HomeMy WebLinkAbout2012-10-17; Planning Commission; Resolution 6916
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 11-10, HILLSIDE
DEVELOPMENT PERMIT HDP 11-02, AND SPECIAL USE
PERMIT SUP 11-03 TO ADD A SOUTHBOUND LANE, CURB,
GUTTER, SIDEWALK, BIKE LANE, STREETLIGHTS, AND
UTILITIES TO A 1,600-FOOT LENGTH OF EL CAMINO REAL
BETWEEN KELLY DRIVE AND CRESTVIEW DRIVE IN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: EL CAMINO REAL SOUTHBOUND
WIDENING
CASE NO.: CDP 11-10/HDP 11-02/SUP 11-03
WHEREAS, Rancho Costera, LLC, “Developer” has filed a verified
application with the City of Carlsbad regarding property described as
The El Camino Real southbound right-of-way south of Kelly Drive and north of Crestview Drive
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit, Hillside Development Permit, and Special Use Permit as shown on
Exhibits “A” – “O” dated October 17, 2012, on file in the Planning Department, EL CAMINO
REAL SOUTHBOUND WIDENING - CDP 11-10/HDP 11-02/SUP 11-03, as provided by
Chapter 21.201, 21.95, and 21.40 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 17, 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Coastal Development Permit, Hillside Development Permit, and Special Use
Permit.
PLANNING COMMISSION RESOLUTION NO. 6916
PC RESO NO. 6916 -2-
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES EL CAMINO REAL SOUTHBOUND WIDENING - CDP 11-
10/HDP 11-02/SUP 11-03, based on the following findings and subject to the
following conditions:
Findings:
Coastal Development Permit
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project site is located within an
approximately 1,600-foot length of southbound El Camino Real street right-of-way
between Kelly Drive and Crestview Drive. No agricultural activity, geological
instability, flood hazard or vertical coastal access opportunity exist onsite and the development does not obstruct views of the coastline as seen from public lands or
public rights-of-way or otherwise damage the visual beauty of the coastal zone.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is located approximately one mile from the Pacific
Ocean; therefore, no coastal access areas or water-oriented recreational activities
exist on or near the site or will be affected by the project. In addition, the project
will improve traffic flow and maintain public sidewalks which will facilitate
pedestrian and vehicular coastal access.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. In addition, per Section 21.203.040 – Development Standards, the
preservation of steep slopes and vegetation does not “apply to the construction of
roads of the city’s circulation element or the development of utility systems.” The
project area has a steep slope that will be impacted in order to widen El Camino
Real, which is classified as a Prime Arterial in the City’s Circulation Element, to
three southbound lanes. In addition, there is a sensitive vegetation community in an
existing drainage associated with a storm drain outlet and there will be some unavoidable impact to the biological resources. Specifically, the area of impact will
be on the west side of El Camino Real in the area where a storm drain outlet is
located. All impacts will be mitigated per the requirements of the City’s HMP and
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program dated October 17, 2012.
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4. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990, and therefore, is not subject to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
Hillside Development Permit
5. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
6. That undevelopable areas of the project, i.e., slopes over 40%, have been properly
identified on the constraints map.
7. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the project preserves the aesthetic
qualities of natural hillsides along El Camino Real. The grading on the west side of
El Camino Real, where a retaining wall is proposed, would be constructed with a
naturalized boulderscape architectural treatment that would look similar to existing
conditions, and over time, the proposed drought resistant landscaping would
mature and further soften the visual appearance of the retaining wall. In addition, a
native hydro-seed mixture will be sprayed on the disturbed slopes behind the retaining wall to give the area a more natural appearance.
8. That the proposed development or grading will not occur in the undevelopable portions of
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in
that grading of natural slopes with an inclination of greater than 40 percent for the
project is done pursuant to the exclusion allowed per Section 21.95.130(A)(1). An
exclusion is allowed for grading required for circulation element roadways with an
environmentally preferred alignment.
9. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the retaining wall on the west side
of El Camino Real would be constructed with a naturalized boulderscape
architectural treatment that would look similar to existing conditions.
