HomeMy WebLinkAbout2015-06-03; Planning Commission; Resolution 7104
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE
DEVELOPMENT PERMIT, SPECIAL USE PERMIT AND MINOR
SUBDIVISION TO ALLOW FOR THE IMPLEMENTATION OF HABITAT
MITIGATION ASSOCIATED WITH THE DEVELOPMENT OF COLLEGE
BOULEVARD REACH “A” ON A 17.44-ACRE SITE (16.43 NET ACRES)
LOCATED NORTH OF THE INTERSECTION OF COLLEGE BOULEVARD AND
SUNNY CREEK ROAD AND SOUTH OF THE INTERSECTION OF CANNON
ROAD AND COLLEGE BOULEVARD, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 15.
CASE NAME: COLLEGE BOULEVARD MITIGATION
CASE NO.: HDP 14-04/SUP 14-03/MS 14-10
WHEREAS, WP Golf & Equestrian, “Owner,” and Bent- West LLC, “Applicant”, has filed a
verified application with the City of Carlsbad regarding property described as
Northern Parcel, APN 209-060-71
That portion of Lot ‘B’ of Rancho Agua Hedionda in the County of San
Diego, State of California, according to the map thereof, filed in the
Office of the County Recorder of San Diego County, November 16,
1896.
Said parcel being described as Parcel A of Certificate of Compliance
recorded March 27, 2007 as instrument No. 2007-0205890 of official
records.
Southern Parcel, APN 209-060-72
That portion of Lot ‘B’ of Rancho Agua Hedionda in the County of San
Diego, State of California, according to the map thereof No. 823, filed
in the Office of the County Recorder of San Diego County, November
16, 1896.
Said parcel being described as Parcel D of Certificate of Compliance
recorded September 13, 2007 as instrument No. 2007-0603110 of
official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside Development
Permit, Special Use Permit, and Minor Subdivision as shown on Exhibits “A” – “G,” dated June 3, 2015,
on file in the Planning Division, COLLEGE BOULEVARD MITIGATION – HDP 14-04, SUP 14-03, MS 14-10,
as provided by Chapters 21.95, 21.110, and Title 20 of the Carlsbad Municipal Code; and
PLANNING COMMISSION RESOLUTION NO. 7104
PC RESO NO. 7104 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, the Planning Commission did, on June 3, 2015, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Hillside Development Permit, Special Use Permit, and Minor Subdivision.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the hearing, the Commission RECOMMENDS
APPROVAL of the Hillside Development Permit, Special Use Permit, and Minor
Subdivision, HDP 14-04, SUP 14-03, MS 14-10, for COLLEGE BOULEVARD MITIGATION
based on the following findings and subject to the following conditions:
Findings:
Hillside Development Permit, HDP 14-04
1. That hillside conditions and undevelopable areas of the site have been properly identified on
the constraints map, including the existing floodway, sensitive habitat, existing and proposed
topographical contours and slope gradients.
2. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that the grading proposed in conjunction with the project
will implement the goals and objectives of the land use and open space/conservation
elements of the General Plan since permanent open space will be created as part of the
habitat mitigation project. Specifically, 8.81 acres (net) of sensitive upland, riparian and
wetland habitat will be created adjacent to Agua Hedionda Creek and will be protected
through the designation of an open space lot and long-term preservation via a biological
conservation easement on Parcel C. The proposed habitat mitigation project satisfies the
biological resource mitigation measures for the development of College Boulevard Reach “A”,
which is an extension of a major arterial road. The habitat mitigation project would create
manufactured slopes at varied gradients (i.e., minimum slope inclination of 2:1) up to 40 feet
in height and 200 feet in length. The manufactured slopes would be contoured to blend in
with the surrounding area and would be landscaped consistent with the City’s Landscape
Manual and Habitat Management Plan to appear natural and aesthetically pleasing. In
addition, the proposed quantity of grading, 7,595 cubic yards of grading per acre, falls within
the “acceptable” range.
