HomeMy WebLinkAbout2014-02-05; Planning Commission; Resolution 7035
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A VESTING
TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, HILLSIDE
DEVELOPMENT PERMIT, AND SPECIAL USE PERMIT TO SUBDIVIDE AND
GRADE A 201.37 ACRE SITE INTO 345 LOTS INCLUDING 308 SINGLE-
FAMILY RESIDENTIAL LOTS, 2 MULTI-FAMILY LOTS FOR THE FUTURE
DEVELOPMENT OF 364 DWELLING UNITS, ONE 12 ACRE COMMERCIAL
LOT, 5 OPEN SPACE LOTS, 5 NEIGHBORHOOD RECREATION LOTS, 1
COMMUNITY FACILITIES LOT, 9 PRIVATE STREET LOTS, AND 14 LOTS TO
BE OWNED BY FUTURE HOME OWNERS’ ASSOCIATIONS ON PROPERTIES
GENERALLY LOCATED SOUTH OF TAMARACK AVENUE, NORTH AND
EAST OF EL CAMINO REAL AND NORTH OF CANNON ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH WEST VILLAGE
CASE NO.: CT 13-03/PUD 13-06/HDP 13-01/SUP 13-02
WHEREAS, Rancho Costera, LLC, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as
Parcel 1 of Certificate of Compliance for Adjustment Plat No. CE 12-14
recorded November 13, 2012 as Document No. 2013-0706271
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Vesting Tentative Tract
Map, Planned Development Permit, Hillside Development Permit, and Special Use Permit as shown on
Exhibits “A” – “W” and “L1-L29” dated February 5, 2014, on file in the Planning Division ROBERTSON
RANCH WEST VILLAGE – CT 13-03/PUD 13-06/HDP 13-01/SUP 13-02, as provided by Chapters 20.12,
21.45, 21.95, and 21.40 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on February 5, 2014, 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 Vesting Tentative Tract Map, Planned Development Permit, Hillside Development Permit, and
Special Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
PLANNING COMMISSION RESOLUTION NO. 7035
PC RESO NO. 7035 -2-
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of ROBERTSON RANCH WEST VILLAGE CT 13-03, PUD 13-
06, HDP 13-01, and SUP 13-02, based on the following findings and subject to the
following conditions:
Findings:
Vesting Tentative Tract Map (CT 13-03)
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 all lots meet the minimum lot
size and dimension requirements, provide the required public vehicular access, and will be
suitable for future residential, commercial, recreational, and community facilities
development.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential, commercial, and recreational
development on the General Plan, in that the development of the Robertson Ranch West
Village will include single-family and multi-family residential development as well as
commercial development, community facilities, and preserved open space for both passive
and active recreation.
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,
and the proposed commercial, community facilities and open space uses in that the project is
the creation of 308 individual single-family residential lots, two multi-family residential lots,
one commercial lot, one community facilities lot, and 5 open space lots, with the larger
Planning Area lots established for the master plan consistent with the intent and standards
developed by the Robertson Ranch Master Plan.
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 have
been identified and none are affected by the proposed subdivision and that the subdivision of
the property includes the creation and dedication of public streets necessary for the access to
each newly created lot.
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 and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that those areas within the subdivision boundaries that include sensitive habitat are proposed
to be preserved through designation as open space. Through preservation and designation
there is no potential for damage or injury to wildlife or its habitat.
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7. 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.
8. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan and Robertson Ranch Master Plan (MP 02-03) based on
the facts set forth in the staff report dated February 5, 2014 including, but not limited to the
following:
a. Land Use – The project follows the underlying principal of the General Plan Land Use
Element that the Robertson Ranch will be developed as a balanced community with a
range and variety of land uses including residential, recreational, preserved open space,
community facilities, and commercial retail.
b. Housing – The project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance in that the subdivision implements the Robertson Ranch
Master Plan which provides the development standards and framework for the orderly
development and distribution of housing types across the range of single family detached,
single family attached, ownership and rental, market rate and subsidized housing for
lower income households and that the project is conditioned to enter into an affordable
housing agreement prior to the recordation of the final map stipulating that 101
residential units will be made available to lower income households and 56 residential
units will be made available to moderate income households.
c. Noise - The project will 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 Carlsbad Noise
Guidelines Manual in that residential and required recreational uses are not proposed to
be developed with the project. Future discretionary permits for the construction of
housing or required recreation areas will include specific mitigation requirements for
exterior and interior noise level compliance.
