character" design requirement of SP 191
subject to the approval of the City Planner. Design of these features should be
6 consistent with other surrounding projects already approved within SP 191.
7 23. Prior to the issuance of any permits for the project, the applicant shall submit to the City
Planner a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-
File Format registered to CCS zone 6 NAD 83. The City Planner has the discrefion to
9 waive this condition based on factors such as the scope of the study and the format in
which the exhibits were prepared.
10
24. Developer shall establish a homeowner's associafion and corresponding covenants,
* ^ condifions and restricfions (CC&Rs). Said CC&Rs shall be submitted to and approved
12 by the City Plarmer prior to final map approval. Prior to issuance of a building permit,
the Developer shall provide the Planning Division with a recorded copy of the official
13 CC&Rs that have been approved by the Department of Real Estate and the City Plarmer.
At a minimum, the CC&Rs shall contain the following provisions:
14
15
a. General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
15 of, or in which the City has an interest.
22
17 b. Nofice and Amendment. A copy of any proposed amendment shall be provided to 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
I g within 30 days for the official record.
20 c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Associafion fails to maintain the "Common Area Lots and/or the
21 Associafion's Easements" as provided in Article , Secfion 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 written notice to the
23 Associafion, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
24 same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Associafion fails to carry out such
maintenance of the Common Area Lots and/or Associafion's Easements within the
25 period specified by the City's nofice, the City shall be enfitied to cause such work to
be completed and shall be enfitled to reimbursement with respect thereto from the
27 Owners as provided herein.
28 d. Special Assessments Levied bv the Citv. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
PC RESO NO. 6863 -12-
5
the City shall submit a written invoice to the Associafion for all costs incurred by the
2 City to perform such maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each Owner in the
3 Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collecfion against the Owners in
4 the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
5 payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
7 pursue collection from the Association by 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
9 against the Owners of each Lot in the Project for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
10 land and shall be a continuing 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
12 and to bring all legal actions and/or to pursue Hen foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
13 in accordance with the procedures set forth in Article of this Declaration.
14 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
16 f An exhibit shaU be prepared for each residential lot and provided to future
property owners showing the locations of the Fire Suppression Zones, fire
17 deflection walls, water quaUty bio-swales, open space easements, maintenance
responsibility areas, and approved fence locations. In addition to the above, the
exhibits shaU identify those lots subject to the Hillside Development Regulations
19 (C.M.C. Chapter 21.95) and the Hillside Development & Design Guidelines.
20 g. Fire Suppression Zones: A disclosure shaU be included identifying aU lots where
Fire Suppression Zones extend into private yard areas. The disclosures shall
21 include a site plan of the lot, location of the Fire Suppression Zones, and the fuel
22 modification standards required for the various zones.
23 Additionally, where a Fire Suppression Zone intrudes to within 10 feet of a
structure envelope, the foUowing shaU be required to the satisfaction of the City
24 ofCarlsbad Fire Marshall:
25 i. The lot shall have no exterior flame producing device(s), outdoor fire
26 place(s), outdoor fire pit(s), and/or open fiame torch(es).
27 ii. Patio covers shaU be constructed of an ignition resistant material of the same
rating as the structure wail that it is being attached to.
28
PC RESO NO. 6863 -13-
5
11
h. Aircraft Noise Disclosure: A disclosure shall be included that this project is
2 subject to overflight, sight and sound of aircraft operating from McCleUan-
Palomar Airport.
3
25. This project has been found to result in impacts to wildlife habitat or other lands, such as
4 agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the envirorunental
analysis for this project. Developer is aware that the City has adopted an In-lieu
6 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
Council Resolufion No. 2000-223 to fund mifigafion for impacts to certain categories of
7 vegetation and animal species. The Developer is further aware that the City has
determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the
9 General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
10 occurs first. The appUcant shaU pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan (HMP) and the biological study (RECON,
AprU 27, 2011), for impacts to 11.83 acres of Agricultural Land (HMP Habitat
12 Group F). Ifthe In-lieu Mifigafion Fee for this project is not paid, this project will not be
consistent with the Habitat Management Plan and the General Plan and any and all
13 approvals for this project shall become null and void.
14 26. Prior to approval of the final map, the Developer shall: 1) consult with the United States
1^ Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and 2) obtain
any permits required by the USWFS.
16
27. If a grading permit is required, all grading activifies are prohibited from (Febmary 1st for
17 gnatcatcher or March 1st for vireo) to (September 15th for gnatcatcher or October 1st for
vireo). All erosion control measures must be installed prior to the initial grading. Any
grading extensions into the grading prohibition period must receive written approval of
19 the City Engineer and the responsible wildlife agencies (Califomia Department of Fish
and Game/United States Fish and Wildlife Service).
