HomeMy WebLinkAbout2012-10-17; Planning Commission; Resolution 6913
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD VESTING TENTATIVE TRACT MAP CT 11-01,
HILLSIDE DEVELOPMENT PERMIT HDP 11-01, AND
SPECIAL USE PERMIT SUP 11-02 TO SUBDIVIDE 201.37
ACRES INTO 13 LOTS, MASS GRADE AND PROVIDE
BACKBONE INFRASTRUCTURAL IMPROVEMENTS ON
PROPERTY GENERALLY LOCATED NORTH OF EL
CAMINO REAL, SOUTH OF TAMARACK AVENUE, AND
NORTHWEST OF CANNON ROAD, IN LOCAL FACILITIES
MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH WEST VILLAGE
CASE NO.: CT 11-01/HDP 11-01/SUP 11-02
WHEREAS, Rancho Costera, LLC, “Developer and Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
All that portion of Lots “E” and “I” of Rancho Agua
Hedionda, in the City of Carlsbad, County of San Diego, State
of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of said San Diego County,
November 16, 1896;
Except therefrom that portion thereof described in Deed to the
City of Carlsbad recorded August 14, 2008 as File No. 2008-
0435947; or
Also except therefrom that portion thereof described in Deed
to the City of Carlsbad recorded May 11, 2009 as File No.
2009-0247694
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map, Hillside Development Permit, Special Use Permit, and Habitat Management Permit as
shown on Exhibits “A”-“U” dated October 17, 2012, on file in the Planning Division
ROBERTSON RANCH WEST VILLAGE – CT 11-01/HDP 11-01/SUP 11-02, as provided
by Chapters 20.12, 21.95, 21.06, and 21.210 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 17, 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 6913
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map, Hillside Development Permit, and Special Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES ROBERTSON RANCH WEST VILLAGE – CT 11-01/HDP 11-
01/SUP 11-02, based on the following findings and subject to the following
findings:
Findings:
Tract Map (CT 11-01)
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that all
master tentative map lots meet the lot size requirements, provide the required public
vehicular access, and will be suitable for future residential, commercial,
recreational, and community facilities development.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential, commercial, and recreational
development on the General Plan, in that the future development of the Robertson
Ranch West Village will include single-family and multi-family residential development as well as commercial development and preserved open space for both
passive and active recreation.
3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project is the creation of large lots that do not include the
development of residential units but will be further subdivided consistent with the
intent and standards developed by the Robertson Ranch Master Plan at a future
time.
4. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that all easements have been identified and none are affected by the proposed
subdivision and that the subdivision of the property includes the creation and
dedication of public streets necessary for the access to each newly created lot.
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5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that those areas within the subdivision boundaries that include sensitive
habitat are proposed to be preserved. Through preservation there is no potential
for damage or injury to wildlife or its habitat.
7. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the City’s Stormwater regulations. It has been
conditioned to implement Best Management Practices for water quality protection
and to comply with the City of Carlsbad’s Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the California Regional Water
Quality Control Board for the San Diego Region, and with the City of Carlsbad’s
Municipal Code.
8. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Robertson Ranch
Master Plan (MP 02-03) based on the facts set forth in the staff report dated October 17,
2012 including, but not limited to the following:
a. Land Use – The project follows the underlying principal of the General Plan
Land Use Element that the Robertson Ranch will be developed as a balanced
community with a range and variety of land uses including residential, recreational, preserved open space, community facilities, and commercial retail.
b. Housing – The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance in that the subdivision
implements the Robertson Ranch Master Plan which provides the development standards and framework for the orderly development and distribution of
housing types across the range of single family detached, single family attached,
ownership and rental, market rate and subsidized housing for lower income
households and that the project is conditioned to enter into an affordable
housing agreement prior to the recordation of the final map stipulating that 101
residential units will be made available to lower income households and 56 residential units will be made available to moderate income households.
c. Noise - The project will not result in exposure of persons to or generation of
noise levels in excess of standards established in the General Plan or the City of Carlsbad Noise Guidelines Manual in that residential uses are located a distance
greater than 500 feet from a General Plan Circulation Element roadway (i.e., El
Camino Real) and is outside of the 60 dB(A) CNEL noise contour as indicated in
the City of Carlsbad’s General Plan Noise Element and Noise Guidelines
Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2010).