d. Public Safety – The project includes or has been conditioned to provide facilities to ensure
that the development proposal complies with the required Fire Suppression Zones,
emergency access, fire hydrant locations, and fire flow requirements.
e. Circulation – The project provides adequate circulation infrastructure to serve the
projected population; and provide a circulation system that promotes safety and livability
of residential neighborhoods while maintaining adequate emergency access in that,
primary local access to the site will be provided via West Ranch Street off of El Camino
Real and secondary ingress and egress to the north via Glasgow Drive, Edinburgh Drive,
and Tamarack Avenue. The circulation system has been designed in conformance with
Engineering and Fire Department design standards to ensure safety and livability of the
residential neighborhoods, while maintaining adequate access for emergency service
providers and prompt evacuation capabilities for residents. All roadways (including curb,
gutter, sidewalks, and 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 dwelling
units and complies with all applicable City design standards.
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f. Open Space & Conservation – The project preserves, protects and enhances those areas of
the site that provide unique and special open space functions, including, but not limited
to, active and passive recreational uses, buffers between incompatible land uses, wildlife
habitats, and unique and desirable vegetation, in that approximately 88.3 acres, or
approximately 40% of the total West Village area, is being set aside in open space. For
purposes of habitat protection, the project is preserving sensitive habitat within open
space conservation Planning Areas 1, 23A, 23B, and 23C.
9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 14 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection 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. 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.
10. 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.
11. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 14.
12. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created
by this project and in compliance with adopted City standards, in that all necessary supporting
infrastructure is required as a condition of approval.
13. That the property cannot be served adequately with a public street without panhandle lots due
to unfavorable conditions resulting from unusual topography, surrounding land development,
or lot configuration, in that Lots 12, 14, and 15, are located at the end of a cul-de-sac with
adequate pad depth but not adequate pad width to create standard lots and lots 42 and 43
are located along the northwestern edge of a natural slope where there is adequate pad
depth but not pad width to create standard lots.
14. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide
full public street access to other properties within the same block of the subject property, in
that all other lots within the subdivision are served by standard lot widths.
15. That the buildable portion of the lots consists of pad areas equal to or greater than the
minimum lot area required for the Planning Area which meets the requirements of Section
21.10.100(C) of the Carlsbad Municipal Code;
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16. That the front, side, and rear property lines of the buildable lot, for purposes of determining
required yards, are as shown on Exhibits “J” and “S”.
17. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.100(D)
of the Carlsbad Municipal Code.
Planned Development Permit (PUD 13-06)
18. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the density of development within each of the Planning Areas falls within the Residential
Medium (RM – 4-8 du/ac) or Residential Low Medium (RLM – 0-4 du/ac) density ranges
consistent with the Land Use designation identified in the Robertson Ranch Master Plan. As
discussed in the project staff report, the project is consistent with all minimum development
and design standards applicable to the property as contained in Chapter 21.45 (Planned
Developments).
19. 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 for the purposes of lot creation, the single family detached
project does not require any variances from standards; is compatible with existing
surrounding single-family residential uses as permitted by the One-Family Residential (R-1)
Zone; and does not create any traffic circulation impacts as all internal public and private
streets are designed to adequately accommodate the 15,769 Average Daily Trips (ADT) being
generated.
20. The project will not adversely affect the public health, safety, or general welfare, in that the
project lots have been designed to comply with all applicable development standards to
ensure compatibility with surrounding single-family residential uses.
21. The project’s design, including streets and lot layout 1) Contributes to the community’s overall
aesthetic quality, 2) Includes the use of the appropriate use of landscaping, and 3) Achieves
continuity among all elements of the project, in that the project is arranged in a modified grid
configuration with both public and private through streets and cul-de-sacs commonly found in
single family neighborhoods; commonly owned lots are fully landscaped; and the combined
elements (i.e. site layout, lot design, circulation system, and landscaping) create continuity in
the overall project design.
Hillside Development Permit (HDP 13-01)
22. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
23. That undevelopable areas of the project, i.e., slopes over 40% that have all of the following
criteria 1) an elevation differential of greater than 15 feet, 2) a minimum area of 10,000
square feet, and 3) comprise of a prominent land form feature, have been properly identified
on the constraints map.
. . .
