HomeMy WebLinkAbout2013-03-06; Planning Commission; Resolution 6938
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD VESTING TENTATIVE TRACT MAP CT 11-04,
HILLSIDE DEVELOPMENT PERMIT HDP 11-04 AND
SPECIAL USE PERMIT SUP 11-04 TO SUBDIVIDE 156
ACRES INTO 13 LOTS, MASS GRADE AND PROVIDE
BACKBONE INFRASTRUCTURAL IMPROVEMENTS ON
PROPERTY GENERALLY LOCATED SOUTH OF HAYMAR
DRIVE AND WEST OF COLLEGE BOULEVARD IN THE
NORTHEAST QUADRANT OF THE CITY IN LOCAL
FACILITIES MANAGEMENT ZONE 25.
CASE NAME: QUARRY CREEK MASTER PLAN
CASE NO.: CT 11-04/HDP 11-04/SUP 11-04
WHEREAS, Quarry Creek Investors, LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Hanson Aggregate Pacific
Southwest, Inc., “Owner,” described as
That portion 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 and also described as Assessor’s Parcel Number 167-040-11-00; and
That portion of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
to patent map thereof, recorded in Book 1, Page 150 of patents,
filed in the Office of the County Recorder of said San Diego County, and also described as Assessor’s Parcel Number 167-
040-21-00
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Vesting Tentative
Tract Map, Special Use Permit, and Hillside Development Permit, as shown on Exhibits “A”-
“FF” dated February 6, 2013, on file in the Planning Division QUARRY CREEK MASTER
PLAN – CT 11-04/ HDP 11-04/SUP 11-04, as provided by Chapters 20.12, 21.95 and 21.110
of the Carlsbad Municipal Code; and
PLANNING COMMISSION RESOLUTION NO. 6938
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WHEREAS, the Planning Commission did, on February 6, 2013, February 20,
2013, and March 6, 2013, hold duly noticed public hearings as prescribed by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map, Special Use Permit, and Hillside Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES QUARRY CREEK MASTER PLAN – CT 11-04/HDP 11-04/SUP 11-04, based on the following findings and subject to the following
conditions:
Findings:
Tract Map (CT 11-04)
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, 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 open space
development on the General Plan, in that the future development of the Quarry Creek
Master Plan will include multi-family residential development as well as community facilities uses and open space for both passive and active recreation and
preservation.
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 Quarry Creek Master Plan at a future time.
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4. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that all easements have been identified and none are affected by the proposed
subdivision and that the subdivision of the property includes the creation and
dedication of public streets necessary for the access to each newly created lot.
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is included in the Habitat Management Plan and the project
will implement the required mitigation measures applicable to this site as identified in the Quarry Creek Master Plan EIR.
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 Quarry Creek Master
Plan (MP 11-04) based on the facts set forth in the staff report dated February 6, 2013
including, but not limited to the following:
a. Land Use – The project follows the underlying principle of the General Plan
Land Use Element that the Quarry Creek Master Plan will be developed as a
balanced community with a range and variety of land uses including residential,
recreational, preserved open space, and community facilities. Commercial land
uses are existing adjacent to the Master Plan and will serve the commercial
needs of the community.
b. Housing – The project is consistent with of the Housing Element of the General
Plan and the Inclusionary Housing Ordinance in that the Quarry Creek Master
Plan implements Housing Policy 2.1 by provided for 300 dwelling units at a
minimum density of 20 units per acre and 200 dwelling units at minimum 12
units per acre. The Quarry Creek Master Plan provides the development
standards and framework for the orderly development and distribution of
housing types and areas designated as RMH and RH will accommodate higher density affordable housing and the project will provide for income and rent
restricted housing affordable to a minimum of sixty five (65) low income
households (at 80% or less of the San Diego County Area Median) to satisfy the
Housing Element requirements for the City of Carlsbad and that the residential
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segments of the Master Plan will include a variety of housing types that range
from lower-income, rent or price restricted housing to housing ownership
opportunities in the form of more affordable townhomes and condominiums,
and that the excess dwelling units (approximately 363 total) approved by the City to be used for development within this Master Plan will serve a key public
purpose by assisting in the development of diverse affordable housing product,
including income and price or rent restricted affordable housing units, and will
also enhance the jobs/housing balance for the community.