20
28. Developer shall submit a street name list consistent with the City's street name policy
21 subject to the City Plarmer's approval prior to final map approval.
22
29. Prior to occupancy of the first dwelling unit, the Developer shall provide all required
23 passive and acfive recreational areas per the approved plans, including landscaping and
recreational facilities.
24 "
25
30. Developer shall report, in wrifing, to the City Planner within 30 days, any address change
from that which is shown on the permit application, any change in the
25 telecommunications provider, or any transfer in ownership of the site.
27 31. Developer shall display a current Zoning and Land Use Map, or an altemative, suitable to
the City Planner, in the future sales office at all times. All sales maps that are distributed
28 or made available to the public shall include but not be limited to trails, fumre and
exisfing schools, parks, and streets.
PC RESO NO. 6863 -14-
^ 32. Developer shall post a sign in the future sales office in a prominent location that
2 discloses which special districts and school district provide service to the project. Said
sign shall remain posted unfil ALL of the units are sold.
3
33. Prior to the recordation of the first final tract map or the issuance of building permits,
4 whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operafing from McClellan-Palomar
Airport, in a form meefing the approval of the City Planner and the City Attomey (see
Noise Form #2 on file in the Planning Division).
5
11
34. If safisfacfion of the school facility requirement involves a Mello-Roos Community
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,
9 then in addifion 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
10 existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the City
Planner and shall at least include a handout and a sign inside the sales facility stating the
12 fact of a potenfial pass-through of fees or taxes exists and where complete informafion
regarding those fees or taxes can be obtained.
13
35. Developer shall dedicate, on the final map, an open space easement for those portions of
14 lots 4, 5, 6, 7, 8, 10, 11, and 12 which are (in slopes, wetiands, coastal sage scmb, or
other constrained land plus all other lands set aside as part of the Citywide Open Space
System) to prohibit any encroachment or development, including but not limited to
15 fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, as shown
on Exhibit(s) "A" - "Y" dated February 15, 2012.
15
17
18 36. Removal of native vegetafion and development of Open Space Lots 20, 21, 23, and 24,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways,
19 and landscaping, other than that approved as part of (the grading plan, improvement
plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit(s) "A"
20 - "Y" dated February 15, 2012, is specifically prohibited, except upon written order of
the Carlsbad Fire Department for fire prevenfion purposes, or upon written approval of
the City Plarmer, and (Califomia Coastal Commission if in Coastal Zone), based upon a
22 request from the Homeowners Association accompanied by a report from a qualified
arboriSt/botanist indicating the need to remove specified trees and/or plants because of
23 disease or impending danger to adjacent habitable dwelling units. For areas containing
native vegetafion, the report required to accompany the request shall be prepared by a
24 qualified biologist.
25 37. Prior to approval of the final map, the Developer shall provide an irrevocable offer of
25 dedicafion to the City of Carlsbad for a trail easement for trail(s) shown on the tentative
map within Open Space Lot(s) 20 and 22. If the City of Carlsbad accepts dedication of
27 the trail easement, the trail shall be constmcted 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
28 accept dedication of the trail easement, the trail shall still be constmcted by the applicant
PC RESO NO. 6863 -15-
^ but it shall be constmcted as a private trail and shall be the maintenance responsibility of
2 the applicant or its successor in interest (i.e. Master Homeowners Association).
3 38. Prior to the approval of a flnal map the Developer shall pay to the City a Trail Plan
Check fee and inspecfion fee in accordance with the current city fee schedule.
4
5
39. The 16 ft. wide aU-weather access road servicing the northem drainage shall be
gated at the southem terminus of the retaining wall and designed to discourage
5 pedestrian access into Open Space Lot 24 and to further prevent wildlife from
crossing at "K" Street. The location of said gate and design shaU be detailed on the
7 final landscape and grading plans to the satisfaction of the City Planner, City
Engineer, and Fire Marshal.
g 40. Developer shaU install a gate at the southern terminus of ''X" Street at the
subdivision boundary designed to discourage pedestrian access into the adjacent
10 private property. The location of said gate and design shaU be detaUed on the flnal
landscape and grading plans to the satisfaction of the City Planner, City Engineer,
11 and Fire Marshal.