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24. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly identified and are
incorporated in the design; the project is designed to relate to the slope of the land; highly
visible slopes will be contour graded; the alteration of the natural hillsides will be done in an
environmentally sensitive manner to preserve wildlife habitats; and the project will
implement NPDES measures to reduce runoff and avoid erosion.
25. 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 no
grading will occur in areas with slopes over 40%, with the exception of areas that are exempt
from the hillside regulations because they were previously graded, because grading is
required for a Circulation Element roadway (El Camino Real), or because the slopes have less
than 15 feet in elevation difference and an area of less than 10,000 square feet.
26. That the project design substantially conforms to the intent of the concepts illustrated in the
Hillside Development Guidelines Manual, in that the project earthwork quantities total 9,274
cubic yards per graded acre. Quantities that are less than 10,000 but greater than 8,000 cubic
yards per acre are considered potentially acceptable pursuant to the Carlsbad Hillside
Ordinance Sect. 21.95.120, and must be acceptably justified subject to the approval of the
City Planner and City Engineer. Justification for the proposed level of grading quantities
stems from the predominantly single family residential nature of the development of the
master plan. The map calls for the creation of individual pads which requires slightly more
cut and fill per acre. The pads will accommodate the development of single family lots along
cul-de-sac streets. The approach to development of the West Village is the same design plan
used for the East Village. This will create a homogeneous neighborhood development
pattern. The cul-de-sac pads terrace in the same manner as the natural slope. The amount of
slope in between cul-de-sac lots is limited by the internal street system which is limited to
less than 6.5% slope grade. The elevation differences between the highest point of the
subdivision and the lowest point is approximately 46 feet (184 – 138 above mean sea level)
Greater grading quantities are required to reduce the grade differences between lots which in
turn reduce the road grades throughout the subdivision; and, all manufactured slopes will be
landscaped in accordance with the City’s Landscape Guidelines Manual.
27. That the project design and lot configuration minimizes disturbance of hillside lands, in that the
significant slope and sensitive habitat areas are being preserved in open space.
Special Use Permit: El Camino Real Corridor (SUP 13-02)
28. The proposed project conforms to the intent of the Scenic Preservation Overlay in that the
proposed project complies with the provisions of the El Camino Real Corridor Development
Standards as discussed in the staff report by supporting the design theme; providing future
development with adequate setbacks from El Camino Real and maintaining traffic safety
along El Camino Real. As designed the project will enhance the appearance of the El Camino
Real (ECR) roadway and contribute to the desired easily-identifiable homogeneous single
design concept for ECR through landscape corridors adjacent to the ECR right-of-way and
alteration to topography limited to the parameters and levels of acceptability according to
the ECR Corridor Development Standards.
. . .
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29. The proposed project implements the goals and objectives of the General Plan in that the
project improvements are located within the Robertson Ranch West Village. The General
Plan and the Robertson Ranch Master Plan recognize the need for development along the El
Camino Real corridor for a variety of land uses. The Robertson Ranch Master Plan was found
to comply with all applicable General Plan Goals, Objectives, and Policies, including Land Use.
The project is consistent with the Master Plan and, therefore, is also in compliance with the
General Plan.
30. Compliance with the non-contiguous sidewalk, wood only street furniture and double
distance street light spacing standards are infeasible for this project since a street adjacent
sidewalk in some instances is necessary to accommodate bus passengers and to reduce open
space encroachment, wood street furniture is not as durable as alternative materials, and the
double street light spacing has already been overridden in favor of the City standard for the
existing improvements to El Camino Real between the Country Store and College Boulevard
and should therefore also be applied to the project. Compliance with the grading standard is
infeasible because of the extraordinarily steep topography within PAs 1, 7 and 11 adjacent to
El Camino Real.
31. That the scenic qualities of the corridor will continue to be maintained if the grading, non-
contiguous sidewalk, wood only street furniture and double distance street light spacing
standards are not fulfilled since these elements are lesser components of a whole that creates
the corridor’s scenic quality and their absence will not adversely affect the whole.
32. That the project, including non-compliance with grading, non-contiguous sidewalk, wood only
street furniture and double distance street light spacing standards will not have an adverse
impact on traffic safety in that non-compliance with any of these standards either are not
related to the movement of traffic on El Camino Real or in the case of street light spacing will
provide more illumination along the street frontage than required by the El Camino Real
Corridor Development Standards.
33. That the West Village project is generally designed so as to meet the intent of the scenic
preservation overlay zone through the use of landscape and grading design including planted
retaining walls on the slopes adjacent to El Camino Real.