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 the future ground noise levels were found to be at or below 60 dB(A) CNEL. The project will implement the
required mitigation measures applicable to this site for additional noise studies
concurrent with development as identified in the Quarry Creek Master Plan
EIR.
d. Public Safety – The project includes or has been conditioned to provide facilities
as identified in the LFMP Zone 25 Facilities Plan 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 Marron Road off of College Boulevard and secondary ingress and egress to the
north via Haymar 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. The
project will implement the required traffic mitigation measures applicable to
this site as identified in the Quarry Creek Master Plan EIR.
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, wildlife habitats and
corridors, and desirable vegetation in that approximately 87.9 acres, or
approximately 56% of the total Quarry Creek Master Plan 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 OS-1, OS-2,
and OS-3 consistent with the Habitat Management Plan. The wildlife agencies
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concur with the findings of the equivalency determination and that the project
complies with the City’s HMP.
9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 25 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically:
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
10. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
11. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 25.
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 11-04)
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 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; grading quantities are with an acceptable range; 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.
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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 unusual conditions that require corrective work, 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 7,918 cubic yards per graded acre. Quantities that are less than 8,000 cubic
yards per acre are considered acceptable pursuant to the Carlsbad Hillside
Ordinance Sect. 21.95.120 and the grading quantities are balanced, slope heights
will be kept to 40 feet or less except for corrective grading in Planning Area R-1, 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 major site slopes have been previously disturbed by a mining operation and
mine reclamation. Some of the projects north slopes require further grading and
will be landscaped in accordance with the City’s Landscape Guidelines Manual and
slopes adjacent to sensitive habitat areas are being preserved in open space.
Special Use Permit: Floodplain Management Regulations (SUP 11-04)
19. The site is reasonably safe from flooding in that none of the site is subject to 100-year
flood flows. Planning Area R-1 is protected by a levee and is not defined as a
Special Flood Hazard Area and may be subject to minor flooding in the event of
levee failure.
20. The proposed project does not create a hazard for adjacent or upstream properties or
structures in that the Buena Vista Creek channel has been designed to contain and
carry the 100 year flow with adequate freeboard and will not result in impacts to
adjacent or upstream properties. The proposed bridge abutments will not cause a
significant increase (.2 feet) in water surface elevations and abutment scour is
determined to be less than significant.
21. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the channel configuration as modified by
the reclamation grading remains the same with no substantial rerouting of flows either within or tributary to the creek. The projects grading plans are designed to
mimic the existing drainage patterns and drainage areas that currently drain to the
various existing outfall locations.
22. The proposed project does not reduce the ability of the site to pass or handle a base flood
of 100-year frequency in that the design of the Buena Vista Creek channel
accommodates the potential runoff from the project site and maintains the capacity
to accommodate the 100-year flood event with adequate freeboard.
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23. The proposed project taken together with all the other known, proposed, and anticipated
projects will not increase the water surface elevation of the base flood more than one foot
at any point in that the design of the channel has been enlarged as part of the
reclamation grading to accommodate the 100-year flow and the project does not
involve any alteration to the portion of Buena Vista Creek that traverses the project
site.
24. All other required state and federal permits have been obtained or have been
conditioned to be secured prior to development.
General
25. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
26. 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 Vesting Tentative Tract Map,
Special Use Permit, and Hillside Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Vesting Tentative Tract Map, Special Use Permit, and
Hillside Development Permit documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
. . .
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4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Vesting Tentative Tract
Map, Hillside Development Permit, and Special Use Permit, (b) City’s approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection
with the use contemplated herein, and (c) Developer/Operator’s installation and operation
of the facility permitted hereby, including without limitation, any and all liabilities arising
from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the City’s approval is not validated.