12
41. The dimension of the Con-Span or similar three-sided product bridging the
13 northern drainage at "K" Street shaU be determined at final design to the
satisfaction of the City Planner and City Engineer. The flnal height of the opening
14 shall be as close to eight (8) feet as is practical, but not less than five (5) feet. The
^ ^ opening shall maintain a minimum width of 12 feet.
15 Engineering:
17 Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed subdivision, must be met prior to approval of a final map,
building, or grading permit, whichever occurs first.
General
18
19
20 ..
42. Prior to hauling dirt or constmction materials to or from any proposed constmction site
21 within this project, developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
23 43. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
24 determined that adequate water and sewer facilifies are available at the fime of permit
issuance and will continue to be available until time of occupancy.
25
2^ 44. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's
and/or other recorded document, addressing the maintenance, repair, and replacement of
27 mutually benefitting private improvements within this subdivision, including but not
limited to private water quality treatment control measures, low impact development
28 features, water quality basin facilifies, etc. located therein and to distribute the costs of
such maintenance in an equitable manner among the owners of the properties within this
PC RESO NO. 6863 -16-
^ subdivision.
2
45. Developer shall prepare, submit and process for City Engineer approval a final map to
3 subdivide this project. There shall be one Final Map recorded for this project.
4 46. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition. 5
6
47. This project is subject to aU appUcable conditions of Cantarini Development (CT
7 00-18) related to this project as determined by the City Engineer, City Planner and
Fire Marshal.
g 48. The final map for this project shall not record in advance of the flnal map for
Cantarini development (CT 00-18) as the adjacent offsite development
10 improvements for this project are contingent on the developer for CT 00-18
constructing them, unless otherwise approved by the City Engineer and Fire
11 Marshal.
12
49. No final map, grading or improvement plans shall be approved untU the offsite
13 pubUc street and pubUc utility improvements that serve this project are dedicated
and constructed to the satisfaction of the City Engineer and Fire Marshal. These
14 improvements consist of, but are not Umited to, CoUege Boulevard core street and
public utUity improvements from its existing terminus near El Camino Real to
Cannon Road, CoUege Boulevard bridge, Basin BJ, 'A' Street and 'K' Street aU as
shown on the Tentative Map for Cantarini development (CT 00-18). If these offsite
improvements are not constructed to the satisfaction of the City Engineer and Fire
17 Marshal, the developer may post security in accordance with C.M.C. Section
20.16.070 to assure the offsite improvements are completed to the satisfaction of the
City Engineer and Fire Marshal.
Fees/ Agreements
18
19
20..
50. Prior to flnal map approval, the Developer shaU develop and agree to the formation
21 of a comprehensive flnancing program guaranteeing the construction of the core
improvements for Cannon Road Reach 4A in accordance with the requirements of
the amended Z^ne 15 Local Facilities Management Plan (LFMP). Cannon Road
23 Reach 4A extends east from the intersection with CoUege Boulevard approximately
900 feet. The core improvements consist of fuU width grading, two 18-ft paved lanes,
24 median curbs, drainage facilities required to protect the roadbed, and transition
improvements to full City standard intersection improvements at the intersection
25 ^ith College Boulevard. The financing program guarantee must also address the
2^ acquisition of the right-of-way (ROW) for the road, slope and drainage easement in
addition to the design, construction and environmental mitigation measures.
27
51. Developer shall cause property owner to execute and submit to the City Engineer for
28 recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
PC RESO NO. 6863 -17-
' 52. Developer shall cause property owner to execute and submit to the City Engineer for
2 recordation the city's standard form Drainage Hold Harmless Agreement.
3 53. Certain lots contain permanent water quality treatment features that must be
maintained by the property owners. Developer shall cause property owner to process,
4 execute and submit an executed copy to the City Engineer for recordation a city standard
Permanent Stormwater Quality Best Management Practice Maintenance Agreement for
the perpetual maintenance of all treatment control, applicable site design and source
6 control, post-constmction permanent 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.
5
7
54. Developer shall cause property owner to apply for, execute, and submit, to the City
9 Engineer for recordafion, an Encroachment Agreement covering the private HOA
maintained stormwater treatment device (i.e.: stormceptor) located within the
10 proposed public easements as shown on the tentafive map. Developer shall pay
^ ^ processing fees per the city's latest fee schedule.
j2 55. This project shall be annexed into City of Carlsbad Street Lighfing and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
13 map for this project, developer shall cause owner to execute an Agreement to aimex the
subject property into SL&LD #2. The Agreement shall be in a form approved by the
14 assistant city finance director. Developer shall pay all fees necessary to annex the
1^ property into SL&LD #2.
