HomeMy WebLinkAboutMS 12-02; Alps Innovation Inn & Suites; Minor Subdivision (MS)d~ CITY OF
VcARLSBAD
Community & Economic Development www.carlsbadca.gov
July 18, 2013
Prime Group Construction
Attn: Joey Blagg
3044 Wilson Road,
Bakersfield, CA 93304
SUBJECT: TENTATIVE PARCEL MAP (MS 12-02)-ALPS INNOVATION HOTELS
Dear Mr. Blagg
The City Planner has completed a review of the application for a Tentative Parcel Map (MS 12-02) to
subdivide a vacant previously graded 9.19 acre property into three (3) parcels generally located north of
the Towers at Bressi Ranch industrial office complex, south of Palomar Airport Road, east of Innovation
Way, and northwest of Colt Place (APN 213-262-11); and within Planning Area 4 of the Bressi Ranch
Master Plan (MP 178), the Planned Industrial (P-M) Zone, and Local Facilities Management Zone 17. The
Tentative Parcel Map (MS 12-02) has also been reviewed in conjunction with PUD 12-04, CUP 12-05, and
CUP 12-06, for a hotel development project that includes two (2), three-story hotels consisting of a 133
room Holiday Inn and a 106 room Staybridge Suites. The Holiday Inn will be located on proposed Parcel
A (3.6 acres) and the Staybridge Suites will be located on proposed Parcel B (2.97 acres). Parcel C (2.62
acres) will remain undeveloped until a future use is proposed.
The City Planner has made a decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal
Code to approve this tentative parcel map based on the findings and subject to the conditions listed
below.
Findings:
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 the proposed subdivision is
consistent with the General Plan and all minimum requirements of Title 20 and 21 governing
lot size and configuration; and has been designed to comply with all applicable City
regulations, including the Bressi Ranch Master Plan (MP 178).
2. That the proposed hotels (which are conditionally permitted pursuant to the P-M Zone) on
Parcels A and B, and future planned industrial project on Parcel C is compatible with the
surrounding future land uses since surrounding properties are designated for Planned Industrial
development on the General Plan, and the project complies with all development standards of
the P-M Zone and the Bressi Ranch Master Plan (MP 178).
®
Mr. Joey Blagg
July 18, 2013
Page 2
3. That the site is physically suitable for the type and intensity of the development since the site is
adequate in size and shape to accommodate the proposed hotels and future planned industrial
development at the intensity proposed, in that all required development standards, public
facilities requirements, and design criteria required by Titles 20 and 21 of the Carlsbad
Municipal Code and the Bressi Ranch Master Plan (MP 178) are incorporated into the project
without the need for variances from any of the development standards.
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 the project has been
designed and conditioned such that there are no conflicts with established easements.
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 provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the proposed hotel structures
associated with CUP 12-05 and CUP 12-06 are oriented in such a manner which allows for
adequate building separation for solar exposure and circulation of air.
7. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the site is previously graded. Additionally, the project area is not within a preserve area
of the adopted Carlsbad Habitat Management Plan. The project area is a designated
development area in the Bressi Ranch Master Plan (MP 178), which was evaluated in the Final
Program EIR 98-04.
8. 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 developer has prepared a
preliminary Storm Water Management Plan to identify pollutants of concern and incorporate
best management practices to either avoid contact with storm water or filter pollutants to the
maximum extent practicable; earth drainage swales and bio retention areas are incorporated
into the subdivision design for filtration of stor.m water runoff; the project is conditioned to
incorporate Low Impact .Design (LID) techniques and to comply with hydromodification
requirements.
9. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the
State CEQA Guideiines and will not have any adverse significant impact on the environment in
that the parcel is located within an urbanized area; is zoned for Planned Industrial (P-M) uses;
is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all
services for the parcels are available; the parcel was not part of a larger subdivision within the
last two years; and the parcel does not have an average slope greater than 20 percent.
10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 17 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
Mr. Joey Blagg
July 18, 2013
Page 3
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.
11. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
12. The City Planner 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 recordation of the
parcel map; or issuance of building permit, or grading permit, whichever occurs first.
Planning
1. Approval is granted forMS 12-02 as shown on Exhibits A-C, dated July 18, 2013, on file in the
Planning Division and incorporated herein by reference. Development shall occur substantially
as shown unless otherwise noted in these conditions.
2. 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 herei'n
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
Parcel Map.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Parcel Map 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.
