HomeMy WebLinkAbout2006-09-20; Planning Commission; Resolution 6110PLANNING COMMISSION RESOLUTION NO. 6110
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 02-16 TO SUBDIVIDE 176 ACRES
3 INTO 10 LOTS ON PROPERTY GENERALLY LOCATED
EAST AND WEST OF THE INTERSECTION OF COLLEGE
4 BOULEVARD AND CANNON ROAD, AND EAST AND WEST
5 OF CANNON ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 14.
6 CASE NAME: ROBERTSON RANCH EAST VILLAGE
MASTER TENTATIVE MAP
7 CASE NO.: CT 02-16
8 WHEREAS, Calavera Hills II, LLC, "Owner," has filed a verified application with the City of
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Carlsbad regarding property described as
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Those portions of Lots D and E of Rancho Agua Hedionda, in
1' the City of Carlsbad, County of San Diego, State of California.
j2 According to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, November 16, 1896,
13 described as follows:
14 Parcel 1:
Parcel 1 on Certificate of Compliance recorded November 28,
15 2001; as File No. 2001-0865064 of Official Records.
16 Parcel 2:
17 The remainder parcel of Carlsbad Minor Subdivision 02-10 as
shown on Parcel Map No. 19804 recorded August 3, 2005, as
18 File No. 2005-0659805 of Official Records.
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Tentative Tract
22 Map as shown on Exhibits "A" - "KK" dated May 31, 2006, on file in the Planning
23 Department, ROBERTSON RANCH EAST VILLAGE MASTER TENTATIVE MAP -
24 CT 02-16, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and
25 WHEREAS, the Planning Commission did, on the 31st day of May, 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, after hearing the staff presentation for the Robertson Ranch
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Master Plan and public testimony on the project, the Planning Commission did continue
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the public hearing to June 21,2006; and
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r WHEREAS, after hearing the additional staff presentation for the Robertson
6 Ranch Master Plan and public testimony on the project, the Planning Commission did
7 continue the public hearing to a date uncertain; and
8 WHEREAS, the Planning Commission did on the 20th day of September,
9 2006, hold a duly noticed public hearing on the continued Robertson Ranch Master Plan
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project; and
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12 WHEREAS, at said public hearing, upon hearing and considering all testimony
13 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
14 relating to the Tentative Tract Map.
15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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jo B) That based on the evidence presented at the public hearing, the Commission
APPROVES ROBERTSON RANCH EAST VILLAGE MASTER
20 TENTATIVE MAP - CT 02-16, based on the following findings and subject to
the following conditions.
21 Findings;
22 1. That the proposed map and the proposed design and improvement of the subdivision as
23 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
24 Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
25 configuration and have been designed to comply with all other applicable
_, regulations, including the Robertson Ranch Master Plan.
27 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for a number of residential densities and
28 nonresidential land uses as listed in the staff report, dated May 31, 2006, which are
PCRESONO. 6110 -2-
compatible with adjacent existing and planned development. An analysis of land
2 use compatibility is also contained in the Final Program EIR (EIR 03-03).
3 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
4 proposed, in that the project site can accommodate the proposed residential
development while complying with all development standards and public facilities
requirements.
4. That the design of the subdivision or the type of improvements will not conflict with
7 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
8 that concurrent with recordation of the final map, the developer will vacate and
adjust any easements that conflict with proposed development.
JQ 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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6. That the design of the subdivision provides, to the extent feasible, for future passive or
12 natural heating or cooling opportunities in the subdivision, in that the development areas
are located such that future subdivisions will allow for structures to be oriented in1 3 an east-west alignment for southern exposure, and landscaping will be installed to
14 provide shade and reduce the temperatures of developed areas.
15 7. That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
16 against the public service needs of the City and available fiscal and environmental
resources.
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8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
19 habitat, in that the project will implement the required mitigation measures
contained in the Final Program EIR and the Mitigation Monitoring and Reporting
20 Program that are applicable to the East Village development area.
21 9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
23 protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
24 System (NPDES) requirements.
25 10. The Planning Commission finds that the project, as conditioned herein, is in
«.. conformance with the Elements of the City's General Plan, and the Robertson Ranch
Master Plan based on the facts set forth in the staff report dated May 31, 2006, and as
27 contained in the findings for Planning Commission Resolution No. 6107 for
GPA 02-04, which are incorporated herein by reference.
