HomeMy WebLinkAbout2013-04-03; Planning Commission; Resolution 6956
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
CARLSBAD TRACT CT 11-03 AND PUD 12-03 TO
SUBDIVIDE 7.52 ACRES INTO 8 LOTS TO DEVELOP 127
APARTMENT UNITS ON PROPERTY GENERALLY
LOCATED EAST OF THE FUTURE EXTENSION OF
COLLEGE BOULEVARD AND SOUTH OF CANNON ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: ENCINAS CREEK APARTMENT HOMES
CASE NO.: CT 11-03/PUD 12-03
WHEREAS, Holly Springs LTD., “Owner and Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
Parcel D of Certificate of Compliance recorded March 27,
2007, as File No. 2007-0205875, official records, being those
portions of Lots “E” and “B” of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 823, filed in the office of the
County Recorder of San Diego County on November 16, 1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map, Planned Development Permit, and Site Development Plan Amendment as shown on
Exhibits “A”-“Z” dated April 3, 2013, on file in the Planning Division ENCINAS CREEK
APARTMENT HOMES – CT 11-03 AND PUD 12-03, as provided by Chapters 20.12 and
21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 3, 2013, 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 persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Development Permit.
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.
PLANNING COMMISSION RESOLUTION NO. 6956
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES ENCINAS CREEK APARTMENT HOMES - CT 11-03 and
PUD 12-03 based on the following findings and subject to the following
conditions:
Findings:
Carlsbad Tract
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
project is a multi-family development within a multi-family (RMH) land use
designation, the project lot sizes and configurations meet or exceed the minimum standards required by the Subdivision Ordinance (Title 20) and Zoning Ordinance
(Title 21), the project is being processed in accordance with the regulations set forth
in the Subdivision Map Act, and there are no known hazards onsite or design
characteristics which would cause serious public health problems.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for multi-family, professional care, and single
family residential as well as a high school, recreational vehicle storage, mobile home
park and open space development on the General Plan, in that the project, as a multi-
family residential project, will add to the variety of housing types desired in the community.
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
proposed, in that the project lots range in size between 10,000 square feet and 179,000
square feet in an area which is consistent with the RD-M zone which requires a
minimum 10,000 square foot lot size.
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
public at large, for access through or use of property within the proposed subdivision, in
that all easements onsite have been identified and none conflict with project
improvements.
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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 structures are oriented
in both north-south and east-west orientations and with sufficient separation to take
advantage of shade or prevailing breezes;
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
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against the public service needs of the City and available fiscal and environmental
resources.
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that development of the site without a subdivision was previously
considered (SDP 01-10) and analyzed in the Cantarini/Holly Springs EIR 02-02
within which impacts to wildlife habitat were identified and mitigated through the
implementation of measures found in that EIR’s Mitigation Monitoring and
Reporting Program. No new impacts are created by the subdivision of the property.
9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the City’s Stormwater regulations. It has been
conditioned to implement Best Management Practices for water quality protection 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
Municipal Code.
10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated April 3, 2013 including, but not limited to the following: The
project is a subdivision of land for a multi-family residential project within a
medium high density land use designation consistent with the Land Use Element; a variety of housing types is desired for a well-balanced community pursuant to the
Housing Element; and, surrounding circulation systems are being provided
pursuant to the Circulation Element.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 15 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
d. The Local Facilities Management fee for Zone 15 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
e. College Boulevard will be improved to full width from Cannon Road to Street
“C.”
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12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 15.
Planned Development Permit
14. The proposed project is consistent with the general plan, and complies with all applicable
provisions of Chapter 21.45, and all other applicable provisions of the Carlsbad
Municipal Code, in that the Planned Development Permit is required to approve
individual planned unit development lots around each of the proposed apartment
buildings which do not have frontage on a public street as otherwise required by
Title 20 (Subdivision Ordinance).
15. The proposed project will not be detrimental to existing uses, or to uses specifically
permitted in the area in which the proposed use is to be located, and will not adversely
impact the site, surroundings, or traffic, in that the creation of the Planned Unit
Development lots will not affect the multi-family land use or allow an otherwise incompatible land use on the site.
16. The project will not adversely affect the public health, safety, or general welfare in that
the creation of Planned Unit Development lots has no physical effect on the subject
property and can therefore not have an adverse effect on the general public.
General
17. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
18. 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 the project, and the extent and the
degree of the 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 recordation of
a final map for CT 11-03 or issuance of a grading permit, whichever occurs first.
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
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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 Tentative Tract Map/Planned
Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map/Planned Development 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.
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/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 Tentative Tract
Map/Planned Development 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.
6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
Tentative Map reflecting the conditions approved by the final decision-making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 15 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
9. Developer shall implement, or cause the implementation of, the Cantarini/Holly Springs
Developments Final EIR 02-02 Mitigation Monitoring and Reporting Program.
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10. This approval is granted subject to the approval of SDP 01-10(A) and is subject to all
conditions contained in Planning Commission Resolution No. 6957 for that other
approval incorporated herein by reference.
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
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
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map FM 11-03.
12. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide and
deed restrict 63 dwelling units as affordable to lower-income households for 55 years, in
accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City
Planner no later than 60 days prior to the request to final the map. The recorded
Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
13. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff. Native plants shall be used adjacent to
the open space Lot 8 of CT 11-03 to the greatest extent possible.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
15. Concurrent with recordation of FM 11-03 or prior to the issuance of a building
permit for SDP 01-10(A), whichever occurs first, the developer shall make an
irrevocable offer of dedication for a permanent easement for public use of the
community trail located on the northeast boundary of the site. Appropriate
securities as determined by the City Engineer shall be provided concurrent with the recordation of FM 11-03; however, the trail shall be constructed at a future date as
determined by the City Planner as a private trail for public use. The obligation for
the construction, maintenance and liability shall be the responsibility of the
property owner.