California Environmental Quality Act
34. The City Planner has determined that:
a. the project is a:
(1) subsequent activity of a project for which a program EIR was prepared, and a
notice for the activity has been given, which includes statements that this activity
is within the scope of the program approved earlier, and that the program EIR
adequately describes the activity for the purposes of CEQA) [15168( c)(2) and (e)];
and
(2) project for which a Mitigated Negative Declaration was previously adopted
[15162].
b. this project is consistent with the project cited above;
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c. EIR 03-03 was certified November 2006 for the Robertson Ranch Master Plan and a
Mitigated Negative Declaration for the West Village was adopted in December 2012
in connection with an amendment for the Robertson Ranch Master Plan (MP 02-03D);
d. the project has no new significant environmental effect not analyzed as significant in
the prior EIR or Mitigated Negative Declaration; and
e. none of the circumstances requiring a Subsequent EIR or Mitigated Negative
Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163
exist.
General
35. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
36. That the City has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project. The applicant shall prepare and submit a trail plan for approval by
the Park and Recreation Director prior to construction. Construction shall be inspected to
ensure conformity with the Standards for Design and Construction of Public Works
Improvements in the City of Carlsbad (“Standards”); Trail Construction Standards; and the
approved plans.
37. 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 below shall be satisfied prior to grading permit,
building permit or recordation of final map, whichever comes first; or pursuant to an approved
construction schedule at the discretion of the appropriate division manager or official.
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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Vesting Tentative Tract Map, Planned 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/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 Vesting Tentative Tract Map, Planned
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.
6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the Vesting
Tentative Map reflecting the conditions approved by the final decision-making body.
7. 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.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director
from the Carlsbad Unified School District that this project has satisfied its obligation to provide
school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 14 Local Facilities Management Plan and any amendments made to that Plan prior
to the issuance of building permits.
10. This approval is subject to the Robertson Ranch West Village Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program for GPA 11-01, MP 03-02(C), and HMP 11-
03, is also subject to the Robertson Ranch Final Environmental Impact Report (EIR 03-03) and
Mitigation Monitoring and Reporting Program.
11. 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 14, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
. . .
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12. Prior to the issuance of the grading permit or recordation of the final map, whichever occurs
first, 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 Vesting Tentative Tract Map, Planned
Development Permit, Hillside Development Permit, and Special Use Permit by Planning
Commission Resolution No. 7035 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.
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.
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. Prior to removal or damage of any active nests or any tree pruning or removal operations
during the prime nesting season, that being from March 15 to May 30, a certified biologist shall
survey the trees to determine if there are any active nests within 500 feet of the area of tree
removal or pruning. If any active nests are located within 500 feet, no tree pruning or removal
operations can occur until the nests are vacated or until the end of the prime breeding season,
whichever occurs later.
16. Prior to any tree removal or pruning operations proposed outside of the prime nesting season
but within the period of February 15 to August 31, a confirmation is required from a certified
biologist that no disturbance to active nests or nesting activities would occur. Documentation
from the certified biologist consistent with these requirements shall be submitted to the City
Planner for review and approval. A note to this effect shall be placed on the construction or
grading plans.
17. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner
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 CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement by the City. The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
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b. Notice 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 within 30
days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the
Association fails to maintain the “Common Area Lots and/or the Association’s Easements”
as provided in Article , Section the City shall have the right,
but not the duty, to perform the necessary maintenance. If the City elects to perform such
maintenance, the City shall give written notice to the Association, 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 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 Association
fails to carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be entitled to cause
such work to be completed and shall be entitled to reimbursement with respect thereto
from the Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association’s Easements, the City shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association’s Easements. The City shall
provide a copy of such invoice to each Owner in the Project, together with a statement that
if the Association fails to pay such invoice in full within the time specified, the City will
pursue collection against the Owners in the Project pursuant to the provisions of this
Section. Said 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, 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 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 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 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 and to bring all legal actions and/or to pursue lien foreclosure
procedures against any Owner and his/her respective Lot for purposes of collecting such
special assessment in accordance with the procedures set forth in Article of this
Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit .
f. Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit .
. . .
. . .
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18. 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.
19. Prior to approval of the final map, 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 USFWS.
20. Developer shall submit a street name list consistent with the City’s street name policy subject to
the City Planner’s approval prior to final map approval.
21. 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.