3. That the alteration of natural hillsides will be done in an environmentally sensitive manner
whereby lagoons and riparian ecosystems will be protected from increased erosion and no
substantial impacts to natural resource areas, wildlife habitats or native vegetation will occur in
that the proposed habitat mitigation project will ultimately enhance the natural resources
and improve the wildlife corridor adjacent to Agua Hedionda Creek.
PC RESO NO. 7104 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4. That the project design substantially conforms to the intent of the concepts illustrated in the
Hillside Development Guidelines Manual, in that the manufactured slopes will have varying
gradients, will be contour-graded, and will be landscaped pursuant to the City’s Landscape
Manual and Habitat Management Plan. The combined effect will soften the appearance of the
graded slopes. No development beyond the grading for the habitat mitigation is proposed in
conjunction with the project.
Special Use Permit, SUP 14-03
5. The site is reasonably safe from flooding in that pursuant to the Hydraulic Analysis prepared
for the project (Lyle Engineering, Inc., January, 2015), the grading associated with the
proposed habitat mitigation project will increase the flow conveyance volume in the
floodplain areas and significantly reduce the 100-year starting water surface elevation (WSE).
This reduction will occur west of the bridge over Agua Hedionda Creek; the bridge will be
constructed as a part of the College Boulevard Extension (Reach A, EIR 98-02). In addition, as
a result of the grading for the habitat mitigation, which includes widening the channel on
Parcel C, Parcels A and D will be located outside of the floodplain. Further, results of the
Hydraulic Analysis indicate that flow velocities post project will be lower or equal to pre-
project conditions within the proposed widening of the channel. Flow velocities will be
significantly reduced because of the shallower depths spread across the channel bottom.
Therefore, the site will be reasonably safe from flooding.
6. The project as proposed has been designed to minimize the flood hazard to the habitable
portions of the structure in that no habitable structures are proposed in conjunction with the
habitat mitigation project.
7. The proposed project does not create a hazard for adjacent, or upstream/downstream
properties or structures in that the grading associated with the proposed habitat mitigation
project will increase the flow conveyance volume in the floodplain areas and significantly
reduce the 100-year starting water surface elevation (WSE). This reduction will occur west of
the bridge over Agua Hedionda Creek; the bridge will be constructed as a part of the College
Boulevard Extension (Reach A, EIR 98-02). In addition, as a result of the grading for the
habitat mitigation, which includes widening the channel on Parcel C, Parcels A and D will be
located outside of the floodplain. Further, results of the Hydraulic Analysis indicate that flow
velocities post project will be lower or equal to pre-project conditions within the proposed
widening of the channel. Flow velocities will be significantly reduced because of the
shallower depths spread across the channel bottom.
8. The proposed project does not reduce the ability of the site to pass or handle a base flood of
100-year frequency in that the grading associated with the proposed habitat mitigation
project will increase the flow conveyance volume in the floodplain areas and significantly
reduce the 100-year starting water surface elevation (WSE).
9. The proposed project taken together with all the other known, proposed, and anticipated
projects will not increase the water surface elevation of the base flood more than one foot at
any point in that pursuant to the Hydraulic Analysis prepared for the project (Lyle Engineering,
Inc., January 2015), the grading associated with the proposed habitat mitigation project will
increase the flow conveyance volume in the floodplain areas and significantly reduce the 100-
year starting water surface elevation (WSE).
. . .
PC RESO NO. 7104 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Minor Subdivision, MS 14-10
10. That the proposed subdivision, together with the provisions for its 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
tentative parcel map creates four (4) parcels, three (3) of which (Parcels A-C) will be General
Plan-designated and zoned Open Space. No development is proposed on Parcel D at this
time.
11. That the proposed project is compatible with the surrounding future land uses since permanent
open space is a desired land use, particularly natural open space, as is proposed in
conjunction with the habitat mitigation adjacent to Agua Hedionda Creek on Parcel C.
12. That the site is physically suitable for the type and density of the development in that no
development beyond the habitat mitigation on Parcel C is proposed. Parcels A, B, and C will
be designated as Open Space which will preclude any residential development in the future.