10. That the site requires extensive grading to accommodate a circulation-element roadway,
in that the retaining walls and associated grading are required for the widening of El
Camino Real, which is a prime arterial in the City’s Circulation Element. This
section of roadway, between Kelly Drive and Crestview Drive, is currently a four-lane roadway and the proposal is to widen it to 3 southbound lanes.
Special Use Permit
11. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
grading of the steep slope and construction of the retaining wall on the west side of El Camino Real will be aesthetically pleasing and naturally appearing since the area
will be hydro-seeded to make the slope more aesthetically pleasing and naturally
appearing and the proposed retaining wall on the west side of El Camino Real will
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be constructed with a naturalized boulderscape architectural treatment that would
look similar to existing conditions, and over time, the proposed drought resistant
landscaping would mature and further soften the visual appearance of the retaining
wall. In addition, a native hydro-seed mixture will be sprayed on the disturbed slopes behind the retaining walls to give the area a more natural appearance.
12. The proposed project implements the goals and objectives of the General Plan in that the
project will enhance the roadway scenic quality, comply with the El Camino Real Corridor Development Standards, link existing sidewalks to improve alternative
means of transportation, improve vehicle traffic flow, and will complete a street
segment consistent with General Plan standards for prime arterials.
13. The project is consistent with the City’s Landscape Manual (Section IV.C – Water
Conservation Policies and Requirements, Section IV.D – Streetscape Program Policies
and Requirements, and Section IV.E – Slope Revegetation/Erosion Control Policies and
Requirements) in that project landscaping takes into account the City’s El Camino
Real Corridor Development Standards by incorporating a median landscape treatment that continues adjacent median designs.
General
14. 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
to mitigate impacts caused by or reasonably related to this project, and the extent and the
degree of exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to start of
construction.
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
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
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
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 Coastal Development Permit,
Hillside Development Permit, and Special Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit, Hillside Development Permit,
and Special Use Permit documents, as necessary to make them internally consistent and
in conformity with the final action on the project. Development shall occur substantially
as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
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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. 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
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
unless the City Council determines that the project without the condition complies with
all requirements of law
5. Developer shall implement, or cause the implementation of, the EL CAMINO REAL
SOUTHBOUND WIDENING - CDP 11-10/HDP 11-02/SUP 11-03/HMP 11-04
Project Mitigation Monitoring and Reporting Program.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
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 Coastal Development Permit,
Hillside Development Permit, and Special Use Permit, (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, 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 survives until all legal proceedings have been concluded and continues
even if the City’s approval is not validated.
7. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
9. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and HMP 11-04 and is subject to
all conditions contained in Planning Commission Resolutions No. 6915 and 6917 for
those other approvals incorporated herein by reference.
10. This approval shall become null and void if the Notice to Proceed for the Coastal
Development Permit is not issued or commencement of construction does not occur
for this project within two (2) years of this approval or these permits will expire unless
extended per Sections 21.201, 21.95, and 21.40 of the Zoning Ordinance.
11. All grading activities within 500 feet of wetlands with vireos present are prohibited
from March 1st to October 1st. 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 the City Engineer and the responsible wildlife
agencies (California Department of Fish and Game/United States Fish and Wildlife
Service).
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12. 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 discretion to
waive this condition based on factors such as the scope of the study and the format in
which the exhibits were prepared.
13. As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City’s adopted Habitat
Management Plan.
14. This project has been found to result in impacts to wildlife habitat or other lands, such as
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 environmental
analysis for this project. Developer is aware that the City has adopted an In-lieu
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
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
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
occurs first. If the In-lieu Mitigation 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
approvals for this project shall become null and void.
15. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the City
Planner. Said facilities, if required, shall be free from advertising and shall at a minimum
include a bench and a pole for the bus stop sign. The facilities shall be designed to
enhance or be consistent with basic architectural theme of the project.
16. Applicant will return to the Commission with a proposed design for the retaining
wall including materials, color and texture.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a grading
permit.