22. If satisfaction 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, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the
school district is the taxing agency responsible for 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 fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
23. Prior to the recordation 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 101
dwelling units as affordable to lower-income households and 56 dwelling units as affordable to
moderate 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.
24. Developer shall dedicate, on the final map, an open space easement for those portions of lots
325, and 342-345, which are in slopes, wetlands, coastal sage scrub, 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 fences, walls, decks, storage
buildings, pools, spas, stairways, and landscaping except for those improvements shown on the
approved exhibits.
25. Removal of native vegetation and development of Open Space Lot(s) 325, and 342-345,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and
landscaping, other than that approved as part of the grading plan, improvement plans,
biological revegetation program, landscape plan, etc., as shown on Exhibits “A” – “W” and “L1-
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L29”, is specifically prohibited, except upon written order of the Carlsbad Fire Department for
fire prevention purposes, or upon written approval of the City Planner, based upon a 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 disease or impending
danger to adjacent habitable dwelling units. For areas containing native vegetation, the report
required to accompany the request shall be prepared by a qualified biologist.
26. Prior to the recordation of the final map, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the Vesting
Tentative Tract Map within Lot(s) 342-345. If the City of Carlsbad accepts dedication of the trail
easement, the trail shall be constructed by the applicant at its expense as a public trail and will
be maintained by of the City of Carlsbad. If the City of Carlsbad does not accept dedication of
the trail easement, the trail shall still be constructed by the applicant at its expense but it shall
be constructed as a private trail open to the public and shall be the maintenance responsibility
of the applicant or its successor in interest (i.e. Master Homeowners Association).
27. Prior to the development of Lot 337, the Developer shall provide an irrevocable offer of
dedication within Lot 337 to the City of Carlsbad for a trail easement for trail(s) consistent with
the Robertson Ranch Master Plan Figure III-9. If the City of Carlsbad accepts dedication of the
trail easement, the trail shall be constructed by the applicant at its expense as a public trail and
will be maintained by of the City of Carlsbad. If the City of Carlsbad does not accept dedication
of the trail easement, the trail shall still be constructed by the applicant at its expense but it
shall be constructed as a private trail open to the public and shall be the maintenance
responsibility of the applicant or its successor in interest (i.e. Master Homeowners
Association).
28. A wildlife crossing warning sign shall be installed on Robertson Road intersecting the habitat
areas between PA 1 and PA 23A, Glasgow Drive between PA 23A and PA 23B, and Gage Drive
between PA 23B and PA 23C in a size and design satisfactory to the City Engineer.
Engineering
29. 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.
30. 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 determined that
adequate water and sewer facilities are available at the time of permit issuance and will
continue to be available until time of occupancy.
31. Prior to approval of the final map, Developer shall receive approval of a lot line adjustment,
application no. ADJ 13-01, as it relates to the proposed subdivision boundary as shown on the
Vesting Tentative Map all to the satisfaction of the City Engineer.
. . .
. . .
. . .
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32. This project includes both public and private improvements. 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 private improvements within this subdivision,
including but not limited to private streets, sidewalk, curb, gutter, signage, storm drains, raised
median islands, traffic circles, street lights, bioretention basins and storm drain facilities located
therein and to distribute the costs of such maintenance in an equitable manner among the
owners of the properties within this subdivision.
33. This project is a Vesting Tentative Map. Developer shall prepare, submit and process for city
engineer approval a final map to subdivide this project.
34. Unless otherwise approved, this project is approved for up to 2 final maps for the purposes of
recordation in the order of phasing shown on the Vesting Tentative Map all to the satisfaction
of the City Engineer and City Planner.
35. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards and the City Landscape Manual. The property
owner and/or Home Owners Association shall maintain this condition.
36. 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
37. 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.
38. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
39. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Panhandle Lot Hold Harmless Agreement.
40. 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.
41. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private raised median islands (includes
curbs, hardscape, pavers, landscaping, irrigation, etc.) located over proposed public right-of-way
or easements as shown on the Vesting Tentative Map. Developer shall pay processing fees per
the city’s latest fee schedule.
42. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2
(SL&LD #2). Developer shall cause property 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.
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43. 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
44. Based upon a review of the proposed grading and the grading quantities shown on the Vesting
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.
45. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading within
this Vesting Tentative Map boundary all subject to city engineer approval.
46. No offsite construction shall occur until Developer obtains offsite permission from the owners
of the affected properties. Offsite permissions shall be provided to city to the satisfaction of
the city engineer.