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d. Public Safety – The project includes or has been conditioned to provide facilities
to ensure that the development proposal complies with the required Fire
Suppression Zones, emergency access, fire hydrant locations, and fire flow requirements.
e. Circulation – The project provides adequate circulation infrastructure to serve
the projected population; and provide a circulation system that promotes safety
and livability of residential neighborhoods while maintaining adequate emergency access in that, primary local access to the site will be provided via
Street “Z” off of El Camino Real and secondary ingress and egress to the north
via gated private streets off of Glasgow Drive and Edinburgh Drive. The
circulation system has been designed in conformance with Engineering and Fire
Department design standards to ensure safety and livability of the residential
neighborhoods, while maintaining adequate access for emergency service providers and prompt evacuation capabilities for residents. All roadways
(including curb, gutter, sidewalks, and decomposed granite trail) needed to serve
the development will be dedicated and constructed prior to, or concurrent with,
site development. The proposed circulation system is designed to provide access
to each of the proposed lots and dwelling units and complies with all applicable
City design standards.
f. Open Space & Conservation – The project preserves, protects and enhances those
areas of the site that provide unique and special open space functions, including,
but not limited to, active and passive recreational uses, buffers between
incompatible land uses, wildlife habitats, and unique and desirable vegetation, in that approximately 88.3 acres, or approximately 40% of the total West Village
area, is being set aside in open space. For purposes of habitat protection, the
project is preserving sensitive habitat within open space conservation Planning
Areas 1, 23A, 23B, and 23C.
9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 14 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically:
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
10. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
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Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
11. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 14.
12. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that all
necessary supporting infrastructure is required as a condition of approval.
Hillside Development (HDP 11-01)
13. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
14. That undevelopable areas of the project, i.e., slopes over 40% that have all of the
following criteria 1) an elevation differential of greater than 15 feet, 2) a minimum
area of 10,000 square feet, and 3) comprise of a prominent land form feature, have
been properly identified on the constraints map.
15. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly
identified and are incorporated in the design; the project is designed to relate to the
slope of the land; highly visible slopes will be contour graded; the alteration of the
natural hillsides will be done in an environmentally sensitive manner to preserve wildlife habitats; and the project will implement NPDES measures to reduce runoff
and avoid erosion.
16. That the proposed development or grading will not occur in the undevelopable portions of
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in
that no grading will occur in areas with slopes over 40%, with the exception of areas
that are exempt from the hillside regulations because they were previously graded,
because grading is required for a Circulation Element roadway (El Camino Real),
or because the slopes have less than 15 feet in elevation difference and an area of
less than 10,000 square feet.
17. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the project earthwork quantities
total 9,152 cubic yards per graded acre. Quantities that are less than 10,000 but
greater than 8,000 cubic yards per acre are considered potentially acceptable
pursuant to the Carlsbad Hillside Ordinance Sect. 21.95.120, and must be acceptably justified subject to the approval of the City Planner and City Engineer.
Justification for the proposed level of grading quantities stems from the
predominantly single family residential nature of the future development of the
master plan. The map calls for the creation of larger sloping pads which requires
slightly more cut and fill per acre. The larger pads will accommodate the
development of single family lots along cul-de-sac streets. The large pad approach
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to development of the West Village is the same design plan used for the East Village.
This will create a homogeneous neighborhood development pattern. The large cul-
de-sac pads terrace in the same manner as the natural slope. The amount of slope in
between cul-de-sac pads is limited by the internal street system which is limited to less than 6.5% slope grade. The elevation differences between the highest point of
the subdivision and the lowest point is approximately 46 feet (184 – 138 above mean
sea level) Greater grading quantities are required to reduce the grade differences
between lots which in turn reduce the road grades throughout the subdivision; and,
all manufactured slopes will be landscaped in accordance with the City’s Landscape
Guidelines Manual.