15 56. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the city's standard form Street Tree Maintenance Agreement.
17
18
21
22
25
Grading
19 57. 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
20 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.
58. 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 post
23 security per City Code requirements.
24 59. Supplemental grading permits may be required for individual precise grading associated
on the lots within this project as determined by the City Engineer. If required, developer
shall prepare, and submit for approval, grading plans for the precise grading all subject to
25 City Engineer approval.
27 60. This project requires offsite grading/improvements. No grading for private improvements
shall occur outside the project imless developer obtains, records, and submits a recorded
28 copy, to the City Engineer, a temporary grading, constmction or slope easement or
agreement from the owners of the affected properties. If developer is unable to obtain the
PC RESO NO. 6863 -18-
^ temporary grading or slope easement, or agreement, no grading permit will be issued. In
2 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
3 finding of substantial conformance and/or consistency determination from both the City
Engineer and City Plarmer.
4
^ 61. Developer shall comply with the city's Stormwater Regulafions, latest version, and shall
implement best management pracfices at all times. Best management practices include
5 but are not limited to pollution control practices or devices, erosion control to prevent silt
mnoff during constmcfion, general housekeeping practices, pollution prevention and
7 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
9 notify prospective owners and tenants of the above requirements.
10 62. Prior to the issuance of a grading permit, developer shall submit to the City Engineer
receipt of a Nofice of Intent from the State Water Resources Control Board.
11
12 63. 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
13 (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
provisions established by the San Diego Regional Water Quality Control Board and City
14 of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
to reduce storm water pollutant mnoff during constmction of the project to the maximum
extent practicable. Developer shall pay all applicable SWPPP plan review and inspecfion
15 fees per the city's latest fee schedule.
15
17 64. This project is subject to 'Priority Development Project' requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to City Engineer
approval, to demonstrate how this project meets current storm water treatment
19 requirements per the city's Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the
20 SUSMP, the developer shall use low impact development (site design) approaches to
ensure that mnoff from impervious areas (roofs, pavement, etc.) are drained through
21 landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
22 plan review and inspection fees per the city's latest fee schedule.
23 65. Developer acknowledges this project is subject to hydromodification (mnoff reduction)
requirements that impact how this project treats and/or retains storm mnoff
24 Hydromodification involves detailed site design and analysis to reduce the amount of
post-development run-off by mimicking the natural hydrologic function of the site,
preserving natural open-spaces and natural drainage charmels, minimizing use of new
25 impervious surfaces, and promoting onsite infiltrafion and evaporafion of mn-off. During
final design, developer shall demonstrate compliance with storm water requirements to
27 the satisfaction of the City Engineer.
28 66. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
PC RESO NO. 6863 -19-
25
1
2
3 Dedications/Improvements
treatment control BMP, applicable hydromodification measures, and Low Impact Design
(LID) facilifies.
4 67. Developer shall cause owner to submit to the City Engineer for recordafion covenants of
easements for private drainage purposes as shown on the tentative map. Developer shall
pay processing fees per the city's latest fee schedule. 5
6 ..
68. Developer shall install a barricade at the end of 'X' Street. A sign shall be placed on said
barricade informing the public that the dead end is temporary. Specifications for said
barricade and sign are subject to the City Engineer's approval.
9 69. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city
and/or other appropriate entities for drainage purposes over the proposed bioretention
10 basin on a portion of lot 22. The offer shall be 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.
12
70. Developer shall cause owner to dedicate to the city and/or other appropriate entities
13 easements for public street & public utility, access, trail, and ufility purposes as shown on
the tentafive map. The offer shall be made by a certificate on the final map. All land so
14 offered shall be free and clear of all liens and encumbrances and without cost to the city.
I ^ Streets that are already public are not required to be rededicated. Additional easements
may be required at final design to the satisfacfion of the City Engineer.
16
71. Developer shall design the private drainage systems, as shown on the tentafive map to the
17 satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain
and larger) shall be inspected by the city. Developer shall pay the standard improvement
18 plan check and inspection fees for private drainage systems.
19
72. Developer shall prepare and process public improvement plans and, prior to City
20 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
21 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
include, but are not limited to:
23
A. Public road and utility improvements for "K" Street, "X" Street, and "Y" Street
24 as shown on the tentative map.
25 B. Off-street pubUc sewer, storm drain, access and traU improvements as shown on
2^ the tentative map.
27 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constmcted within 36 months of approval of the
28 subdivision or development improvement agreement or such other time as provided in
said agreement.