Parcel D will continue to be designated Residential Low-Medium Density (RLM) and zoned
Limited Control (L-C); no development is proposed on Parcel D at this time.
13. 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 there are no
easements of record or easements established by court judgment for access through or use of
property within the property.
14. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
15. 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 in that no structures are proposed in
conjunction with the habitat mitigation project.
16. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat,
in that the proposed habitat mitigation project includes the creation of sensitive upland,
riparian and wetland habitat adjacent to Agua Hedionda Creek. Ultimately, the overall value
of the sensitive habitat adjacent to the creek, as well as the wildlife corridor, will be superior
to what currently exists on-site.
17. 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 subdivision of the property
into four (4) parcels and the implementation of habitat mitigation on Parcel C will improve
the drainage pattern through the addition of wetland habitat adjacent to Agua Hedionda
Creek. In addition, the project has been designed in accordance with the Best Management
Practices for water quality protection in accordance with the city’s drainage standards and
the project is conditioned to comply with the National Pollutant Discharge Elimination System
(NPDES) requirements.
. . .
PC RESO NO. 7104 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
California Environmental Quality Act
18. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program, and Addendum for COLLEGE BOULEVARD
MITIGATION - GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10, the
potential environmental impacts therein identified for this project and any comments
thereon prior to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and
Addendum, have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
d. based on the EIA Part II, comments thereon and with the incorporation of the proposed
Mitigation Measures listed in the Mitigation Monitoring and Reporting Program, there is
no substantial evidence the project will have a significant effect on the environment.
General
19. 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
May 20, 2015, including but not limited to the following:
a. Land Use– in that the proposed habitat mitigation project creates and permanently
preserves 8.81 acres (Parcel C) of sensitive wetland, riparian and upland habitat adjacent
to Agua Hedionda Creek. Proposed Parcel C will be permanently preserved as open space
through a biological conservation easement. In addition, consistent with the
requirements of the Habitat Management Plan (HMP), the area will be converted from a
Proposed Standards to a Hardline Area. Proposed Parcels A and B will also be designated
as Open Space. Parcel A will be designated as OS and used as a garden area in the future.
Parcel B will developed with a bio-retention basin and also designated as OS. In total,
10.65 acres is proposed to be designated as OS, which will contribute to the enhancement
and image of Carlsbad as an open-space oriented community.
b. Open Space – in that the proposed habitat mitigation project entails the creation of
sensitive wetland, riparian and upland habitat adjacent to Agua Hedionda Creek which
will be permanently preserved. The mitigation project will enhance the overall biological
value of the area adjacent to the creek and will assist with maintaining a functional
wildlife corridor and habitat linkage along Agua Hedionda Creek. In addition, a total of
5.21 acres of the project site is currently designated as OS in the General Plan and a total
of 10.65 acres is proposed to be re-designated to OS as part of the General Plan
Amendment. Thus, a net gain of 5.44 acres of OS-designated property is proposed.
20. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zones 15 and all City public policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
PC RESO NO. 7104 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
b. 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.
21. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
22. 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 issuance of the grading
permit.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City’s approval of this Hillside
Development Permit, Special Use Permit, and Minor Subdivision.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Hillside Development Permit, Special Use Permit, and Minor Subdivision
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.
PC RESO NO. 7104 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program and Addendum, GPA 14-02, ZC 14-01, and HMP
14-02, and is subject to all conditions contained in Planning Commission Resolutions No. 7102,
7103 and 7105 for those other approvals incorporated herein by reference.
6. Developer shall implement, or cause the implementation of, the Mitigated Negative
Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 14-02/ZC 14-
01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10.
7. 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 Hillside Development Permit, Special Use Permit,
and Minor Subdivision, (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.
8. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of the Site
Plan reflecting the conditions approved by the final decision-making body.
9. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including
any applicable Coastal Commission approvals).
10. 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.
11. This approval shall become null and void if grading permits are not issued for this project within
24 months from the date of project approval.