Mr. Joey Blagg
July 18, 2013
Page 4
4. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. 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.
6. 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 Parcel Map, (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.
7. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the Tentative
Parcel Map reflecting the conditions approved by the final decision-making body.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division 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 17 Local Facilities Management Plan and any amendments made to that Plan prior
to the issuance of building permits including, but not limited to the following:
a. A growth management park fee of $0.40 per square foot of non-residential development
will be collected at the time of building permit issuance. This fee will be used to construct
recreational facilities to offset demand created by employees within Local Facilities
Management Zone 17.
10. This approval is granted subject to the approval of a Non-Residential Planned Development
Permit (PUD 12-04) and is subject to all conditions contained in the City Planner's approval
Jetter for this other approval incorporated herein by reference.
11. This approval is granted subject to the approval of CUP 12-05 and CUP 12-06 and is subject to all
conditions contained in Planning Commission Resolutions No. 6999 and 7000 for those other
approvals incorporated herein by reference.
Mr. Joey Blagg
July 18, 2013
Page 5
12. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will continue
to be available until the time of occupancy. A note to this effect shall be placed on the Parcel
Map.
13. 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 17, 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.
14. Prior to the recordation of the parcel map forMS 12-02, the 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 approved
a Tentative Parcel Map 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.
15. 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.
16. 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.
17. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, or any transfer in ownership of the site.
Engineering:
General
18. This approval is granted subject to the approval of PUD 12-04, CUP 12-05, and CUP 12-06 and is
subject to all conditions for those other approvals.
Mr. Joey Blagg
July 18, 2013
Page 6
19. 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.
20. The project is approved with the express condition that building permits will not be issued for
the development of the subject property unless the city/district engineer determines that
sewer/water facilities are available at the time of permit issuance and will continue to be
available until time of occupancy.
21. Developer shall submit to the city engineer a reproducible 24" x 36" photo mylar of the
tentative parcel map reflecting the conditions approved by the final decision-making body. The
reproducible shaH be submitted to the city engineer, reviewed, and, if acceptable, signed by the
city's project engineer and project planner prior to submittal of the building plans, final map,
improvement plans, or grading plans, whichever occurs first.
22. Unless a standards variance has been issued, no variance from city standards is authorized by
virtue of approval of this tentative parcel map.
23. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued.
24. If any condition for construction of any public facilities, or 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 engineer determines that this project
without this condition complies with the requirements of the law.
25. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City
of Carlsbad, its Council members, agents, officers, and representatives, from and against any
and all liabilities, losses, damages, demands, claim 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 parcel map, (b) city's approval or issuance of any permit or action,
whether discretionary or non-discretionary, in connection with the use contemplated herein,
including an action filed within the time period specified in Government Code Section 66499.37
and (c) developer'sinstallation 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.
26. Developer shall submit to the city engineer an acceptable instrument via CC&R's and/or other
recorded document addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private landscaping, water
quality treatment measures (bio retention basins), low impact development features, and storm
drain facilities located therein, as shown on the tentative map and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within this
subdivision.
Mr. Joey Blagg
July 18, 2013
Page 7
27. The developer shall provide proof of a recorded private reciprocal access and parking
agreement with the adjacent property owner to the South.
28. Developer shall prepare, submit and process for city engineer approval a parcel map to
subdivide this project. There shall be one parcel map recorded for this project. Developer shall
pay processing fees per the city's latest fee schedule.
29. 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.
Fees/ Agreements
30. Developer is required to pay all required fees and deposits prior to approval of the parcel map.
31. 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 17, pursuant to Chapter 21.9. All such taxes/fees shall be paid at issuance of building
permits. lfthe taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
32. 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.
33. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement regarding drainage
across the adjacent property.
34. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation the city's standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
35. Developer shall cause property owner to apply for, execute, and submit to the city engineer for
recordation an Encroachment Agreement covering private enhanced paving located over the
proposed 20 foot public water easements as shown on the tentative parcel map. Developer shall
pay processing fees per the city's latest fee schedule.
36. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the associated
Assessment District 2002-01 (Poinsettia Lane East), or the assessments must be paid in full.
Developer shall pay all associated costs of said reapportionment. The application shall be
submitted to the city engineer with the application for the parcel map.