. . .
. . .
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General
17. 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
for the proposed haul route.
18. 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 private
improvements within this subdivision, including but not limited to private bioretention
basins and associated infrastructure located along APN 208-010-41 frontage with El
Camino Real located therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the properties within the subdivision for CT 11-
01.
19. 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.
20. Prior to approval of Improvement Plans, Grading Plans or Final Map for CT 11-01,
developer shall submit to the city engineer written approval from North County Transit
District (NCTD) demonstrating mass-transit improvement requirements for this project
have been satisfied.
Fees/Agreements
21. Developer shall cause property owner for APN 208-010-41 to execute and submit to the
city engineer for recordation, the city’s standard form Geologic Failure Hold Harmless
Agreement.
22. Developer shall cause property owner for APN 208-010-41 to execute and submit to the
city engineer for recordation the city’s standard form Drainage Hold Harmless
Agreement.
23. Developer shall cause property owner for APN 208-010-41 to submit an executed copy
to the city engineer for recordation a city standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement.
24. The maintenance of certain improvements (median, parkway landscaping, street
lights) for this project shall be included in the annexation to City of Carlsbad Street
Lighting and Landscaping District No. 2 (SL&LD #2) for CT 11-01. Prior to approval of
any grading permits, developer shall cause owner for APN 208-010-41 to execute an
Agreement to annex the subject property into SL&LD #2. The Agreement shall be in a
form approved by the assistant city finance director. Developer shall pay all fees
necessary to annex the property into SL&LD #2.
. . .
. . .
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Grading
25. The grading for this project shall be included on the public improvement plans
described in the improvement section.
26. This project requires off site grading. No grading for private improvements shall occur
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 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
consistency determination from both the city engineer and city planner.
27. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices (BMPs)
include but are not limited to pollution control practices or devices, erosion control to
prevent silt runoff during construction, general housekeeping practices, pollution
prevention and 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 notify prospective owners and tenants of the above requirements.
28. Prior to the issuance of a grading permit, developer shall submit to the city engineer
receipt of a Notice of Intent from the State Water Resources Control Board.
29. 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 comply with current requirements and
provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
to reduce storm water pollutant runoff during construction of the project to the maximum
extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city’s latest fee schedule.
30. 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 new/current storm water treatment
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
SUSMP, the developer shall use low impact development (site design) approaches to
ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
plan review and inspection fees per the city’s latest fee schedule.
31. 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,
treatment control BMP, hydromodification measures, and Low Impact Design (LID)
facilities.
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32. Developer shall submit documentation, subject to city engineer approval, demonstrating
how this project complies with Hydromodification requirements per the city’s SUSMP,
latest version. Documentation shall be included within the Storm Water Management
Plan (SWMP).
Dedications/Improvements
33. Developer shall cause property owner(s) to dedicate to the city the easements for El
Camino Real, for public street & public utility purposes as shown on the Site Plan. The
offer shall be made by a certificate on the CT 11-01 final map or by separate
instrument(s). All land so offered shall be free 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 at final design to the satisfaction of
the city engineer.
34. Unless otherwise approved by the city engineer, Developer shall obtain any
easements for construction and temporary slope purposes as necessary to construct
the street and utility improvements shown on the Site Plan.
35. Developer shall cause owner(s) to dedicate to the city the easements for public drainage
purposes as shown on the Site Plan. The offer shall be made by separate instrument(s).
All land so offered shall be free and clear of all liens and encumbrances and without cost
to the city. Additional easements may be required at final design to the satisfaction of the
city engineer.
36. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the Site Plan to the satisfaction of the city engineer.
Said improvements shall be installed to city standards to the satisfaction of the city
engineer. These improvements include, but are not limited to:
a. Construct remaining full-width grading, surface and utility improvements on El Camino Real, to prime arterial standards, from Tamarack Ave to Cannon Road.