12. 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.
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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
PC RESO NO. 7104 -8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 grading
plans.
15. Prior to issuance of the 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
General Plan Amendment, Zone Change, Hillside Development Permit, Special Use Permit,
Habitat Management Plan Permit and Minor Subdivision by Resolutions No. 7102, 7103, 7104
and 7105 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:
NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading
permit, or recordation of the Parcel Map, whichever comes first; or pursuant to an approved
construction schedule at the discretion of the appropriate division manager or official.
General
16. 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.
17. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site
Plan/Tentative Parcel 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 improvement
plans, grading plans, or parcel map, whichever occurs first.
18. Developer shall prepare, submit and process for city engineer approval a Parcel Map to
subdivide this project. There shall be one Parcel Map recorded for this project. Developer shall
pay the city standard map review plan check fees.
Fees/Agreements
19. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
20. Prior to the future development of Parcel D, this parcel shall be annexed into City of Carlsbad
Street Lighting and Landscaping District No. 1 or 2, to the satisfaction of the city finance
director. The developer of Parcel D shall pay all fees necessary to annex the property into
SL&LD. A note to this effect shall be included on the non-mapping sheet of the parcel map.
. . .
PC RESO NO. 7104 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Grading
21. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map/Site Plan, 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.
22. Prior to issuance of a Grading Permit, Developer shall apply for and receive approval of a
Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management
Agency (FEMA) related to the proposed grading within the existing regulatory floodplain.
Proof of CLOMR approval shall be provided to the satisfaction of the city engineer.
23. Upon completion of grading associated with this project, Developer shall submit, process and
receive approval of a Letter of Map Revision (LOMR) to document, with FEMA, the work has
been accomplished. Proof of LOMR approval shall be provided to the satisfaction of the city
engineer.
24. Prior to approval of the Parcel Map, in accordance with Local Facilities Management Plan
Zone 15 requirements, Developer shall provide evidence that the design and security has
been posted for detention basin ‘BJ’ just east of the intersection of College Boulevard and
Cannon Road all to the satisfaction of the city engineer.
25. Prior to approval of the Parcel Map, Developer shall provide evidence that the relocation site
of the existing Rancho Carlsbad RV storage/garden site for the adjacent property owner of
APN 168-050-43 (Rancho Carlsbad Partners) has been provided for as described in EIR 98-02.
Developer shall provide evidence that a secured agreement is provided to the city
guaranteeing rough grading and drainage improvements of the RV storage/garden site in a
form acceptable to the city engineer and city attorney.
26. Prior to approval of the Parcel Map or construction of Basin BJ, whichever comes first,
Developer shall provide evidence that the Rancho Carlsbad RV storage/garden replacement
site improvements have been constructed as required per EIR 98-02 and RMHP 96-01(D), to
the satisfaction of the city planner and the city engineer.
27. No grading for private improvements shall occur outside the project unless developer obtains,
records, and submits a recorded copy, to the city engineer, a temporary grading, construction
or slope easement or agreement from the owners of the affected properties. If developer is
unable to obtain the temporary grading or slope easement, or agreement, no grading permit
will be issued. In that case developer must either apply for and obtain an amendment of this
approval or modify the plans so grading will not occur outside the project and apply for and
obtain a finding of substantial conformance and/or consistency determination from both the
city engineer and city planner.
28. 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.
PC RESO NO. 7104 -10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29. 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.
30. 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.
Dedications/Improvements
31. Prior to approval of the Parcel Map, in accordance with Local Facilities Management Plan
Zone 15 requirements, Developer shall provide evidence that the design and posting of
security of street improvements to College Boulevard approximately 4200-feet from its
existing northerly terminus near El Camino Real to the intersection of Cannon Road has been
provided to the satisfaction of the city engineer. These improvements shall, at a minimum,
consist of ‘core’ improvements. ‘Core’ improvements include full-width grading for College
Boulevard (major arterial standards), two 18-wide paved lanes (one in each direction),
median curb, road drainage crossings and environmental mitigation. The parcel map shall not
record without compliance with Zone 15 requirements.