6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
Vesting Tentative Map reflecting the conditions approved by the final decision-making
body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Official from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 25 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
9. Developer shall implement, or cause the implementation of, the Quarry Creek Master
Plan EIR 11-02 Project Mitigation Monitoring and Reporting Program.
10. This approval is granted subject certification of the Quarry Creek Master Plan EIR
and to the approval of the GPA 11-09, ZC 11-04, MP 10-01, LFMP 87-25, and HMP
11-07 and is subject to all conditions contained in Planning Commission Resolutions No.
6936, 6937 and 6939 for those other approvals incorporated herein by reference.
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 25, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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12. Prior to the issuance of the grading permit or recordation of the final map, whichever
occurs first, Developer shall submit to the City a Notice of Restriction executed by the
owner of the real property to be developed. Said notice is to be filed in the office of the
County Recorder, subject to the satisfaction of the City Planner, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map, Hillside Development Permit, and Special Use Permit by Resolution No. 6938
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. 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
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same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit .
f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit .
16. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the City
Planner. Said facilities, if required, shall be free from advertising and shall at a minimum
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.
17. 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.
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18. 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 25, 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.
19. 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.
20. 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.
21. Prior to the issuance of any permits for the project, the applicant shall submit to the City
Planner a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-
File Format registered to CCS zone 6 NAD 83. The City Planner has the discretion to
waive this condition based on factors such as the scope of the study and the format in
which the exhibits were prepared.
22. If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the City
Planner and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
23. This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a period not to exceed 60 days,
upon a showing of good cause.
24. The relocation of City of Carlsbad Fire Station No. 3 from its current location (El
Camino Real & Chestnut Avenue) to its new location in the East Village of
Robertson Ranch shall be completed and operational prior to the occupancy of the
first dwelling unit in the Quarry Creek Master Plan development. Should
occupancy of the station be delayed, City shall consult with the applicant on alternative interim measures to ensure compliance with applicable fire safety
thresholds.
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25. 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 a maximum of 15% of the total number of for-sale dwelling units and
5% of the total number of rental dwelling units within the Master Plan area, with a
minimum of 65 units to be provided under any circumstance, as affordable to lower-
income households for 55 years, in accordance with the requirements and process set
forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing
Agreement shall be submitted to the City Planner no later than 60 days prior to the
request to final the map. The recorded Affordable Housing Agreement shall be binding
on all future owners and successors in interest.
26. Developer shall dedicate, on the final map, an open space easement for those portions of
lots 14 and 15 which are in slopes, wetlands, coastal sage scrub, or other constrained land
plus all other lands set aside as part of the Citywide Open Space System to prohibit any
encroachment or development, including but not limited to fences, walls, decks, storage
buildings, pools, spas, stairways, and landscaping, except as shown on Exhibits “A”-
“FF”.
27. Removal of native vegetation and development of Open Space Lot(s) 14 and 15,
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. except as shown on Exhibits “A”-
“FF”, 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.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed subdivision, must be met prior to approval of a final map,
building or grading permit whichever occurs first.
General
28. 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.
29. 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.
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30. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
Site Plan and conceptual grading plan, preliminary utility plan reflecting the conditions
approved by the final decision making body. The reproducible shall be submitted to the
city planner, reviewed and, if acceptable, signed by the city's project engineer and project
planner prior to submittal of the building plans, improvement plans, grading plans, or
final map, whichever occurs first.
31. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or
other recorded document, for maintaining the private HOA facilities within the
subdivision including but not limited to the following as shown in the tentative map:
a. Water quality basins in Lots 1, 2, 5, 7, 9 and 10;
b. Treatment facilities to treat offsite runoffs on lots 1 and 3;
c. Existing 48” HDPE pipe traversing Lots 1 and 2 and Private Driveway “C”,
conveying runoff from offsite watershed, north of the project;
d. Existing 60” HDPE pipe traversing Lot 3 conveying offsite runoff from Quarry
Creek Plaza shopping center, east of the project;
e. Existing Levee located along the northerly side of Buena Vista Creek, within the
City of Carlsbad and City of Oceanside;
f. All storm drain pipe and outlet structures located within Buena Vista Creek and
within the 100 foot wetland buffer and 50 foot planning buffer and HMP line as
shown in the approved tentative map;
g. Private Driveway “C”, slopes and retaining walls;
h. Median hardscape, landscape and irrigation along Streets “A” and “B” and
traffic circles; and
i. Non-HMP Open Space lots and community facilities.