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PCRESONO. 6110 -3-
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
2 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
3 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.
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b. Park land dedication is required by Carlsbad Municipal Code Chapter 20.44,
9 and will be dedicated prior to recordation of the first Final Map or as
specified in the Parkland Agreement for the Robertson Ranch Master Plan.
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c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
12 12. The project has been conditioned to pay any increase in public facility fee, or new
13 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
14 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.
j,. 13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan (LFMP) for Zone 14 as amended, dated May 1,2006.
17 14. That all necessary public facilities required by the Growth Management Ordinance will
18 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
improvements necessary to maintain compliance with the Growth Management
performance standards are contained within the Zone 14 LFMP as amended, dated
May 1, 2006, and the project will comply with the general and special conditions of
21 the zone.
22 15. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned, the applicant
shall record a notice concerning aircraft noise as the project is within the Noise
Impact Notification Area. The project is compatible with the projected noise levels of
the CLUP, and, based on the noise/land use compatibility matrix of the CLUP, the
25 proposed land use is compatible with the airport, in that no areas of the project are
within the 60 CNEL or greater noise contours for the airport.
26
16. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
27 Code Section 14.28.020 and Landscape Manual Section I B).
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PCRESONO. 6110 -4-
17. The Planning Commission hereby finds that all development in Carlsbad benefits from
2 the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
3 provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad's Growth
4 Management Plan. Preservation of wildlife habitats and sensitive species is required by
^ the Open Space and Conservation Element of the City's General Plan which provides for
the realization of the social, economic, aesthetic, and environmental benefits from the
6 preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
7 turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City's
Habitat Management Plan.
9 18. That the City has adopted a Citywide Trails Program and a segment of the trail network is
10 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
12 Works Improvements in the City of Carlsbad ("Standards"); Trail Construction
Standards; and the approved plans.
13 19. The Planning Commission has reviewed each of the exactions imposed on the Developer
14 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:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
18 recordation of a final map or issuance of a grading permit, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2Q 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
21 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
22 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
24 or a successor in interest by the City's approval of this Master Tentative Tract Map
(CT 02-16).
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Master Tentative Tract Map (CT 02-16) documents, as
27 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.
28 Any proposed development, different from this approval, shall require an amendment to
this approval.
PCRESONO. 6110 -5-
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2 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
4 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
6 unless the Cijy Council determines that the project without the condition complies with
all requirements of law.
7
5. Developer shall implement, or cause the implementation of, the Robertson Ranch
Master Plan Project Mitigation Monitoring and Reporting Program.
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6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
10 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
12 or indirectly, from (a) City's approval and issuance of this Master Tentative Tract Map
(CT 02-16), (b) City's approval or issuance of any permit or action, whether discretionary
13 or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/
Operator's installation and operation of the facility permitted hereby, including without
14 limitation, any and all liabilities arising from the emission by the facility of
1 <. 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
16 validated.
17 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Master Tentative Map reflecting the conditions approved by the final decision-
making body.
19 8. This project shall comply with all conditions and mitigation measures which are required
20 as part of the Zone 14 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
22 9. This approval is granted subject to the certification, adoption, and approval of the
Program Environmental Impact Report and Mitigation Monitoring and Reporting
23 Program (EIR 03-03), MP 02-03, GPA 02-04, LFMP 14(B), HMP 06-04, HDP 02-07,
and SUP 02-05 and is subject to all conditions contained in Planning Commission
24 Resolutions No. 6105, 6106, 6107, 6108, 6109, 6111, and 6112 for those other approvals
incorporated herein by reference.
26 10. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
27 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. Notes: A note to this
effect shall be placed on the Final Map.
PCRESONO. 6110 -6-
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2 11. As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
3 of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant
4 shall grant a conservation easement for the conservation, protection, and management of
c fish, wildlife, native plants, and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City's adopted Habitat
6 Management Plan.
7 12. Prior to recordation of the final map or prior to issuance of a grading permit, whichever
occurs first, the Developer shall take the following actions to the satisfaction of the
8 Planning Director in relation to the open space lot(s) which are being conserved for
natural habitat in conformance with the city's Habitat Management Plan:
9 a. Select a conservation entity, subject to approval by the City, that possesses
qualifications to manage the open space lot(s) for conservation purposes.