PC RESO NO. 6863 -20-
^ 73. Prior to issuance of building permits, developer shall install separate sewer services to
2 each unit proposed by this tentative parcel map. Sewer services shall be provided to the
satisfaction of the City Engineer.
3
74. Developer shall provide all-weather maintenance access roads to the public drainage
4 facilities for this project to the satisfacfion of the City Engineer.
Non-Mapping Notes
75. Add the following notes to the final map as non-mapping data:
1) PubUc road and utility improvements for "K" Street, "X" Street, and "Y'
Street as shown on the tentative map.
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
9 improvements shown on the tentative map. These improvements include, but are not
limited to:
10 "
11
12
2) Off-street public sewer, storm drain, access and traU improvements as shown
13 on the tentative map.
14 B. Building permits will not be issued for development of the subject property unless the
^ ^ appropriate agency determines that sewer and water facilities are available.
16 C. Geotechnical Caution:
17 1) 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
18 that may arise through any geological failure, ground water seepage or land
j^ subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its constmcfion, operation or maintenance.
20
D. No stmcture, fence, wall, tree, shmb, sign, or other object may be placed or
21 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.
23
E. The owner of this property on behalf of itself and all of its successors in interest
24 has agreed to hold harmless and indemnify the City of Carlsbad from any acfion
that may arise through any diversion of waters, the alteration of the normal flow
25 of surface waters or drainage, or the concentration of surface waters or drainage
2^ from the drainage system or other improvements identified in the city approved
development plans; or by the design, constmcfion or maintenance of the drainage
27 system or other improvements identified in the city approved development plans
for this project.
28
PC RESO NO. 6863 -21-
UtiUties 1
2
76. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
3 flows, fire hydrant locafions, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
4 public water mains to the satisfacfion of the district engineer.
77. Developer shall design and constmct pubhc facilities within public right-of-way or within
5 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
7 maintenance, access and/or joint ufility purposes.
78. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
9 for connecfion to public facilifies.
10 79. The developer shall design landscape and irrigafion plans ufilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning Division
^ ^ for processing and approval by the district engineer.
12
80. Developer shall install potable water and/or recycled water services and meters at
13 locafions approved by the district engineer. The locafions of said services shall be
reflected on public improvement plans.
14
15
16 ..
82. The developer shall design and constmct public water, sewer, and recycled water
17 facilities substanfially as shown on the tentative map to the satisfaction of the district
^ ^ engineer and City Engineer.
^g 83. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
20 "
21
22
23
84. Approval of this request shall not excuse compliance with all applicable sections of the
24 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
25 85. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
27
86. Developer shall pay a landscape plancheck and inspection fee as required by Section
28 20.08.050 ofthe Carisbad Municipal Code.
PC RESO NO. 6863 -22-
81. The developer shall install sewer laterals and clean-outs at locafions approved by the City
Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
^ 87. Premise idenfification (addresses) shall be provided consistent with Carlsbad Municipal
2 Code Section 18.04.320.
3 88. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the City Planner
4 prior to installafion of such signs.
^ " 89. This tentafive map shall expire two years from the date on which the Plarming
6 Commission voted to approve this application.
7 90. Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the city nor the owner has sufficient title or
interest to permit the improvements to be made without acquisifion of title or interest.
9 The developer shall immediately initiate negotiations to acquire such property. The
developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
10 developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
^ ^ city to successfully acquire said property by condemnation.
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91. Developer shall pay traffic impact and sewer impact fees based on Secfion 18.42 and
13 Secfion 13.10 of the City of Carlsbad Mimicipal Code, respecfively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the tentafive map
14 are for planning purposes only.
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NOTICE
Please take NOTICE that approval of your project includes the "imposifion" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exacfions."
19 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 Govemment Code Section
20 66020(a), and file the protest and any other required informafion with the City Manager for
21 processing in accordance with Carlsbad Municipal Code Secfion 3.32.030. Failure to fimely
follow that procedure will bar any subsequent legal acfion to attack, review, set aside, void, or
22 annul their imposition.
23 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
25 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 stamte of limitafions has previously otherwise
26 expired.
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PC RESO NO. 6863 -23-
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PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning
Commission of the City of Carlsbad, Califomia, held on February 15, 2012, by the following
vote, to wit:
^ AYES: Chairperson Schumacher, Commissioners Amold, Black,
L'Heureux, Nygaard, Scully and Siekmann
NOES:
ABSENT:
9 ABSTAIN:
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^ ^ MICHAEL SCHUMACHER, Chairperson
13 CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Cily Planner
PC RESO NO. 6863 -24-