18. That the project design and lot configuration minimizes disturbance of hillside lands, in
that the significant slope and sensitive habitat areas are being preserved in open
space.
Special Use Permit: El Camino Real Corridor (SUP 11-02)
19. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
the proposed project complies with the provisions of the El Camino Real Corridor
Development Standards as discussed in the staff report by supporting the design
theme; providing future development with adequate setbacks from El Camino Real;
providing future development with a low profile building mass to preclude a “tunnel
effect” of buildings along the roadway; screening the roof equipment of future
development, preserving scenic views; and maintaining traffic safety along El
Camino Real. In that as designed the project will enhance the appearance of the El Camino Real (ECR) roadway and contribute to the desired easily-identifiable
homogeneous single design concept for ECR through extensive building setbacks,
landscape corridors adjacent to the ECR right-of-way, and alteration to topography
limited to the parameters and levels of acceptability according to the ECR Corridor
Development Standards.
20. The proposed project implements the goals and objectives of the General Plan in that the
project improvements are located within the Robertson Ranch West Village. The
General Plan and the Robertson Ranch Master Plan recognize the need for
development along the El Camino Real corridor for a variety of land uses. The
Robertson Ranch Master Plan was found to comply with all applicable General Plan Goals, Objectives, and Policies, including Land Use. The project is consistent with
the Master Plan and, therefore, is also in compliance with the General Plan.
California Environmental Quality Act
21. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the ROBERTSON RANCH WEST
VILLAGE Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, the environmental impacts therein identified for this project and any
comments thereon prior to APPROVAL of the project; and
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b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program has 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 and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment.
General
22. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
23. That the City has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project. The applicant shall prepare and submit a trail plan for
approval by the Park and Recreation Director prior to construction. Construction shall be
inspected to ensure conformity with the Standards for Design and Construction of Public
Works Improvements in the City of Carlsbad (“Standards”); Trail Construction
Standards; and the approved plans.
24. 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 a
grading permit or recordation of a final map whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Tentative Tract Map, Hillside
Development Permit, and Special Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map, Hillside Development Permit, and
Special Use Permit documents, as necessary to make them internally consistent and in
conformity with the final action on the project. Development shall occur substantially as
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shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map,
Hillside Development Permit, and Special Use Permit, (b) City’s approval or issuance
of any permit or action, whether discretionary or nondiscretionary, in connection with the
use contemplated herein, and (c) Developer/Operator’s installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from
the emission by the facility of electromagnetic fields or other energy waves or emissions.
This obligation survives until all legal proceedings have been concluded and continues
even if the City’s approval is not validated.
6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
Tentative Map reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 14 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
10. This approval is granted subject to the approval of the Robertson Ranch West Village
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 11-01, MP 03-02(C), and HMP 11-03 and is subject to all conditions contained in
Planning Commission Resolutions No. 6912 and 6914 for those other approvals
incorporated herein by reference.
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11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
12. Prior to the issuance of the grading permit or recordation of the final map, whichever
occurs first, Developer shall submit to the City a Notice of Restriction executed by the
owner of the real property to be developed. Said notice is to be filed in the office of the
County Recorder, subject to the satisfaction of the City Planner, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map, Hillside Development Permit, and Special Use Permit by Resolution No. 6913
on the property. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The City
Planner has the authority to execute and record an amendment to the notice which
modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
13. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
15. Prior to removal or damage of any active nests or any tree pruning or removal operations
during the prime nesting season, that being from March 15 to May 30, a certified
biologist shall survey the trees to determine if there are any active nests within 500 feet of
the area of tree removal or pruning. If any active nests are located within 500 feet, no tree
pruning or removal operations can occur until the nests are vacated or until the end of the
prime breeding season, whichever occurs later.