The costs of such maintenance shall be distributed in an equitable manner among
the owners of the properties within the subdivision.
32. 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.
33. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering Standards. The property
owner shall maintain this condition.
34. 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 that improvement requirements for mass-transit, including
park and ride facility, have been satisfied.
35. Prior to the recordation of the first final map for the Project, Developer shall enter
into a Development Improvement Agreement with Oceanside. The terms of the
Development Improvement Agreement shall secure and ensure construction of the
following improvements within the timeframes and requirements set forth below.
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a. Install a new northbound lane on College Blvd approaching Lake Blvd as
depicted on plans titled “Option 2” prepared by O’Day Consultants dated 1-
21-13. Developer shall reconstruct the median as well as the sidewalk on the
east side of College Blvd in order to maintain a five foot sidewalk; and b. Install an exclusive northbound to eastbound right turn pocket at the
intersection of College Blvd at Plaza Drive as depicted on plans titled
“College Boulevard at Plaza Drive” prepared by Buccola Engineer, Inc.; and
c. Install a Driver Feedback Sign to the satisfaction of the City of Oceanside
Traffic Engineer in the eastbound direction at Lake Blvd. between Thunder
Drive and Sundown.
d. Developer shall be responsible for all costs associated with the construction of the improvements identified in this Section 1 without any reimbursement
from Oceanside.
e. All improvements shall be designed and permitted prior to recordation of the
first final map.
f. Construction of the Plaza Drive improvement shall begin prior to the
issuance of a certificate of occupancy for the project. Construction of the Lake Boulevard improvement shall begin prior to the issuance of a certificate
of occupancy for the project.
Such improvements shall be required only if Oceanside uses reasonable efforts to
assist Developer with relocation of utility facilities as may be needed or required to
construct the improvements listed above, provided Oceanside shall not be required to incur any costs or expenses in connection with such relocation efforts. Such
improvements shall be required only if Oceanside provides the public right-of-way,
if required, for any of the improvements listed above.
36. Prior to the recordation of the first final map for the Project, Developer shall pay to
Oceanside the following fair share contribution fees:
a. Fair share contribution in the amount of $84,000, for the planned widening
of the El Camino Real Bridge over SR 78;
b. Fair share contribution in the amount of $95,000 for planned improvements
to intersection geometry at the intersection of College Blvd. and Waring
Road; c. Fair share contribution in the amount of $261,000 for planned improvements
to the intersection of College Blvd and Vista Way.
The amount of the Fair Share contribution shall be increased automatically on the
anniversary date of Project approval by the Consumer Price Index San Diego For
All Consumers, San Diego (CPI-U) published by the United States Department of Labor, Bureau of Labor Statistics. The amount of the Fair Share contribution shall
be proportionately adjusted lower if the number of units approved or constructed
for the Project is lower than set forth in the Project Description of the FEIR.
. . .
. . .
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Fees/Agreements
37. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
38. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
39. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
40. Developer shall cause property owner to execute, and submit to the city engineer for
recordation, a city standard deed restriction on the property which relates to the proposed
cross lot drainage as shown on the tentative map. The deed restriction document shall:
A. Clearly delineate the limits of the drainage course; and
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
41. Developer shall provide evidence of an adequate private operation and maintenance
plan and an adequate private financing program for the perpetual maintenance of
the existing levee, protecting planning area R-1, located within the City of Carlsbad
and City of Oceanside, in conformance with FEMA requirements, to the satisfaction of the city engineer.