All road intersections from Cannon Road to Tamarack Avenue shall be
constructed to ultimate (build-out) condition. Obtain full-width right-of-way
dedication and provide: three southbound thru-lanes, potable water, recycled
water, sanitary sewer, storm drainage, undergrounding of overhead utilities,
grading, paving, sidewalk, curb & gutter, street lights, parkway landscaping, striping, signage, median curbs, median hardscape, and median
landscape/irrigation all to the satisfaction of the city engineer.
b. The improvements from this project shall be designed concurrently with the improvements associated with Tentative Map CT 11-01 to the satisfaction of the
city engineer.
c. Re-stripe northbound El Camino Real just south of the intersection of Cannon
Road to allow for a shared thru/right-turn lane to the satisfaction of the City Engineer.
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d. Construct right-turn only lane on northbound El Camino Real at Tamarack
Avenue. Re-stripe northbound El Camino Real north of Tamarack Avenue to
allow for a transition from three lanes to two lanes to the satisfaction of the City
Engineer. Coordinate improvements as necessary to transition/match with city widening project for El Camino Real north of Tamarack Avenue.
e. On southbound El Camino Real at Cannon Road, construct a second
southbound left turn lane to eastbound Cannon Road, subject to city engineer
approval.
f. On southbound El Camino Real, construct a shared thru/right-turn lane at Tamarack Avenue, which may be accomplished through widening or re-striping,
subject to approval by the city engineer.
g. Extend the sewer in El Camino Real as necessary to serve the Robertson Ranch
West Village development per MP 02-03(C).Construct new or modify existing
signals to provide fully actuated traffic signals including all appurtenances and signal interconnects at the intersections of: 1) El Camino Real and Cannon
Road, 2) El Camino Real and Lisa Street/Street ‘Z’, 3) El Camino Real and
Kelly Drive, and 4) El Camino Real and Tamarack Avenue.
h. Construct an 8” and 12” recycled waterline along of El Camino Real as shown
on the Site Plan. Developer will be eligible for reimbursement for the upsizing of facilities. Prior to final map approval Developer shall enter into a
reimbursement agreement to the satisfaction of the Utilities Director, Finance
Director, and City Attorney.
Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 36 months of approval of the
subdivision or development improvement agreement or such other time as provided in
said agreement.
37. El Camino Real improvements may be constructed in two (2) phases as shown on
the Tentative Map and Master Plan. The 1st phase of El Camino Real shall be
constructed concurrently with the development of PA 4, PA 7, PA 8 and PA 11 and the 2nd phase of El Camino Real improvements shall be constructed concurrently
with the development of PA 3, PA 5, PA 6, or PA 9/10, all subject to approval by the
city engineer, fire marshal and city planner.
38. Developer shall underground all existing overhead utilities along El Camino Real from
Tamarack Avenue to Cannon Road to the satisfaction of the City Engineer.
39. 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
shall incorporate low-maintenance design features to the satisfaction of the city engineer.
. . .
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Utilities
40. Developer, by constructing improvements on southbound El Camino Real, from
Lisa Street to Crestview Drive, may be eligible for partial reimbursement based on available private funds that have been collected to date for that project. Prior to
approval of the improvement plans for this project, developer shall enter into a
reimbursement agreement for those eligible items to the satisfaction of the
Transportation Director, Finance Director and City Attorney.
41. 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
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
42. Developer shall design and construct public facilities within public right-of-way or within
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
maintenance, access and/or joint utility purposes.
43. Prior to issuance of development permits, developer shall pay all fees, deposits, and
charges for connection to public facilities.
44. 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 Division for
processing and approval by the district engineer.
45. Developer shall install potable water and/or recycled water services and meters at
locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.
46. Developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the Site Plan to the satisfaction of the district engineer and city
engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
47. Some improvements shown on the Site Plan 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 acquisition of title or interest.
The developer shall immediately initiate negotiations to acquire such property. The
developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
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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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plaruring
Commission of the City of Carlsbad, California, held on October 17, 2012, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Schumacher, Commissioners Arnold, Black,
L'Heureux, Nygaard, and Siekmann
Commissioner Scully
~~o&t)
MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
PC RESO NO. 6916 -12-