16. 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
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include a bench and a pole for the bus stop sign. The facilities shall be designed to
enhance or be consistent with the basic architectural theme of the project.
17. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
18. Prior to recordation of the final map (FM 11-03), the Developer shall: 1) consult with
the United States Fish and Wildlife Service (USFWS) regarding the impacts of the
Project; and 2) obtain any permits required by the USWFS.
19. If a grading permit is required, all grading activities are prohibited from (February 1st for
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
the City Engineer and the responsible wildlife agencies (California Department of Fish
and Wildlife/United States Fish and Wildlife Service).
20. Prior to the recordation of the final map (FM 11-03) or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the City Planner and the City Attorney (see Noise Form
#1 on file in the Planning Division).
21. Prior to the recordation of the final map (FM 11-03) or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the City Planner and the City Attorney (see
Noise Form #2 on file in the Planning Division).
22. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the City Planner (see Noise Form #3 on file in the Planning Division).
23. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved
plan.
24. Prior to the issuance of a grading permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to
be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Tentative Tract Map/Planned Development Permit by Resolution No.
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6956 on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as
well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
The City Planner has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Engineering:
General
25. 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.
26. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
tentative map reflecting the conditions approved by the final decision making body. The
reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by
the city's project engineer and project planner prior to submittal of the building plans,
improvement plans, grading plans, or final map, whichever occurs first.
27. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
private improvements within this subdivision, including but not limited to private
driveways, parking lots, striping, signage, utilities, sidewalks, landscaping, lighting, curb,
gutter, bio-retention basins, storm drain facilities, etc. located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within this subdivision.
28. Developer shall prepare, submit and process for City Engineer approval a final map to
subdivide this project. There shall be one Final Map recorded for this project.
29. The final map for this project shall not record in advance of the final map for
Cantarini development (CT 00-18) as the adjacent offsite development improvements for this project are contingent on the developer for CT 00-18
constructing them, unless otherwise approved by the City Engineer, City Planner
and Fire Marshal.
30. No final map, grading or improvement plans for this project shall be approved until
the offsite public street and public utility improvements required to serve this project are constructed to the satisfaction of the City Engineer and Fire Marshal.
These improvements consist of, but are not limited to, College Boulevard core street
and public utility improvements from its existing terminus near El Camino Real to
Cannon Road, College Boulevard bridge, Basin BJ, and 'C' Street as shown on the
tentative map for the Cantarini development (CT 00-18). At the discretion of the
City Engineer, the developer may be allowed to post security for that portion of the offsite improvements not yet constructed in accordance with C.M.C. Section
20.16.070, if it can be demonstrated that all performance standards will be met.
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31. This project is subject to all applicable conditions of Cantarini development (CT 00-
18) related to this project as determined by the City Engineer, City Planner and
Fire Marshal.
32. 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.
33. Prior to approval of Improvement Plans, Grading Plans or Final Map, 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
34. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
35. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
36. Developer shall cause property owner to submit an executed copy to the City Engineer
for recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
37. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, developer shall cause owner 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.
38. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the city’s standard form Street Tree Maintenance Agreement.
Grading
39. Based upon a review of the proposed precise grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. Developer shall prepare
and submit plans and technical studies/reports for City Engineer review, post security and
pay all applicable grading plan review and permit fees per the city’s latest fee schedule.
40. 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
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project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the City Engineer and City Planner.
41. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices 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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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
47. Developer shall cause owner to dedicate to the city and/or other appropriate entities for
the public utility and access, sewer and trail purposes as shown on the tentative map.
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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. 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.
48. Developer shall design the private drainage systems, as shown on the tentative map to the
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
plan check and inspection fees for private drainage systems.
49. Developer shall prepare and process public improvement plans and, prior to City
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
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:
A. Public potable waterlines and appurtenances as shown on tentative map.
B. Public sewer lines and appurtenances as shown on tentative map.
50. 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.
51. Developer shall cause owner to waive direct access rights on the final map along College
Blvd frontage to the satisfaction of the City Engineer.
52. Developer shall design, and obtain approval from the City Engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with city standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
approval of the City Engineer.
Non-Mapping Notes
53. Add the following notes to the final map as non-mapping data:
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
improvements shown on the tentative map. These improvements include, but are not
limited to:
a. Public potable waterlines and appurtenances as shown on tentative map.
b. Public sewer lines and appurtenances as shown on tentative map.
B. Building permits will not be issued for development of the subject property unless the
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appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
a. 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
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. 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 that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the city approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
Utilities
54. 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.
55. 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.
56. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
57. The developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning Division
for processing and approval by the district engineer.
58. 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.
59. The developer shall install sewer laterals and clean-outs at locations approved by the City
Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
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60. The developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map 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:
61. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
62. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
63. 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.
64. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
65. 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
prior to installation of such signs.
66. Tentative Map CT 11-03 and PUD 12-03 shall expire two years from the date on which
the Planning Commission voted to approve this application.
67. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the tentative map
are for planning purposes only.
NOTICE TO APPLICANT
An appeal of Planning Commission’s final decision to the City Council must be filed with the
City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar
days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code
Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the
appeal. The City Council must make a determination on the appeal prior to any judicial review.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on April 3, 2013, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
~~·K
Chairperson Siekmann, L'Heureux, Montgomery, Schumacher,
Scully, and Segall
Black .
KERRY K. SIEKMANN, Chairperson
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ATTEST:
·~·lt
DONNEU
City Planner
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