,, b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City
for estimating the costs of management and monitoring of the open space lot(s) in
12 perpetuity.
, ~ c. Based on the results of the PAR, provide a non-wasting endowment or other
financial mechanism acceptable to the Planning Director and conservation entity,
14 if any, in an amount sufficient for management and monitoring of the open space
lot(s) in perpetuity. The Conservation Easement shall provide that the non-
15 wasting endowment shall transfer to the City if the City accepts the Irrevocable
Offer to Dedicate fee title to the open space lot(s).16
d. Record a Conservation Easement over the open space lot(s) which includes an
17 Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City.
18 e. Prepare an Interim Management Plan which will ensure adequate management of
the open space lot(s) until such time as a permanent preserve management plan is
19 prepared and approved by the City.
20 13. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the environmental
22 analysis for this project. Developer is aware that the City has adopted an In-Lieu
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
23 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. The Developer is further aware that the City has
24 determined that all projects will be required to pay the fee in order to be found consistent
25 with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. The City is currently updating the fee study, which is expected to result in
26 an increase in the amount of the fee, and the Developer or Developer's successor(s) in
interest shall pay the adjusted amount of the fee once it is approved by the City Council.
27 The fee shall be paid prior to recordation of a final map, or issuance of a grading permit
or building permit, whichever occurs first. If the In-Lieu Mitigation Fee for this project is
not paid, this project will not be consistent with the Habitat Management Plan and the
General Plan and any and all approvals for this project shall become null and void.
PCRESONO. 6110 -7-
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2 14. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
3 Developer shall enter into an initial Affordable Housing Agreement with the City to
provide and deed restrict the required 15 percent of the total dwelling units
constructed, to be provided on Lot 1 (Planning Area 15) as affordable to lower-income
households for 55 years, in accordance with the requirements and process set forth in
Chapter 21.85 of the Carlsbad Municipal Code. The draft initial Affordable Housing
Agreement shall be submitted to the Planning Director no later than 60 days prior to the
request to final the map. The recorded initial Affordable Housing Agreement shall be
binding on all future owners and successors in interest.
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15. Prior to recordation of the final map, the developer of the East Village shall obtain
9 approval of an initial Affordable Housing Agreement (AHA). The initial AHA shall
identify the number of units proposed, the proposed location of affordable units, the
10 proposed level and tenure of affordability of the units, and a schedule for
production of the affordable units. The initial AHA shall allow for no release of
building permits by the City of Carlsbad for market-rate units until a Site
12 Development Plan is approved for an affordable housing site required to comply
with the Inclusionary Housing Ordinance and an amended AHA is executed and
13 recorded against the East Village of the Robertson Ranch Master Plan. The
approved Site Development Plan for the affordable units and the amended AHA
shall be required prior to the approval of the first final map for any individual
1 ~ planning area subdivision, or the first development permit for any planning area
which does not require a final map, within the East Village of the Robertson Ranch
16 Master Plan.
17 16. Developer shall construct the required inclusionary units concurrent with the project's
market rate units, unless both the final decision making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
19 development.
20 17. Developer shall submit and obtain Planning Director 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.
23
18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
24 landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
t.*<J
25 19. No trees shall be planted within the 84-inch sewer line easement area along the
north side of Cannon Road.
27
20. Community entry monuments and associated landscaping shall be reviewed with
future subdivision maps or discretionary applications for Lots 1, 2, and 5 (Planning
Areas 15,18, and 21).
PCRESONO. 6110 -8-
1
2 21. Planting and sidewalk locations on the south side of "B" Street within the r.o.w. and
expanded landscape buffer area shall be included as part of the discretionary review
3 for Planning Areas 15 and 21.
4 22. The planting areas along both sides of Cannon Road, Street "A" and Street "O,"
r and on the west side of College Boulevard, shall be revised to incorporate informal
swaths of turf areas on both sides of the meandering sidewalk or DG trail. Turf
6 areas should be located within planting areas that have a width of greater than
6 feet, unless approved otherwise by the Planning Director. Boulders shall be
7 incorporated into the landscape design and shall be grouped to form natural
clusters on the edges of turf areas or in groundcover areas rather than in the middle
of turf areas.