42. 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.
43. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Street Tree Maintenance Agreement.
44. Prior to issuance of building permits, or grading permit, whichever occurs first, developer
shall cause owner to execute, for recordation, a city standard Local Improvement District
Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along Haymar Drive, west of Lot 11,
should a future district be formed.
45. Developer shall cause Owner to execute covenant of private easements to the Master
HOA for maintenance of all private storm drain systems, best management
practices (BMP) facilities, and the levee, as shown on the vesting tentative parcel
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map. The obligation to execute and record the covenants of private easements shall
be shown and recording information called out on the final map.
Grading
46. 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.
47. The project requires grading beyond the City of Carlsbad boundary. Developer shall apply for and obtain a grading permit from the City of Oceanside for the
grading shown within the City of Oceanside. Developer shall pay all applicable
grading permit fees per the city’s latest fee schedule and shall post security per City
of Oceanside Code requirements.
48. This project requires offsite 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.
49. Developer is responsible to incorporate the necessary measures that are required to
ensure all new structures located within flood hazard areas comply with Section
21.110.160 of the Carlsbad Municipal Code and the latest Federal Emergency Management Agency (FEMA) regulations:
a. Developer shall submit for and receive approval of a Conditional Letter of
(Flood) Map Revision (CLOMR) prior to issuance of a grading permit.
Developer shall apply for and receive approval for a Letter of (Flood) Map
Revision (LOMR) after grading is completed.
50. 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.
51. 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.
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52. 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.
53. This project is subject to ‘Priority Development Project’ requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the
SUSMP, the developer shall use low impact development (site design) approaches to
ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
plan review and inspection fees per the city’s latest fee schedule.
54. 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, applicable hydromodification measures, and Low Impact Design
(LID) facilities.
55. 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).
56. Developer agrees that additional grading permit will be required with other development
proposals within this subdivision.
Dedications/Improvements
57. Developer shall cause owner to dedicate to the city Street "A” and Street “B” for
public street and public utility purposes as shown on the tentative map. The offer
shall be made by a certificate on the final map or separate recorded document. 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.
58. Developer shall design the private driveway “C”, as shown on the tentative map to the
satisfaction of the city engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets shall be
inspected by the city. Developer shall pay the standard improvement plan check and
inspection fees for private streets.
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59. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems 12” diameter storm drain
and larger shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
60. Developer shall cause the property owner to dedicate to the city a minimum of 30-
foot wide public drainage easement over Lot 8 for the proposed 54-inch and 24-inch
storm drain pipes as shown the tentative map to the satisfaction of the city engineer.
Additional width maybe required to provide access.
61. An approved means of all-weather access to all public easements shall be provided to the satisfaction of the city engineer.
62. The developer shall cause the property owner to dedicate to the city a minimum of
30-foot wide water and sewer easements located along the southerly portions of Lots
1 and 2, concurrent with the development of lots 1 and 2, and within Lot 14 from
Simsbury Ct. to Street “A”, as shown on the tentative map, to the satisfaction of the city engineer.
63. The developer shall cause the property owner to obtain an additional 15 foot wide
offsite water easement, for the proposed 8” reclaimed water line, located adjacent to
the existing 15 foot wide water easement, for existing 14” steel water line (document
85-219187) per DWG 244-3, traversing the open space lot, Lot H of CT 83-21. The said additional easement shall be dedicated to Carlsbad Municipal Water District to
the satisfaction of the city engineer.
64. The developer shall cause the property owner to dedicate to the Carlsbad Municipal
Water District a 30-foot wide water easement for the proposed 12” steel water line
and 8” reclaimed water line located within Lot 14 as shown on the tentative map to the satisfaction of the city engineer.
65. The developer shall cause the property owner to dedicate to the Carlsbad Municipal
Water District adequate water easements over the two proposed pressure reducing
stations located within Lot 14, adjacent to Street “A”.
66. The developer shall cause the property owner to dedicate to the city a 20-foot wide
sewer easement over Lot 11 as shown on the tentative map to the satisfaction of the
city engineer.