47. 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.
48. 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.
49. 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.
50. 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.
51. 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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52. 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
53. Developer shall cause property owner to dedicate to the city the easements for El Camino Real,
Wadsworth Street, Wellspring Street, Robertson Road, Portola Court, Nelson Court, La Paz
Court, Trailblazer Way, West Ranch Street and those portions of Glasgow Drive, Gage Drive
Street and Edinburgh Drive for public street & public utility purposes as shown on the Vesting
Tentative Map. 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.
54. Developer shall cause property owner to dedicate to the city the easements over the private
streets for Borden Court, Crespi Court, Kentner Court, Chase Court and those portions of
Glasgow Drive and Gage Drive, for general access & public utility purposes as shown on the
Vesting Tentative Map. 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.
55. Developer shall cause property owner to dedicate to the city the easements for public sewer,
storm drain, pedestrian access and trail purposes as shown on the Vesting Tentative Map. 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.
56. Developer shall cause owner to irrevocably offer to the city the easements for drainage
purposes as shown on the Vesting Tentative Map. 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. Additional easements may be required at final design to the
satisfaction of the city engineer.
57. Unless otherwise approved by the city engineer, developer shall obtain easements for
construction and temporary slope purposes as necessary to construct the public
improvements shown on this Vesting Tentative Map and those improvements shown on the
exhibits for CDP 11-10.
58. Developer shall design private drainage systems, as shown on the Vesting Tentative Map to
public standards 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.
59. Developer shall design and construct a second (dual) left turn lane on northbound El Camino
Real to westbound Tamarack Avenue as listed in the city’s Capital Improvement Program.
Developer may be eligible for reimbursement for construction of these improvements based
on available funds from the city’s capital improvement program. Prior to construction of the
improvements, developer shall enter into a reimbursement agreement to the satisfaction of
the Transportation Director, Finance Director and City Attorney.
. . .
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60. 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 Vesting 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. Construct public road and utility improvements for Wadsworth Street, Wellspring
Street, Robertson Road, Portola Court, Nelson Court, La Paz Court, West Ranch Street,
Trailblazer Way and those portions of Glasgow Drive, Gage Drive Street and
Edinburgh Drive and shall construct a right-in right-out where Robertson Road
intersects with existing Tamarack Ave as shown on the Vesting Tentative Map, to city
standards, all to the satisfaction of the city engineer.
B. Construct private road, private storm drain and public utility improvements to Borden
Court, Crespi Court, Kentner Court, Chase Court, and those portions of Glasgow Drive
and Gage Drive as shown on the Vesting Tentative Map, to city standards, all to the
satisfaction of the city engineer.
C. Construct remaining full-width grading, surface and utility improvements on El
Camino Real, to prime arterial standards, along the entire project frontage, from
Tamarack Avenue to Cannon Road including necessary transitions in both lane
directions. 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 thru-lanes (each direction), 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 as shown on
exhibits for CDP 11-10 all to the satisfaction of the city engineer.
D. 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.
E. 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.
F. On southbound El Camino Real at Cannon Road, construct a second southbound left
turn lane to eastbound Cannon Road, subject to city engineer approval.
G. 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.
H. Extend the sewer in El Camino Real to serve this project as shown on the Vesting
Tentative Map. Extend public sewer necessary to intercept existing sewer flows from
the northerly existing development (CT 76-12) near Edinburgh Drive as shown on the
Vesting Tentative Map. Developer shall coordinate with city to decommission the
existing Gateshead lift station to the satisfaction of the city engineer.
I. Remove the existing sewer lift station at the northeast corner of El Camino Real and
Tamarack Ave subject to approval by the city engineer.
. . .
. . .
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J. Construct all private and public onsite drainage infrastructure to collect, convey and
discharge storm water on or through the project, to city standards, as shown on the
Vesting Tentative Map. Unless otherwise approved, Developer shall construct Facility
BFA pursuant to Local Facilities Management Plan Zone 14 to the satisfaction of the
city engineer.
K. Construct an 8” and 12” recycled waterline along the frontage of El Camino Real as
shown on the Vesting Tentative Map to the satisfaction of the district engineer.
L. Abandon the existing 14” potable waterline traversing the project and replace it with
a 16” potable waterline as shown on the Vesting Tentative Map to the satisfaction of
the district engineer.