9
23. Developer shall submit and obtain Planning Director approval of a Tree Preservation Plan
10 showing existing on-site Sycamore trees to be preserved within Lot 3 (Planning
Area 22), prior to the issuance of a grading permit. Existing on-site trees shall be
* retained wherever possible and shall be trimmed as needed. The Planning Director may
12 approve the removal of trees, including but not limited to dead, decaying, or potentially
dangerous trees during the review of the Tree Preservation Plan. All trees which are
13 approved for removal shall be replaced on a tree-for-tree basis, and all mature trees shall
be replaced with minimum 36-inch box specimens.
14
24. Developer shall establish a Master homeowner's association and corresponding
covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and
approved by the Planning Director prior to final map approval. Prior to issuance of a
building permit, the Developer shall provide the Planning Department with a recorded
17 copy of the official CC&Rs that have been approved by the Department of Real Estate
and the Planning Director. At a minimum, the CC&Rs shall contain the following
provisions:
19 a. General Enforcement by the City. The City shall have the right, but not the
20 obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
21
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
23 the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
24
. 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
27 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
PCRESONO. 6110 -9-
(30) days from the giving of such notice. In the event that the Association fails to
2 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
3 entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
t- 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
6 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
7 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
9 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
10 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
13 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
14 the Project for an equal prorata 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
16 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
17 actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
1 ° accordance with the procedures set forth in Article of this Declaration.
19 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit
20 owner landscape maintenance responsibilities shall be as set forth in the
Robertson Ranch Master Plan or as approved by the Planning Director.
21
f. Notification of proximity of future sports field and lighting. The CC&Rs
shall disclose the location of the future city park site within Planning Area 12
23 and the potential for noise and/or lighting effects on residences.
24 g. Notification of proximity of Village Commercial Center. The CC&Rs shall
disclose the location of the future Village Commercial Center within
Planning Area 11 and the potential for noise and/or lighting effects on
2g residences.
27 25. 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
28 Planning Director. Said facilities, if required, shall be free from advertising and shall at a
PCRESONO. 6110 -10-
minimum include a bench and a pole for the bus stop sign. The facilities shall be
2 designed to enhance or be consistent with basic architectural theme of the project.
3 26. Pedestrian connections shall be provided from the residential development areas to
bus stops and trails, as provided for in the Robertson Ranch Master Plan. Review
4 of these pedestrian connections shall be in association with the subsequent
5 discretionary applications for the affected planning areas.
6 27. 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
7 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
9 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.
10
28. Developer shall submit a street name list consistent with the City's street name policy
11 and/or Master Plan provisions for Street Names subject to the Planning Director's
, 2 approval prior to final map approval.
13 29. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
14
30. Prior to the issuance of the grading permit or approval of the final map, Developer
shall submit to the City a Notice of Restriction to be filed in the office of the County
16 Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Master Tentative
17 Map, Hillside Development Permit, and Special Use Permit by Resolutions No. 6110,
6111 and 6112 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
1 9 approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The Planning Director has the authority to execute and record an amendment
20 to the notice which modifies or terminates said notice upon a showing of good cause by
the Developer or successor in interest.
21
22 31. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that Lots 1,2, 3,
23 and 5 of this property may be subject to noise impacts from the proposed or existing
Transportation Corridor, in a form meeting the approval of the Planning Director and City
24 Attorney (see Noise Form #1 on file in the Planning Department).
25 32. Prior to the recordation of the first final tract map or the issuance of building permits,
26 whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight, and sound of aircraft operating from McClellan-Palomar
27 Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).28
PCRESONO. 6110 -11-
33. Prior to the recordation of the first final tract map or the issuance of building
2 permits, whichever occurs first, the Developer shall prepare and record a Notice
that this property is adjacent to a future lighted sports field in a form meeting the
3 approval of the Planning Director and the City Attorney.
4 34. A sign shall be posted on Lot 8 identifying that a sports field is proposed for
r Planning Area 12.
6 35. Fencing shall be installed between the boundary of Lot 8 and Planning Area 12,
subject to approval of the Parks and Recreation Department. Fencing shall be
shown on the grading and landscape plans as required by condition No. 59 of
Resolution 6110.o
9 36. Fire protection zones shall be located within separate HOA maintained lots. The
precise location of these lots shall be determined with the future subdivision of any
10 Planning Area that is adjacent to Open Space.
37. Prior to recordation of the final map or issuance of a grading permit, the developer
12 shall comply with the applicable provisions of the Parkland Agreement for
Robertson Ranch.