16. Prior to any tree removal or pruning operations proposed outside of the prime nesting
season but within the period of February 15 to August 31, a confirmation is required from
a certified biologist that no disturbance to active nests or nesting activities would occur.
Documentation from the certified biologist consistent with these requirements shall be
submitted to the City Planner for review and approval. A note to this effect shall be
placed on the construction or grading plans.
. . .
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17. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the City Planner prior to final map approval. Prior to issuance of a building permit,
the Developer shall provide the Planning Division with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the City Planner.
At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
land and shall be a continuing lien upon each Lot against which the special
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assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit .
f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit .
18. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the City
Planner. Said facilities, if required, shall be free from advertising and shall at a minimum
include a bench and a pole for the bus stop sign. The facilities shall be designed to
enhance or be consistent with basic architectural theme of the project.
19. Prior to approval of the final map, the Developer shall: 1) consult with the United States
Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and 2) obtain
any permits required by the USFWS.
20. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
21. Developer shall submit a street name list consistent with the City’s street name policy
subject to the City Planner’s approval prior to final map approval.
22. Prior to the issuance of any permits for the project, the applicant shall submit to the City
Planner a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-
File Format registered to CCS zone 6 NAD 83. The City Planner has the discretion to
waive this condition based on factors such as the scope of the study and the format in
which the exhibits were prepared.
23. If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the City
Planner and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
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24. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide and
deed restrict 101 dwelling units as affordable to lower-income households and 56
dwelling units as affordable to moderate income households for 55 years, in
accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City
Planner no later than 60 days prior to the request to final the map. The recorded
Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
25. Developer shall dedicate, on the final map, an open space easement for those portions of
lots 2, 10, and 12 which are (in slopes, wetlands, coastal sage scrub, or other constrained
land plus all other lands set aside as part of the Citywide Open Space System) to prohibit
any encroachment or development, including but not limited to fences, walls, decks,
storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibits “A”-“Z”.
26. Removal of native vegetation and development of Open Space Lot(s) 2, 10, and 12,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways,
and landscaping, other than that approved as part of (the grading plan, improvement
plans, biological revegetation program, landscape plan, etc.) as shown on Exhibits “A”-
“Z”, is specifically prohibited, except upon written order of the Carlsbad Fire Department
for fire prevention purposes, or upon written approval of the City Planner, based upon a
request from the Homeowners Association accompanied by a report from a qualified
arborist/botanist indicating the need to remove specified trees and/or plants because of
disease or impending danger to adjacent habitable dwelling units. For areas containing
native vegetation, the report required to accompany the request shall be prepared by a
qualified biologist.
27. 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 Tentative
Map within Open Space Lot(s) 2, 10, and 12. If the City of Carlsbad accepts dedication
of the trail easement, the trail shall be constructed by the applicant at its expense as a
public trail and will be maintained by of the City of Carlsbad. If the City of Carlsbad
does not accept dedication of the trail easement, the trail shall still be constructed by the
applicant but it shall be constructed as a private trail and shall be the maintenance
responsibility of the applicant or its successor in interest (i.e. Master Homeowners
Association).
28. A wildlife crossing warning sign shall be installed on the street intersecting the
habitat areas between PA 1 and PA 23A, PA 5 and PA 23B, and PA 23B and PA
23C in a size and design satisfactory to the city engineer.
Engineering:
29. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from the city engineer
for the proposed haul route.
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30. This approval is granted subject to the approval of CDP 11-10, HMP 11-04, HDP 11-02
and SUP 11-03 and is subject to all conditions for those other approvals.
31. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
32. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of private
improvements within this subdivision, including but not limited to private bioretention
basins and storm drain facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within this
subdivision.
33. This project is a Vesting Master Tentative Map. Developer shall prepare, submit and
process for city engineer approval a final map to subdivide this project. There shall be
one Final Map recorded for this project. Future discretionary permits are required to
further develop lots within this Tentative Map boundary.
34. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
35. Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall
submit to the city engineer written approval from North County Transit District (NCTD)
demonstrating mass-transit improvement requirements for this project have been
satisfied.
Fees/Agreements
36. 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.
37. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
38. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
39. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, developer shall cause owner to execute an Agreement to annex the
subject property into SL&LD #2. The Agreement shall be in a form approved by the
assistant city finance director. Developer shall pay all fees necessary to annex the
property into SL&LD #2.
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40. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Street Tree Maintenance Agreement.
Grading
41. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall prepare and
submit plans and technical studies/reports for city engineer review, post security and pay
all applicable grading plan review and permit fees per the city’s latest fee schedule.
42. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading
within this Tentative Map boundary all subject to city engineer approval.
43. This project requires off site grading. No grading for private improvements shall occur
outside the project unless developer obtains, records, and submits a recorded copy, to the
city engineer, a temporary grading, construction or slope easement or agreement from the
owners of the affected properties. If developer is unable to obtain the temporary grading
or slope easement, or agreement, no grading permit will be issued. In that case developer
must either apply for and obtain an amendment of this approval or modify the plans so
grading will not occur outside the project and apply for and obtain a finding of substantial
conformance and/or consistency determination from both the city engineer and city
planner.
44. 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.
45. 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.
46. 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.
47. This project is subject to ‘Priority Development Project’ requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
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requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the
SUSMP, the developer shall use low impact development (site design) approaches to
ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
plan review and inspection fees per the city’s latest fee schedule.
48. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
treatment control BMP, hydromodification measures, and Low Impact Design (LID)
facilities.
49. Developer shall submit documentation, subject to city engineer approval, demonstrating
how this project complies with Hydromodification requirements per the city’s SUSMP,
latest version. Documentation shall be included within the Storm Water Management
Plan (SWMP).
Dedications/Improvements
50. Developer shall install a barricade at the end of Street ‘E’ and Street ‘J’. A sign shall be
placed on said barricade informing the public that the dead end is temporary.
Specifications for said barricade and sign are subject to the city engineer’s approval.
51. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city for
Street ‘Y’ (Tamarack Connection) as an easement for public street & public utility
purposes as shown on the Tentative Map. The offer shall be made by a certificate on the
final map or by separate instrument to the satisfaction of the city engineer. All land so
offered shall be free and clear of all liens and encumbrances and without cost to the city.
Additional easements may be required at final design to the satisfaction of the city
engineer.
52. Developer shall cause owner to dedicate to the city the easements for El Camino Real,
Glasgow Drive, Edinburgh Drive, Street ‘I’, Street ‘J’, and Street ‘Z’ for public
street & public utility purposes as shown on the Tentative Map. The offer shall be made
by a certificate on the final map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required
to be rededicated. Additional easements may be required at final design to the satisfaction
of the city engineer.
53. Unless otherwise approved by the city engineer, developer shall obtain easements
for construction and temporary slope purposes as necessary to construct the improvements shown on this Tentative Map and those improvements shown on the
exhibits for CDP 11-10.
54. Developer shall cause owner to dedicate to the city the easements for public sewer,
drainage, and trail purposes as shown on the Tentative Map. The offer shall be made by
a certificate on the final map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required
to be rededicated. Additional easements may be required at final design to the satisfaction
of the city engineer.
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55. Developer shall design the private drainage systems, as shown on the Tentative Map to
public standards to the satisfaction of the city engineer. All private drainage systems
(12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay
the standard improvement plan check and inspection fees for private drainage systems.
56. Developer shall design and construct a second (dual) left turn lane on northbound
El Camino Real to westbound Tamarack Avenue and upgrade the existing traffic
signal as listed in the city’s Capital Improvement Program. Developer may be eligible for reimbursement for construction of these improvements based on
available funds from the city’s capital improvement program. Prior to final map
approval, developer shall enter into a reimbursement agreement to the satisfaction
of the Transportation Director, Finance Director and City Attorney.
57. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement
to install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the Tentative Map. Said improvements shall be installed to city
standards to the satisfaction of the city engineer. These improvements include, but are
not limited to:
a. Construct remaining full-width grading, surface and utility improvements on El
Camino Real, to prime arterial standards, along the entire project frontage,
from Tamarack Avenue to Cannon Road including necessary transitions in both
lane directions. All road intersections from Cannon Road to Tamarack Avenue
shall be constructed to ultimate (build-out) condition. Obtain full-width right-
of-way dedication and provide: three thru-lanes (each direction), potable water, recycled water, sanitary sewer, storm drainage, undergrounding of overhead
utilities, grading, paving, sidewalk, curb & gutter, street lights, parkway
landscaping, striping, signage, median curbs, median hardscape, and median
landscape/irrigation as shown on exhibits for CDP 11-10 all to the satisfaction of
the city engineer.
b. Re-stripe northbound El Camino Real just south of the intersection of Cannon
Road to allow for a shared thru/right-turn lane to the satisfaction of the city
engineer.
c. Construct right-turn only lane on northbound El Camino Real at Tamarack
Avenue. Re-stripe northbound El Camino Real north of Tamarack Avenue to allow for a transition from three lanes to two lanes to the satisfaction of the City
Engineer.
d. Coordinate improvements as necessary to transition/match with city widening
project for El Camino Real north of Tamarack Avenue.
e. On southbound El Camino Real at Cannon Road, construct a second southbound left turn lane to eastbound Cannon Road, subject to city engineer
approval.
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f. On southbound El Camino Real, construct a shared thru/right-turn lane at
Tamarack Avenue, which may be accomplished through widening or re-striping,
subject to approval by the city engineer.
g. Extend the sewer in El Camino Real to serve this project as shown on the
Tentative Map.
h. Remove the existing sewer lift station at the northeast corner of El Camino Real
and Tamarack Ave subject to approval by the city engineer.
i. Construct public road and public utility improvements as necessary to extend Glasgow and Edinburgh Drive as shown on the Tentative Map.
j. Construct public road and utility improvements for Street ‘E’, Street ‘J’, and
Street ‘Z’ as shown on the Tentative Map.
k. Construct all onsite drainage infrastructures necessary to collect, convey and discharge storm water on or through the project as shown on the Tentative Map.
Unless otherwise approved, Developer shall construct Facility BFB, BF1, and
BFA pursuant to Local Facilities Management Plan Zone 14 to the satisfaction of
the city engineer.
l. Construct an 8” and 12” recycled waterline along the frontage of El Camino Real as shown on the Tentative Map to the satisfaction of the District Engineer.
Developer will be eligible for reimbursement for the upsizing of facilities. Prior
to final map approval Developer shall enter into a reimbursement agreement to
the satisfaction of the Utilities Director, Finance Director, and City Attorney.
m. Abandon the existing 14” potable waterline traversing the project and replace it with a 16” potable waterline as shown on the Tentative Map to the satisfaction
of the District Engineer. Developer will be eligible for reimbursement for the
upsizing of facilities. Prior to final map approval Developer shall enter into a
reimbursement agreement to the satisfaction of the Utilities Director, Finance
Director, and City Attorney.
58. 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.
59. El Camino Real improvements may be constructed in two (2) phases as shown on the Tentative Map and Master Plan. The 1st phase of El Camino Real shall be
constructed concurrently with the development of PA 4, PA 7, PA 8 and PA 11 and
the 2nd phase of El Camino Real improvements shall be constructed concurrently
with the development of PA 3, PA 5, PA 6, or PA 9/10, all subject to approval by the
city engineer, fire marshal and city planner.
. . .