67. The developer shall cause the property owner to dedicate to the city 10-foot wide
public trail easements for the proposed meandering trails outside of the proposed public right-of-way to the satisfaction of the city engineer.
68. The developer shall provide evidence that the portions of the city owned properties,
Parcel 1 and Parcel 2 of the Relinquishment Map 15091, in excess of the required
Haymar Drive right-of-way, have been acquired by the property owner of Quarry
Creek Development, CT 11-04, via separate action. The final map for Quarry
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Creek (CT 11-04) shall merge the said portion of Parcel 1 with Lot 1 of CT 11-04
and the said portion of Parcel 2 with Lot 11 of CT 11-04.
69. 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 Street “A” and Street “B” and improvements to existing Haymar Drive including but not limited to traffic circles, median improvements, curb
and gutter, sidewalk, bike lanes, guard rails, street lights, trails, and public
utility improvements as shown in the tentative map, per city standards to the
satisfaction of the city engineer.
b. Construct Street “B” bridge across Buena Vista Creek as shown on the tentative map to the satisfaction of the city engineer.
c. Install potable water lines and appurtenances in Street “A”, Street “B”, Haymar
Drive and Private Driveway “C”, and at two locations in Lot 14, where the
waterline connects offsite to the two points of connections located at Simsbury
Court and Tamarack Avenue, as shown on the tentative map to the satisfaction of the city engineer.
d. Provide security for the design and construction of potable water lines and
gravity sewer lines in the proposed 30-foot wide utility easements located within
the southerly portions of Lots 1 and 2.
e. Extend the existing recycled water main along Tamarack Avenue from the
intersection of Tamarack Avenue and Harwich Drive to the proposed water
easement that traverses the open space Lot H of CT 83-21 as shown on the
tentative map to the satisfaction of the city engineer.
f. Install on-site recycled waterline in the proposed 30-foot waterline easement on Lot 14, in Street “A”, in Street “B” and in Haymar Drive as shown on the
tentative map to the satisfaction of the city engineer.
g. Install sewer gravity main in the proposed 30-foot sewer and water easement in
Lot 14, in Street “A”, in Street “B”, in the proposed 30-foot wide utility
easement within Lot 5, and in the 20-foot sewer easement along the southerly boundary of lot 11 to connect to the existing sewer manhole no. 32 per the City
of Vista DWG 1981, sheet 10 as shown on the tentative map to the satisfaction of
the city engineer.
h. Provide sewer stub outs for future city sewer connection at Simsbury Court and
future City of Oceanside sewer connection at Marron Road.
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i. Provide utility stub-outs for future development of all Planning Areas.
j. Install public storm drain system in Street “A” and Street “B”, in the proposed
30-foot wide storm drain easement within Lot 8 as shown in the Tentative Map to the satisfaction of the city engineer.
k. Underground all existing overhead utility lines in Haymar Drive, east of Lot 11
to the satisfaction of city engineer.
l. Construct offsite trailhead improvements with 8 parking spaces at the westerly
terminus of existing Marron Road as shown on the tentative map to the satisfaction of the city engineer and the city planner.
m. Provide lane striping for Haymar Drive from College Boulevard to “B” Street to
the satisfaction of the city engineers of Oceanside and Carlsbad.
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.
70. Prior to issuance of building permits, developer shall underground all existing
overhead utilities in Haymar Drive east of Lot 11.
71. 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
72. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the Tentative Map. These improvements include, but are
not limited to:
a. Construct Street “A” and Street “B” and improvements to existing Haymar
Drive including but not limited to traffic circles, median improvements, curb and gutter, sidewalk, bike lanes, guard rails, street lights, trails, and public
utility improvements as shown in the tentative map, per city standards to the
satisfaction of the city engineer.
b. Construct Street “B” bridge across Buena Vista Creek as shown on the
tentative map to the satisfaction of the city engineer.