13
38. Prior to issuance of a grading permit, the Developer shall obtain written approval
14 from the USFWS and CDFG for a reduced wetland buffer width within Planning
Area 22 and on the west side of Planning Area 16.
16 39. Developer shall dedicate on the final map, an open space easement for those portions of
Lots 3, 9, and 10 and Planning Area 23F which are in slopes, wetlands, wetland
17 buffers, 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.
20 40. Removal of native vegetation and development of Open Space Lots 9 and 10 and
Planning Area 23F, 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, and landscape plan as shown
on Exhibits "A" - "KK," is specifically prohibited, except upon written order of the
23 Carlsbad Fire Department for fire prevention purposes, or upon written approval of the
Planning Director, based upon a request from the Homeowners Association accompanied
24 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
26 request shall be prepared by a qualified biologist.
27 41. Prior to approval 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 Master
Tentative Map within Open Space Lots 9 and 10. If the City of Carlsbad accepts
dedication of the trail easement, the trail shall be constructed as a public trail and will be
PCRESONO. 6110 -12-
the maintenance and liability responsibility of the City of Carlsbad. If the City of
2 Carlsbad does not accept dedication of the trail easement, the trail shall still be
constructed but it shall be constructed as a private trail for public use, and the
3 construction, maintenance, and liability shall be the responsibility of the Master
Homeowners Association.4
42. Trail node signs for DG trails shall be shown on the improvement plans, and shall
be subject to approval of the Trails Manager.
43. If the City Recreation Department is able to obtain approval for a future trailhead,
parking areas, and related trails located within PA 23E prior to completion of all
construction activities associated with the development of the Robertson Ranch East
Village, then the Developer shall be responsible for the funding and construction of
9 these regional trail features, including a parking area for no more than 10 cars and
a nature trail from the parking area to the west side of Calavera Creek. The
10 Developer shall prepare the plans and forward for review to the City Trails
Manager. The plan together with the security posted shall ensure that the
improvements are constructed, pending approval of the plan. If the approved plans
12 allow for a crossing of the creek, and the City desires to construct the creek crossing
and/or a bridge, then the City shall be responsible for financing and construction of
13 the creek crossing only.
14 44. Prior to the approval of a final map, the Developer shall pay to the City a Trail Plan
- <. Check fee and inspection fee in accordance with the current city fee schedule.
16 Engineering:
17 Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a final map, building or
grading permit, whichever occurs first.
19 General
20
45. 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.
23 46. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
24 formally established by the City.
47. Developer shall provide to the City Engineer an acceptable means, CC&Rs, and/or other
26 recorded document, for maintaining the private HOA facilities within the subdivision
including but not limited to water quality basin in Lot 7, median hardscape/
27 landscape/irrigation along "A" Street and "O" Street, parkways along public
streets, project entries, slopes, traffic circle hardscape/landscape/irrigation, and
open space lots, all located therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the properties within the subdivision.
PCRESONO. 6110 -13-
1
2 48. There shall be one Final Map recorded for this project.
3 49. Developer shall install sight distance corridors at all street intersections in accordance
with the City Landscape Manual and Engineering Standards.
4
r Fees/Agreements
6 50. 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.
7
51. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
9 drainage across the adjacent property.
10 52. Developer shall cause property owner to execute, record, and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed sight
11 distance corridors as shown on the Tentative Map over Lot 1. The deed restriction
* 2 document shall be in a form acceptable to the City Engineer and shall:
13 a. Clearly delineate the limits of the sight distance corridors on a plat to be
attached to the deed restriction;
14
. ^ b. State that the sight distance corridor is to be maintained in perpetuity by the
underlying property owner; and
16
c. State that objects along the sight distance corridor will not restrict or impede the
17 ability of motorist at the intersection to identify approaching vehicles
pursuant to CalTrans sight distance and City sight distance corridor
standards.
19 53. Developer shall cause property owner to apply for and obtain reapportionment of the
20 assessments imposed on the subject project in accordance with law governing the
associated College Boulevard and Cannon Road-East Assessment District
21 (AD 2003-01), or the assessments must be paid in full. Developer shall pay all associated
22 costs of said reapportionment. The application shall be submitted to the City Engineer
with the application for the final map.
23
54. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
24 District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, Developer shall cause Owner to execute an Agreement to annex the
subject property into City of SL&LD #2. The Agreement shall be in a form approved by
26 the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
property into SL&LD #2.