M. Construct a potable water pressure reducing station in planning area 9/10 as shown
on the Vesting Tentative Map in accordance with the approved water study for MP
02-03 including all appurtenances all to the satisfaction of the district engineer.
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.
61. Developer shall coordinate with the city regarding the construction of Trailblazer Way as it
relates to serving PA 13. If city proceeds to develop the Fire Station No.3 in advance of
Developer, a cost sharing agreement may be executed to cover mutual-shared costs of the
street and utility improvements. If Developer proceeds to developer PA 13 in advance of city,
Developer shall extend road and public utility improvements for Trailblazer Way in
accordance with city standards as necessary to serve this project.
62. Developer shall prepare and process improvement plans and, prior to approval, 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 signal improvements shown on the Vesting
Tentative Map. Said improvements shall be installed to city standards to the satisfaction of the
city engineer. More specifically, these signal improvements include but are not limited to re-
constructing the existing traffic signal at the intersection of El Camino Real and Cannon Road,
including all appurtenances and traffic signal interconnect conduit and cable, to accommodate
the ultimate improvements to El Camino Real proposed by this project. Developer shall install
the traffic signal only with written authorization from the city engineer. 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.
63. Developer shall prepare and process improvement plans and, prior to approval, 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 signal improvements shown on the Vesting
Tentative Map. Said improvements shall be installed to city standards to the satisfaction of the
city engineer. More specifically, these signal improvements include but are not limited to
constructing a new fully actuated traffic signal including all appurtenances and traffic signal
interconnect conduit and cable, at the intersection of El Camino Real and Lisa Street/West
Ranch Street. Developer shall install the traffic signal only with written authorization from the
city engineer. 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.
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64. Developer shall prepare and process improvement plans and, prior to approval, 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 signal improvements shown on the Vesting
Tentative Map. Said improvements shall be installed to city standards to the satisfaction of the
city engineer. More specifically, these signal improvements include but are not limited to re-
constructing the existing traffic signal at the intersection of El Camino Real and Kelly Drive,
including all appurtenances and traffic signal interconnect conduit and cable, to accommodate
the ultimate improvements to El Camino Real proposed by this project. Developer shall install
the traffic signal only with written authorization from the city engineer. 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.
65. Developer shall prepare and process improvement plans and, prior to approval, 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 signal improvements shown on the Vesting
Tentative Map. Said improvements shall be installed to city standards to the satisfaction of the
city engineer. More specifically, these signal improvements include but are not limited to re-
constructing the existing traffic signal at the intersection of El Camino Real and Tamarack
Avenue, including all appurtenances and traffic signal interconnect conduit and cable, to
accommodate the ultimate improvements to El Camino Real proposed by this project.
Developer shall install the traffic signal only with written authorization from the city engineer.
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.
66. Developer shall cause owner to waive direct access rights on the final map for all lots abutting
El Camino Real and West Ranch Street, excepting the access points shown on this Vesting
Tentative Map.
67. Developer shall underground all existing overhead utilities along/within the subdivision
boundary.
68. 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.
Non-Mapping Notes
69. 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 Vesting Tentative Map. These improvements include, but
are not limited to:
1) Construct public road and utility improvements for Wadsworth Street,
Wellspring Street, Robertson Road, Portola Court, Nelson Court, La Paz Court,
West Ranch Street, Trailblazer Way and those portions of Glasgow Drive,
Gage Drive Street and Edinburgh Drive and shall construct a right-in right-out
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where Robertson Road intersects with existing Tamarack Ave as shown on the
Vesting Tentative Map, to city standards, all to the satisfaction of the city
engineer.
2) Construct private road, private storm drain and public utility improvements to
Borden Court, Crespi Court, Kentner Court, Chase Court, and those portions of
Glasgow Drive and Gage Drive as shown on the Vesting Tentative Map, to city
standards, all to the satisfaction of the city engineer.
3) Construct remaining full-width grading, surface and utility improvements on
El Camino Real, to prime arterial standards, along the entire project frontage,
from Tamarack Avenue to Cannon Road including necessary transitions in
both lane directions. 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 thru-lanes (each direction),
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 as shown on exhibits for
CDP 11-10 all to the satisfaction of the city engineer.
4) 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.
5) 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.
6) On southbound El Camino Real at Cannon Road, construct a second
southbound left turn lane to eastbound Cannon Road, subject to city engineer
approval.
7) 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.