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c. Install potable water lines and appurtenances in Street “A”, Street “B”,
Haymar Drive and Private Driveway “C”, and at two locations in Lot 14,
where the waterline connects offsite to the two points of connections located
at Simsbury Ct. and Tamarack Avenue, as shown on the tentative map to the satisfaction of the city engineer.
d. Provide security for the design and construction of potable water lines and
gravity sewer lines in the proposed 30-foot wide utility easements located
within the southerly portions of Lots 1 and 2.
e. Extend the existing recycled water main along Tamarack Avenue from the intersection of Tamarack Avenue and Harwich Drive to the proposed water
easement that traverses the open space Lot H of CT 83-21 as shown on the
tentative map to the satisfaction of the city engineer.
f. Install on-site recycled waterline in the proposed 30-foot waterline easement
on Lot 14, in Street “A”, in Street “B” and in Haymar Drive as shown on the tentative map to the satisfaction of the city engineer.
g. Install sewer gravity main in the proposed 30-foot sewer and water easement
in Lot 14, in Street “A”, in Street “B”, in the proposed 30-foot wide utility
easement within Lot 5, and in the 20-foot sewer easement along the southerly
boundary of lot 11 to connect to the existing sewer manhole no. 32 per the
City of Vista DWG 1981, sheet 10 as shown on the tentative map to the satisfaction of the city engineer.
h. Provide sewer stub outs for future city sewer connection at Simsbury Court
and future City of Oceanside sewer connection at Marron Road.
i. Provide utility stub-outs for future development of all Planning Areas.
j. Install public storm drain system in Street “A” and Street “B”, in the
proposed 30-foot wide storm drain easement within Lot 8 as shown in the
Tentative Map to the satisfaction of the city engineer.
k. Underground all existing overhead utility lines in Haymar Drive, east of Lot
11 to the satisfaction of city engineer.
l. Construct offsite trailhead improvements with 8 parking spaces at the
westerly terminus of existing Marron Road as shown on the tentative map to
the satisfaction of the city engineer and the city planner.
m. Provide lane striping for Haymar Drive from College Boulevard to “B” Street to the satisfaction of the city engineers of Oceanside and Carlsbad.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
. . .
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C. Geotechnical Caution:
a. The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the city approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
Utilities
73. 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.
74. 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.
75. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
76. 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.
77. 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.
78. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
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79. 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.
80. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
81. The developer shall submit a detailed sewer study, prepared by a registered engineer, that
identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity
in the main lines, and the capacity of the existing infrastructure. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the district engineer.
82. The developer shall submit a detailed potable water study, prepared by a registered
engineer that identifies the peak demands of the project (including fire flow demands).
The study shall identify velocity in the main lines, pressure zones, and the required pipe
sizes. Said study shall be submitted concurrently with the improvement plans for the
project and the study shall be prepared to the satisfaction of the district engineer.
83. The developer shall submit a detailed recycled water study, prepared by a registered
engineer that identifies the peak demands of the project. The study shall identify velocity
in the main lines and the required pipe sizes. Said study shall be submitted concurrently
with the improvement plans for the project and the study shall be prepared to the
satisfaction of the district engineer.
84. The developer shall submit detailed design drawings and studies prepared by a registered
engineer for the construction of two proposed pressure reducing stations, located within
Lot 14, adjacent to Street “A”, required to serve the project. Said drawings and studies
shall be prepared to the satisfaction of the district engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
85. This tentative map shall expire two years from the date on which the City Council voted
to approve the associated applications.
86. 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.
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87. 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) contained in the staff report and shown on the Vesting Tentative Map are for
planning purposes only.
88. This project is a Vesting Tentative Map per Carlsbad Municipal Code Section 20.17.
89. 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.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on March 6, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:.
Chairperson Siekmann, Commissioners Black, L'Heureux,
Montgomery, Schumacher, Scully and Segall
9 · ABSTAIN: 10;b 1< s~~
11 KERRY K. SIEKMANN, Chairpe~son
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ATTEST:
DONNEU
City Planner
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