Mr. Joey Blagg
July 18, 2013
Page 8
37. The subject property is within the boundaries of Assessment District No. 2002-01 (Poinsettia
Lane East}. The owner of this property has previously executed a Special Assessment District
Disclosure Agreement with the city. Said Agreement contains provisions requiring the current
owner and any subsequent owner(s} to provide notice to potential buyers of the amount of the
assessment and other provisions and requires owner to have each buyer receive, execute and
deposit into escrow a Notice of Special Assessment and Prepayment Option Agreement. In the
event that owner does not have the buyer execute the Notice of Special Assessment and
Prepayment Option Agreement prior to close of escrow, the assessment on the subject property
must be paid off in full by owner.
38. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
Grading
39. Based upon a review of the proposed grading and the grading quantities shown on the tentative
parcel 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.
40. Developer shall comply with the latest version of the city's stormwater regulations 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.
41. 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.
42. 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.
43. 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
Mr. Joey Blagg
July 18, 2013
Page 9
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.
44. 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.
45. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with hydromodification requirements per the latest version of the city's
SUSMP. Documentation shall be included within the Storm Water Management Plan (SWMP).
Dedications/Improvements
46. Developer shall cause owner to submit to the city engineer for recordation a covenant of
reciprocal private easements for drainage, parking, and access purposes on each parcel for the
benefit of the other two parcels as shown on the tentative parcel map, to the satisfaction of
the city engineer. Developer shall pay processing fees per the city's latest fee schedule.
47. Developer shall cause owner to dedicate to the Carlsbad Municipal Water District a 20-foot
water easement as shown on the tentative parcel map. The offer shall be made by a separate
recorded document. 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.
48. Developer shall cause owner to abandon unused portions of the existing water and sewer
easements as shown on the tentative map.
49. Developer shall design the private drainage systems as shown on the tentative parcel 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 standar.d improvement plancheck
and inspection fees for private drainage systems.
50. Developer shall prepare and process public improvement plans and, prior to city engjneer
approval of said plans, shall execute a city-standard Minor Subdivision Improvement Agreement
to install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative parcel 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. Potable water lines and appurtenances within the proposed 20-foot wide water
easement.
Developer shall pay the standard improvement plancheck 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.
Mr. Joey Blagg
July 18, 2013
Page 10
51. Prior to issuance of building permits, developer shall install separate sewer services to each
building proposed by this tentative parcel map. Sewer services shall be provided to the
satisfaction of the city engineer.
52. Developer shall design and obtain approval from the city engineer for the structural section for
the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R'value soil test information, subject to the review and approval of the city engineer.
Non-Mapping Notes
53. Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping data:
A. Developer has executed a city-standard Minor Subdivision Improvement Agreement and
has posted security in accordance with C.M.C. Section 20.28.070 to install public
improvements shown on the tentative parcel map. These improvements include, but
are not limited to:
1) Potable water Jines and appurtenances within the proposed 20-foot wide water
easement.
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.
C. 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.
D. 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.
E. Geotechnical Caution:
1. Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
2. 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.
Mr. Joey Blagg
July 18, 2013
Page 11
Utilities
F. 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.
G. 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.
54. 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.
55. 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.
56. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
57. The developer shall design landscape and irrigation plans utilizing recycled water as a source
and shall prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
58. 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.
59. The developer shall design and construct public water and sewer facilities substantially as
shown on the tentative parcel map to the satisfaction of the district engineer and city engineer.
60. The developer shall provide separate potable water meters for each building within this
subdivision.
Code Reminders
61. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Mr. Joey Blagg
July 18, 2013
Page 12
62. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 17 as required by Carlsbad Municipal Code Section 21.90.050.
63. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
64. 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.
65. This tentative parcel map will expire twenty-four (24) months from the date of the final
approval notice issued by the City Planner.
66. 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 shown on the tentative parcel map are for planning purposes only.
Mr. Joey Blagg
July 18, 2013
Page 13
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 the date of final 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; to planning, zoning, grading, or other
similar application processing or service fees in connection with this project; or 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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $638.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact the Project Planner, Jason Goff, at 760-602-4643.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD: JG: fn
c: Shrad Khandwala, Alps Innovation LLC, 621 South Highway 101, Solana Beach, CA 92075
Don Neu, City Planner
Chris DeCerbo, Principal Planner
Jason Goff, Project Planner
Tecla Levy, Project Engineer
Fire Department, Gregory Ryan
File Copy
OMS/Data Entry
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I