27
28
PCRESONO. 6110 -14-
Grading
2
55. Based upon a review of the proposed grading and the grading quantities shown on the
3 Tentative Map, a grading permit for this project is required. Developer shall apply for
and obtain a grading permit from the City Engineer prior to issuance of a building permit
4 for the project.
56. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
6 City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed, and must be based on
7 a contour map which represents both the pre- and post- site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
9
57. This project requires off-site grading. No grading for private improvements shall occur
10 outside the limits of this approval unless Developer obtains, records, and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
* * owners of the affected properties. If Developer is unable to obtain the grading or slope
, 2 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
13 will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and the Planning Director.
14
58. Developer agrees that additional grading permit(s) will be required with other
development proposals within this subdivision.
16
59. Developer shall prepare, process, and obtain approval for a separate grading plan
17 that provides for permanent landscaping and irrigation along the slope abutting
PA 12 and within Lot 8 (HOA lot). This Grading Plan is subject to City Engineer
and Planning Director approval. This grading plan, together with security posted,
jo shall ensure that final landscaping is performed once the grading for PA 12 is
completed to the satisfaction of the City Engineer.
20
60. Developer shall satisfy modifications to regulatory floodplains in accordance with
21 the conditions of Planning Commission Resolution No. 6112 for SUP 02-05.
22 61. Developer shall prepare a Maintenance Plan that identifies the frequency and work
23 effort(s) required to maintain the water quality basin for PA 20, subject to approval
by the City Engineer. The Maintenance Plan shall be incorporated into the CC&Rs
24 for HOA obligations and the Storm Water Management Plan (SWMP) to the
satisfaction of the City Engineer.25 ' *
26 Dedications/Improvements
27 62. Developer shall cause Owner to dedicate to the City all public streets and other easements
shown on the Tentative Map. The offer shall be made by a certificate on the final map
28 and/or separate recorded document. All land so offered shall be offered free and clear of
PCRESONO. 6110 -15-
all liens and encumbrances and without cost. Streets that are already public are not
2 required to be rededicated.
3 63. Developer shall cause Property Owner to execute an Irrevocable Offer to Dedicate
(IOD) of a public drainage easement over Lot 7 (PA 20) to the satisfaction of the
City Engineer.
64. Developer shall cause Property Owner to dedicate public pedestrian access
6 easements where meandering sidewalks extend outside of the proposed or existing
right-of-way to the satisfaction of the City Engineer.
7
65. Developer shall cause Property Owner to dedicate public trail easements where
meandering trails extend outside of the proposed or existing right-of-way to the
9 satisfaction of the City Engineer.
10 66. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
12 67. Developer shall execute and record a City standard Subdivision Improvement Agreement
13 to install and secure with appropriate security as provided by law, public improvements
shown on the Tentative Map and the following improvements including, but not limited
to paving, base, signing and striping, sidewalks, curbs, and gutters, median
improvements, grading, clearing and grubbing, undergrounding or relocation of utilities,
sewer, water, fire hydrants, street lights, retaining walls, and reclaimed water all
constructed to City Standards to the satisfaction of the City Engineer. The improvements
are:
17
a. Complete full-width roadway improvements to Cannon Road from College
Boulevard to El Camino Real and College Boulevard from Cannon Road to
19 the northern project boundary, including transitions, all constructed to major
arterial standards as shown on the Tentative Map to the satisfaction of the
20 City Engineer.
b. Construct an 84-inch RCP storm drain and appurtenances beginning near the
intersection of College Boulevard/Cannon Road and terminating at a location
~~ just east of the intersection of El Camino Real and Cannon Road as described
in the Hydrology and Hydraulic Analysis for Robertson Ranch and shown in
23 the Tentative Map. Developer shall design and construct this facility,
including all appurtenances, all to the satisfaction of the City Engineer.
24 Developer, by constructing this improvement and subject to potential finance
program modifications and funding availability, may be subject to
reimbursement from Planned Local Area Drainage (PLDA) fees and/or
AD 03-01, subject to approval by the City Engineer and the Finance Director.
c. Developer shall construct an 8-foot-wide public trail along the east side of
27 College Boulevard and the south side of Cannon Road to the satisfaction of
the Trail Manager, the Planning Director, and the City Engineer.