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60. Developer shall prepare and process improvement plans and, prior to approval, shall
execute a city standard Subdivision Improvement Agreement to install and shall post
security in accordance with C.M.C. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. More specifically, these signal improvements
include but are not limited to re-constructing the existing traffic signal at the intersection
of El Camino Real and Cannon Road, including all appurtenances and traffic signal
interconnect conduit and cable, to accommodate the ultimate improvements to El
Camino Real proposed by this project. Developer shall install the traffic signal only
with written authorization from the city engineer. Developer shall pay the standard
improvement plan check and inspection fees. Improvements listed above shall be
constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
61. Developer shall prepare and process improvement plans and, prior to approval, shall
execute a city standard Subdivision Improvement Agreement to install and shall post
security in accordance with C.M.C. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. More specifically, these signal improvements
include but are not limited to constructing a new fully actuated traffic signal including all
appurtenances and traffic signal interconnect conduit and cable, at the intersection of El
Camino Real and Lisa Street/’Z’ Street. Developer shall install the traffic signal only
with written authorization from the city engineer. Developer shall pay the standard
improvement plan check and inspection fees. Improvements listed above shall be
constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
62. Developer shall prepare and process improvement plans and, prior to approval, shall
execute a city standard Subdivision Improvement Agreement to install and shall post
security in accordance with C.M.C. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. More specifically, these signal improvements
include but are not limited to re-constructing the existing traffic signal at the intersection
of El Camino Real and Kelly Drive, including all appurtenances and traffic signal
interconnect conduit and cable, to accommodate the ultimate improvements to El
Camino Real proposed by this project. Developer shall install the traffic signal only
with written authorization from the city engineer. Developer shall pay the standard
improvement plan check and inspection fees. Improvements listed above shall be
constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
63. Developer shall prepare and process improvement plans and, prior to approval, shall
execute a city standard Subdivision Improvement Agreement to install and shall post
security in accordance with C.M.C. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. More specifically, these signal improvements
include but are not limited to re-constructing the existing traffic signal at the intersection
of El Camino Real and Tamarack Avenue, including all appurtenances and traffic
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signal interconnect conduit and cable, to accommodate the ultimate improvements to
El Camino Real proposed by this project. Developer shall install the traffic signal only
with written authorization from the city engineer. Developer shall pay the standard
improvement plan check and inspection fees. Improvements listed above shall be
constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
64. Developer shall cause owner to waive direct access rights on the final map for all lots
abutting El Camino Real, excepting the access points shown on this Tentative Map.
65. Developer shall underground all existing overhead utilities along/within the subdivision
boundary.
66. Developer shall provide all-weather maintenance access roads to the public drainage
facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city
engineer. Where maintenance access roads are not practical and/or permitted, developer
shall incorporate low-maintenance design features to the satisfaction of the city engineer.
Non-Mapping Notes
67. Add the following notes to the final map as non-mapping data:
a. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the Tentative Map. These improvements include, but are not
limited to:
1. Construct remaining full-width grading, surface and utility improvements on
El Camino Real, to prime arterial standards, along the entire project
frontage, from Tamarack Avenue to Cannon Road including necessary
transitions in both lane directions. All road intersections from Cannon Road
to Tamarack Avenue shall be constructed to ultimate (build-out) condition.
Obtain full-width right-of-way dedication and provide: three thru-lanes
(each direction), potable water, recycled water, sanitary sewer, storm drainage, undergrounding of overhead utilities, grading, paving, sidewalk,
curb & gutter, street lights, parkway landscaping, striping, signage, median
curbs, median hardscape, and median landscape/irrigation as shown on
exhibits for CDP 11-10 all to the satisfaction of the city engineer.
2. Re-stripe northbound El Camino Real just south of the intersection of
Cannon Road to allow for a shared thru/right-turn lane to the satisfaction of the city engineer.
3. Construct right-turn only lane on northbound El Camino Real at Tamarack
Avenue. Re-stripe northbound El Camino Real north of Tamarack Avenue
to allow for a transition from three lanes to two lanes to the satisfaction of
the City Engineer. Coordinate improvements as necessary to
transition/match with city widening project for El Camino Real north of Tamarack Avenue.