32. Prior to Parcel Map approval, in accordance with Local Facilities Management Plan Zone 15
requirements, Developer shall submit evidence of a financing program, for the design and
construction of the ‘core’ improvements for College Boulevard reach A, executed by all
participating property owners, subject to review by the city engineer and finance director and
approval by City Council. The Parcel Map shall not record without compliance with Zone 15
requirements.
33. Prior to Parcel Map approval, Developer shall provide evidence that a private access and
utility easement for Parcel A is provided through the adjacent Dos Colinas development, MS
09-04 as shown on the Tentative Map/Site Plan. If an access and utility easement has not
been provided, Developer shall cause owner to submit to the city engineer for recordation an
offsite covenant of easement, or other acceptable instrument, for private access and utility
purposes to College Boulevard for the benefit of Parcel A as shown on the Tentative Map/Site
Plan. Developer shall pay processing fees per the city’s latest fee schedule.
34. Prior to Parcel Map approval, Developer shall cause owner to execute a certificate on the
parcel or submit to the city engineer for recordation a covenant of easement, or other
acceptable instrument, for private access purposes for the benefit of Parcel C as shown on the
Tentative Map/Site Plan. Developer shall pay processing fees per the city’s latest fee schedule.
35. Prior to Parcel Map approval, Developer shall abandon a portion of abutters rights for ingress
and egress relinquished per document no. 2007-0205886 recorded March 27, 2007. Said
abandonment shall apply to only that portion required to accommodate the proposed access
road for the water quality basin on Parcel B and maintenance access for Parcel C as shown on
the Tentative Map/Site Plan all to the satisfaction of the city engineer.
. . .
PC RESO NO. 7104 -11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
36. Prior to Parcel Map approval, if the improvements, as listed below, along this subdivision
frontage have not been previously designed and secured through Zone 15 College Blvd
Finance mechanism or other means, Developer shall prepare and process public improvement
plans and, prior to city engineer approval of said plans, shall execute a city standard Minor
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 for MS 09-04. Said
improvements shall be installed to city standards to the satisfaction of the city engineer. These
improvements include, but are not limited to:
A. Complete half-street improvements for College Boulevard (major arterial standards)
along the project frontage per city standards. Complete half-street improvements
include a 32-ft paved half-street width consisting of two 12-foot lanes and an 8-foot
bike lane, curb, gutter, street lights, fire hydrants, median hardscape, median
landscaping, parkway irrigation and parkway irrigation as shown on the tentative
parcel map for MS 09-04 incorporated herein.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
37. Developer shall process a construction revision to the record drawing or prepare public
improvement plans and, prior to city engineer approval of said plans, shall execute a city
standard Minor 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/Site Plan. Said improvements shall be installed to city standards to the satisfaction of the
city engineer. These improvements include, but are not limited to:
A. Developer shall remove or abandon the public sewer as shown on the Tentative Map
to the satisfaction of 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.
Non-Mapping Notes
38. On the non-mapping sheet, Developer shall depict the proposed limits of 100-year inundation
through the subdivision.
39. Add the following notes to the Parcel Map as non-mapping data:
A. Developer has executed a city standard Minor 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/Site Plan. These improvements include,
but are not limited to:
1) Developer shall remove or abandon the public sewer as shown on the Tentative
Map to the satisfaction of the city engineer.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
PC RESO NO. 7104 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C. 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.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
40. This tentative map shall expire two years from the date on which the Planning Commission
voted to approve this application.
41. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of
the City of Carlsbad Municipal Code to the satisfaction of the city engineer.
42. Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the city nor the owner has sufficient title or interest
to permit the improvements to be made without 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.
43. Prior to the issuance of a grading permit, Developer shall pay the Local Facilities Management
fee for Zone 15 as required by Carlsbad Municipal Code Section 21.90.050.
44. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
45. 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 grading permit issuance,
except as otherwise specifically provided herein.
. . .
. . .
. . .
. . .
. . .
. . .