28 d. Developer shall construct "A" Street, "B" Street, and "O" Street, including
road public utility improvements per City Standards.
PCRESONO. 6110 -16-
e. Developer shall provide utility stub-outs for all future Planning Areas that
2 abut "A" Street, "B" Street, and "O" Street.
f. Developer shall remove and/or reconstruct all existing storm drains in
3 Cannon Road no longer required as a result of installing the 84-inch RCP, all
to the satisfaction of the City Engineer.
4 g. Developer shall remove and salvage all existing solar-powered street lights to
~ the satisfaction of the City Engineer. Developer shall install new street lights
along College Boulevard and Cannon Road per City Standards.
6 h. Developer shall modify the existing weir structure just downstream of the
11-foot x 7-foot box culvert headwall to the satisfaction of the City Engineer.
7 Reconstruction of the weir may occur only after the 84-inch RCP has been
installed to the satisfaction of the City Engineer.
i. Developer shall remove the existing sediment within the existing 8-foot x
9 8-foot culvert under El Camino Real just west of PA 12 all to the satisfaction
of the City Engineer. If circumstances prevent Developer from satisfying this
10 obligation, Developer may provide a cash-in-lieu payment to the City for the
cost of this work, subject to approval by the City Engineer.
11 j. Developer shall install a 12-inch potable water line and appurtenances in
j2 Cannon Road and El Camino Real to the satisfaction of the City Engineer.
k. Developer shall complete frontage improvements to El Camino Real on Lot 7.
13 1. Developer shall extend sewer gravity mains as necessary to serve the East
Village development as shown on the Tentative Map.
14 m. Developer shall extend a sewer under Cannon Road to serve the West Village
to the satisfaction of the City Engineer.
16 A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
17 shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
18
in 68. Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
20 shown on the Tentative Map and the following improvements including but not limited to
paving, base, signing and striping, sidewalks, curbs and gutters, median improvements,
21 grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water,
fire hydrants, street lights, retaining walls, and reclaimed water all constructed to City
Standards to the satisfaction of the City Engineer. The improvements are:
23
a. Developer shall design and install a fully actuated traffic signal, including
24 all appurtenances and traffic signal interconnect conduit and cable, at the
intersection of Cannon Road and "A" Street to the satisfaction of the City
Engineer. The traffic signal shall not be installed until such time that
2£ written approval is received from the City Engineer.
27 A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
28 shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
PCRESONO. 6110 -17-
1
2 69. Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
3 shown on the Tentative Map, and the following improvements including but not limited
to paving, base, signing and striping, sidewalks, curbs and gutters, median improvements,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water,
fire hydrants, street lights, retaining walls, and reclaimed water all constructed to City
Standards to the satisfaction of the City Engineer. The improvements are:
6
a. Developer shall design and install a fully actuated traffic signal, including all
7 appurtenances and traffic signal interconnect conduit and cable, at the
intersection of Cannon Road and "O" Street to the satisfaction of the City
Engineer. The traffic signal shall not be installed until such time that written
9 approval is received from the City Engineer.
10 A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
* * shall be constructed within 18 months of approval of the subdivision or development
, 2 improvement agreement or such other time as provided in said agreement.
13 70. Developer shall complete all East Village improvements more fully described in the
Robertson Ranch EIR and Master Plan.
14
71. Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting Cannon Road, College Boulevard, and El Camino Real.
16
72. Developer shall execute and record a Water Quality Basin Maintenance Agreement prior
17 to the approval of grading, building permit, or final map, whichever occurs first for this
project.
18
73. Developer shall underground all existing overhead utilities along the subdivision
boundary, excepting SDG&E transmission facilities.
20
74. Developer shall comply with the City's requirements of the National Pollutant Discharge
21 Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
23 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
24 limited to notifying prospective owners and tenants of the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
27 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
28 fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
PCRESONO. 6110 -18-
herbicides, insecticides, fertilizers, and other such chemical treatments shall meet
2 Federal, State, County, and City requirements as prescribed in their respective
containers.
3 c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
4
,- 75. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
6 (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
7 Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
9
a. Include all content as established by the California Regional Water Quality
10 Control Board requirements;
b. Include the receipt of "Notice of Intent" issued by the California Regional Water
1! Quality Control Board;
12 c. Recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
13 pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
14 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling cleanup and disposal of pollutants.