4. On southbound El Camino Real at Cannon Road, construct a second
southbound left turn lane to eastbound Cannon Road, subject to city
engineer approval.
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5. On southbound El Camino Real, construct a shared thru/right-turn lane at
Tamarack Avenue, which may be accomplished through widening or re-
striping, subject to approval by the city engineer.
6. Extend the sewer in El Camino Real to serve this project as shown on the Tentative Map.
7. Remove the existing sewer lift station at the northeast corner of El Camino
Real and Tamarack Ave subject to approval by the city engineer.
8. Construct public road and public utility improvements as necessary to
extend Glasgow and Edinburgh Drive as shown on the Tentative Map.
9. Construct public road and utility improvements for Street ‘E’, Street ‘J’, and
Street ‘Z’ as shown on the Tentative Map.
10. Construct all onsite drainage infrastructures necessary to collect, convey and
discharge storm water on or through the project as shown on the Tentative
Map. Unless otherwise approved, Developer shall construct Facility BFB,
BF1, and BFA pursuant to Local Facilities Management Plan Zone 14 to the
satisfaction of the city engineer.
11. Construct an 8” and 12” recycled waterline along the frontage of El Camino Real as shown on the Tentative Map to the satisfaction of the District
Engineer.
12. Abandon the existing 14” potable waterline traversing the project and
replace it with a 16” potable waterline as shown on the Tentative Map to the
satisfaction of the District Engineer.
b. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public signal
improvements shown on the Tentative Map. These signal improvements include but
are not limited to re-constructing the existing traffic signal at the intersection of El
Camino Real and Cannon Road, including all appurtenances and traffic signal
interconnect conduit and cable, to accommodate the ultimate improvements to El
Camino Real proposed by this project.
c. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public signal
improvements shown on the Tentative Map. These signal improvements include but
are not limited to provide a fully actuated signal including all appurtenances and
traffic signal interconnect conduit and cable, at the intersection of El Camino Real
and Lisa Street/’Z’ Street.
d. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public signal
improvements shown on the Tentative Map. These signal improvements include but
are not limited to re-constructing the existing traffic signal at the intersection of El
Camino Real and Kelly Drive, including all appurtenances and traffic signal
interconnect conduit and cable, to accommodate the ultimate improvements to El
Camino Real proposed by this project.
e. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public signal
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improvements shown on the Tentative Map. These signal improvements include but
are not limited to re-constructing the existing traffic signal at the intersection of El
Camino Real and Tamarack Avenue, including all appurtenances and traffic signal
interconnect conduit and cable, to accommodate the ultimate improvements to El
Camino Real proposed by this project.
f. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
g. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
h. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
i. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the city approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
Utilities
68. Developer shall abandon the existing 14” potable waterline that traverses this
project and replace it with a 16” potable waterline in the preliminary alignment as
shown on the Tentative Map, including all appurtenances per District standards.
The Developer, by constructing ‘upsized’ waterline improvements, may be eligible
for reimbursement by the water collection fee program. Prior to final map
approval, developer shall enter into a reimbursement agreement to the satisfaction of the District Engineer, Finance Director and City Attorney.
69. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
70. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
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71. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
72. The developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the district engineer.
73. Developer shall install potable water and/or recycled water services and meters at
locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.
74. The developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the district
engineer and city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
75. This tentative map shall expire two years from the date on which the City Council voted
to approve this application.
76. Park in-lieu fees for this project have been satisfied per the approved Parkland
Agreement for Robertson Ranch on file with the city clerk.
77. 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.
78. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map
are for planning purposes only.
79. This project is a Vesting Tentative Map per Carlsbad Municipal Code Section 20.17.
80. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
. . .
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Goverrnnent Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on October 17, 2012, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Schumacher, Commissioners Black, L'Heureux,
Nygaard, and Siekmann
Commissioner Arnold
Commissioner Scully
~~0~
MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: ~It
DONNEU
City Planner
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