8) Extend the sewer in El Camino Real to serve this project as shown on the
Vesting Tentative Map. Extend public sewer necessary to intercept existing
sewer flows from the northerly existing development (CT 76-12) near
Edinburgh Drive as shown on the Vesting Tentative Map. Developer shall
coordinate with city to decommission the existing Gateshead lift station to
the satisfaction of the city engineer.
9) Remove the existing sewer lift station at the northeast corner of El Camino
Real and Tamarack Ave subject to approval by the city engineer.
10) Construct public road and public utility improvements as necessary to extend
Glasgow and Edinburgh Drive as shown on the Vesting Tentative Map.
11) Construct all private and public onsite drainage infrastructure to collect,
convey and discharge storm water on or through the project, to city
standards, as shown on the Vesting Tentative Map. Unless otherwise
approved, Developer shall construct Facility BFA pursuant to Local Facilities
Management Plan Zone 14 to the satisfaction of the city engineer.
12) Construct an 8” and 12” recycled waterline along the frontage of El Camino
Real as shown on the Vesting Tentative Map to the satisfaction of the district
engineer.
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13) Abandon the existing 14” potable waterline traversing the project and replace
it with a 16” potable waterline as shown on the Vesting Tentative Map to the
satisfaction of the district engineer.
14) Construct a potable water pressure reducing station in planning area 9/10 as
shown on the Vesting Tentative Map in accordance with the approved water
study for MP 02-03 including all appurtenances all to the satisfaction of the
district engineer.
B. 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 signal
improvements shown on the Vesting Tentative Map. These signal improvements
include but are not limited to re-constructing the existing traffic signal at the
intersection of El Camino Real and Cannon Road, including all appurtenances and traffic
signal interconnect conduit and cable, to accommodate the ultimate improvements to
El Camino Real proposed by this project.
C. 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 signal
improvements shown on the Vesting Tentative Map. These signal improvements
include but are not limited to provide a fully actuated signal including all appurtenances
and traffic signal interconnect conduit and cable, at the intersection of El Camino Real
and Lisa Street/West Ranch Street.
D. 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 signal
improvements shown on the Vesting Tentative Map. These signal improvements
include but are not limited to re-constructing the existing traffic signal at the
intersection of El Camino Real and Kelly Drive, including all appurtenances and traffic
signal interconnect conduit and cable, to accommodate the ultimate improvements to
El Camino Real proposed by this project.
E. 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 signal
improvements shown on the Vesting Tentative Map. These signal improvements
include but are not limited to re-constructing the existing traffic signal at the
intersection of El Camino Real and Tamarack Avenue, including all appurtenances and
traffic signal interconnect conduit and cable, to accommodate the ultimate
improvements to El Camino Real proposed by this project.
F. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
G. Geotechnical Caution:
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
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.
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H. 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.
I. 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
70. Developer shall abandon the existing 14” potable waterline that traverses this project and
replace it with a 16” potable waterline in the preliminary alignment as shown on the Vesting
Tentative Map, including all appurtenances per District standards. Developer shall provide hi-
lining if necessary to maintain the water network to the satisfaction of the District Engineer.
The Developer, by constructing permanent ‘upsized’ waterline improvements, may be eligible
for reimbursement by the water collection fee program. Prior to construction of the
improvements, developer shall enter into a reimbursement agreement to the satisfaction of
the District Engineer, Finance Director and City Attorney.
71. 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.
72. 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. Developer shall dedicate public water
easements for the proposed pressure reducing station to the satisfaction of the district
engineer.
73. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
74. The developer shall design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
75. 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.
76. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the Vesting Tentative Map to the satisfaction of the district engineer
and city engineer.
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Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
77. This Vesting Tentative Map shall expire two years from the date on which the City Council voted
to approve this application.
78. Park in-lieu fees for this project have been satisfied per the approved Parkland Agreement for
Robertson Ranch on file with the city clerk.
79. Some improvements shown on the Vesting 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 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.
80. 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 Vesting Tentative Map are for
planning purposes only.
81. This project is a Vesting Tentative Map per Carlsbad Municipal Code Section 20.17.
82. 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.
83. 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.
84. 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 here.
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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
8 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
9 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on February 5, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Black, Commissioners Anderson, L'Heureux, Schumacher,
Scully, Segall and Siekmann
19 NEIL BLACK, Chairperson
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CARLSBAD PLANNING COMMISSION
ATIEST:
~~
DON NEU
City Planner
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