16
76. Prior to the issuance of grading permit or building permit, whichever occurs first,
17 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
18 Stormwater Mitigation Plan (SUSMP), Order 2001 -01 issued by the San Diego Region of
, n the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
20 storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
21
a. Identify existing and post-development on-site pollutants-of-concern;
b. Identify the hydrologic unit this project contributes to and impaired water bodies
23 that could be impacted by this project;
c. Recommend source controls and treatment controls that will be implemented with
24 this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
^ d. Establish specific procedures for handling spills and routine cleanup. Special
2^ considerations and effort shall be applied to resident education on the proper
procedures for handling cleanup and disposal of pollutants;
27 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity; and
f. Provide hydraulic/hydrologic calculations to verify that numeric sizing criteria is
28 met for filtration/treatment of the site.
PCRESONO. 6110 -19-
g. Identify how post-development runoff rates and velocities from the site will not
2 exceed the predevelopment runoff rates and velocities to the maximum extent
practicable.
3
77. Developer shall prepare, process, and receive approval of an Encroachment Permit
for the HOA to maintain private facilities within public right-of-way (medians for
<- "A" Street and "O" Street, traffic circles, enhanced paving, etc.) to the satisfaction
of the City Engineer.
6
Final Map Notes
7
78. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:8
9 a. All improvements are privately owned and are to be privately maintained with the
exception of the following:
10 1. Cannon Road
2. College Boulevard
11 3. "A" Street, "B" Street, and "O" Street
12 b. Building permits will not be issued for development of the subject property unless
13 the appropriate agency determines that sewer and water facilities are available.
c. Geotechnical Note:
1 - 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
16 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,
17 this subdivision due to its construction, operation, or maintenance.
18 d. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
19 the street level may be placed or permitted to encroach within the area identified
as sight distance corridors. Owner is responsible to maintain this condition.
20
e. Portions of this subdivision are inundated by 100-year flood limits. The Final
Map shall include a sheet to describe these limits.
22 Water
23
79. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
24 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.
80. The Developer shall design and construct public facilities within public right-of-way or
_0 within minimum 20-foot-wide easements granted to the District or the City of Carlsbad.2o
PCRESONO. 6110 -20-
At the discretion of the District Engineer, wider easements may be required for adequate
2 maintenance, access, and/or joint utility purposes.
81. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
5
82. The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
7
83. The Developer shall design landscape and irrigation plans utilizing recycled water as a
° source. Said plans shall be submitted to the satisfaction of the District Engineer.
9
84. The Developer shall install potable water and/or recycled water services and meters at
10 locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
12 85. The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
14
86. The Developer shall design and construct public water, sewer, and recycled water
15 facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.16
17 87. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
20 Fire;
21 88. A minimum clearance of 13 feet 6 inches shall be provided between the lowest
branches of any tree canopy and the adjacent paved driveway in order to provide
adequate clearance for emergency vehicles.
23 Code Reminders:
24
The project is subject to all applicable provisions of local ordinances, including but not limited to
25 the following:
89. The tentative map shall expire twenty-four (24) months from the date this tentative map
27 approval becomes final.
28 90. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
PCRESONO. 6110 -21-
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
2 of the City Engineer.
3 91. Some improvements shown on the tentative parcel 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.
6 92. The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
7 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.
9 93. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
10 the Tentative Map are for planning purposes only. 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.
12 94. Developer shall dedicate park land to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code pursuant to the "Parkland
Agreement for Robertson Ranch."
14 95. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
15
96. Approval of this request shall not excuse compliance with all applicable sections of the
16 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
97. Any signs proposed for this development shall at a minimum be designed in conformance
18 with the City's Sign Ordinance and Robertson Ranch Master Plan and shall require
review and approval of the Planning Director prior to installation of such signs.
20
21
22
23
24
25
26
27
28
PCRESONO. 6110 -22-
1 NOTICE
2
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
A "fees/exactions."
5 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
g annul their imposition.
9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of September, 2006, by
15 the following vote, to wit:
16
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
1' Dominguez, Heineman, Segall, and Whitton
1 O
NOES:
19
ABSENT:
20
ABSTAIN;21
22
23
MARTELL B. MONfGOMER^Chairperson
24 CARLSBAD PLANNING COMMISSION
25 ATTEST:
^bfa\ s IMA
26
27 ii
DONNEU28Assistant Planning Director
PCRESONO. 6110 -23-