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HomeMy WebLinkAbout1986-10-28; City Council; Resolution 88501 2 3 4 6 7 a 9 10 11 12 t 0 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8850 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 104 UNIT TENTATIVE TRACT MAP CT 85-23(A) AND CONDOMINIUM PERMIT CP-320 (A) ON PROPERTY GENERALLY LOCATED ON THE NORTKWESI' SIDE OF HOSP WAY, BETWEEN HOSP WAY AND MARRON ROAD ON PARCEL D OF THE HOSP GROVE MASTER PLAN. APPLICANT : ODMARK DEVLOPMENT COMPANY CASE NO: CT 85-23(A)-CP-320(A) WHEREAS, the City Council of the City of Carlsbad, on October 14, 1986, held a public hearing to consider the project and heard all persons interested in or opposed to Tentative Trac- Map CT 85-23(A) and Condominium Permit CP-320(A): and WHEREAS, an Environmental Impact report for this projec has been recommended by the Planning Commission on September 17, 1986 and certified by the City Council on October 14, 1986 in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 and the California Environmental Quality Act: NOW, THEREFORE, BE IT RELWLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. B. That the findings are those prepared by the staff a set forth in Draft Planning Commission Resolution Exhibit A and constitute the findings of the City Council in this matter. The City Council also finds the following factors to exist in that the project: 1. Will not adversely affect applicable provisions of the Carlsbad Municipal Code, City's General Plan, Hosp Grove Master Plan and all adopted plans of the City and other governmental agencies. 1 2 72 c, 4 F: " E 'i E s 1c 11 12 18 0 19 20 21 22 23 24 25 26 27 28 2. Is necessary and desirable to provide a servic or facility which will contribute to the general well being of the neighborhood and community. 3. Will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. C. That said Tentative Tract Map, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicab general and specific plans of the City of Carlsbad. D. That Tentative Tract Map C!T 85-23(A) and Condomin Permit CP-320 (A) are hereby approved subject to all applicabll requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions prepared by staff and as contai in Draft Planning Commission Resolution Exhibit A attached her and made a part hereof with the addition of the following conditions which are subject to the satisfication and approval the Planning Director: 1. The 4 unit building located closest to the recreation area shall be eliminated as shown on the revised si1 plan which shall reduce the unit total to 104 units. 2. The distance between the existing property line tc the south where existing homes are located and any structure i: this development shall be a minimum of 60 feet as shown on the revised site plan. 3. Driveway widths for driveways coming off the main entry shall be increased to 30 feet as shown on the revised si plan. 4. A 60 foot total separation shall be provided between the southern property line and the pavement of the private driveway within the development. 39 1 2 3 4 5 6 7 e 9 1c 11 12 t 0 1€ 1: 2c 21 2: 2: 24 2: 2E 25 2E 5. That all conditions described in the memorandum to the Planning Commission dated September 17, 1986, as shown on Exhibit B attached hereto and made a part hereof, relative to this tentative map shall be complied with. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California on the 28th day of October , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: RKE ABSENT: None L t% &L MARY H./ASLER, Mayor ATTEST : Resolution No. 8850 ' 1 DRAFT 71 PLANNING COMMISSION RESOLUTION wit: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A io8 UNIT CONDO'MINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST SIDE OF EOSP WAY, BETWEEN HOSP WAY AND MARRON ROAD ON PARCEL 0 OF THE HOSP GROVE MASTER PLAN. APPLICANT: ODMARR DEVELOPMENT COMPANY CASE NO: CT 8S023(A)/CP-320(A) I, 14 ;I WHEREAS, said verified application constitutes a request ;:as provided by Title 21 of the Carlsbad Municipal Code: and 15 !I 'I WHEREAS, the Planning Commission did, on the 17th day of I: September, 1986, hold a duly noticed public hearing as prescribed , by law to consider said request; and 16 17 18 19 20 WHEREAS, at said public hearing, upon hearing and i considering all testimony and arguments, if any, of all persons , desiring to be heard, said Commission considered all factors 21 i: ' relating to the Tentative Tract Map and Condominium Permit. 22 li 23 ,' NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: II ;'A) That the above recitations are true and correct. I B) That based on the evidence presented at the public hearing, the 24 25 1 26 !' 27 conditions: 'I Commission recommends APPROVAL of CT 85-23(A)/CP-320(A), based on the following findings and subject to the following 11 /I I 1 2 3 4 5 6 7 a 9 10 11 12 13 18 19 20 21 !: 22 1: I' 23 II ! I! 26 i! F inding s : The project is consistent with the City's General Plan since the proposed density of 14.2 du's/acre is within the density range of 8-15 du*s/acre specified for the Site as indicated on the Land Use Element of the General Plan, and is exempted from the Growth Control Points established by the City Council. The project as proposed is consistent with the Hosp Grove Master Plan (xp-1) since the density Of 14.2 du/ac and design conforms with the requirements of the Master Plan. 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 pro- posed. The project is consistent with all City public facility pol- icies and ordinances since: The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. Park-in-lieu fees are required as a condition of ap- proval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. ' PC RES0 28 ' I NO. 2615 -2- . The proposed project is consistent with the City's Planned Development ordinance and also complies with the Design Guidelines Manual. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development Or open space on the General Plan. Approval of this project Will not create a significant impact on the environment for the reasons outlined in the environmental findings of the Planning Commission attached hereto as Exhibit .Xm, dated September 17, 1986, incorporated herein by reference. This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are not provided the project will create an unmitigated burden on existing improvements and facilities. Further, the improvements and facilities are necessary to provide safe, adequate and appropriate service to future residents of the project consistent with City goals, policies and plans. The applicant is by condition, required 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 development management or public facility program ultimately adopted by the City of Carlsbad. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. The project justifies the density proposed because of the open space being provided in Parcels E and F as stated in the staff report. Conditions: 20 1) Approval is granted for. CT 85-23(A)/CP-320(A), as shown on 21 Exhibits .Am - .G", dated September 10, 1986, incorporated by 22 :; 23 11 reference and on file in the Planning Department. Development ahall occur substantially as shown unless otherwise noted in il these conditions. ;I 2) This project has already been allocated sewer capacity per legal settlement 9052 filed, August 28, 1979. Building permits for any additional units over and above the settlement will not be issued unless the City Engineer determines that sewer facilities are available at the time of available until the time of occupancy. 24 it 25 i: 26 application for such sewer permits and will continue to be 27 i : PC RES0 NO. 2615 -3- 28 I I I, ii Y3 A+- 1 2 3 4 5 6 7 0 9 10 I1 12 13 16 I' ij 8) 17 'I 18 19' 9) 20 1 21 I 2% io) ii 23 I' I; 24 !i I I e /I This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of I the Carlsbad Municipal Code or other ordinance adopted to I implement a growth management system Or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated July 14, 1986 and the agreement to pay the Growth Management Fee dated September 12, 1986, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal code. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. I All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked with small pole signs to be approved by the Planning Director. The applicant shall prepare a 24' x 36' reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CCSR's shall be submitted to and approved by the Planning Director prior to final map approval. I/ //// 25 0, 26 '! 27 ' 28 j II !I " //// ' //// PC RES0 NO. 2615 1: -4- 1 2 3 4 5 6 7 8 9 10 11 12 12 11) 121 13) 14) 14 15 il 16 ,! Id 17 ii 18 19 20 21 I 22 '1 1 6 1 ;/ 15) I 11 il 23 \I 1 24 25 26 I' I' 27 I For visual purposes, the north facing slopes above Matron Road and the areas to remain undisturbed on the ridge top above the slopes, as shown on the tentative map, site plan and landscape plan, are to be planted with eucalyptus trees and other appropriate landscaping within 160 days after approval of the tentative map and prior to any grading. A separate landscape plan shall be prepared for these areas and approved by the Planning Director. Said plan shall include 50 percent boxed trees (24-inch minimum) to be planted on the ridgetop buffer. If the landscape plan and planting are not completed within this time frame, this approval shall be null and void. The applicant shall prepare a detailed slope landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading permits. Issuance of a building permit will not occur until a full detailed landscape plan has been approved by the Planning Director, A 500' scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. ~ll parking lot trees shall be a minimum of 15 gallons in size. A "Tree Plan" shall be provided to the Planning ~irector. This plan shall specify all trees to be preserved, The plan also shall specifically detail the planting program to be implemented around the perimeter of the developed area. The perimeter planting program shall include details as to the enhancement of existing trees to be preserved; regrading along the perimeter; and the timing for replanting/enhancing in relation to completing the necessary grading. The timing aspect of the plan shall provide for replanting immediately after grading on slopes and other feasible areas. The plan shall be prepared by a landscape architect. The Planning Director shall approve the Tree Plan prior to approval of a final map or issuance of a grading permit, whichever is applied for first. The applicant shall be required to construct temporary fencing, or similar materials approved by the Planning Director, around those individual or groups of trees which have been identified to be preserved on the eucalyptus Tree Plan map, prior to the issuance of a grading permit and subject to the approval of the Planning Director. Prior to any grading, the applicant shall agree to fully implement this condition by agreement which shall also include a provision prohibiting the destruction of any eucalyptus trees identified on thz Tree Plan during grading operations due to carelessness, machine operator negligence or otherwise. The 28j'pc RESO NO. 2615 I! 1: // . 11 1: -5- 45- Lt+ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 a t d 9r he I es eement shall contain a liquidated damages clause requiring troyed. The amount will be paid to the Carlsbad Parks and Recreation Department for replanting programs. The agreement shall be secured subject to the approval of the City Attorney. applicant to pay the sum of $500.00 for each tree Existing onsite trees shall be retained wherever possible and shall be trimmed and/or topped, as required to the satisfaction of the Planning Director. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of. the Planning Department during the review of the Tree Plan of existing onsite trees. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. A uniform sign program for this development shall be submitted to the Planning Director for his review and approval prior to occupancy of any building. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. All roof appurtenances, including air conditioners , shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. The applicant shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road: color of identification and/or addresses shall contrast to their background color. Prior to occupancy of any units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. -6- 1 2 3 4 5 6 7 8 9 27) 28) 29) If any 'condition fat 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 65913.5. 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. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. A condition so stating this shall be placed in the C.C.6R's for the project. Building colors and building materials shall be approved by the Planning Director prior to obtaining building permits. The retaining walls shown on the tentative map shall be crib type if over 4 feet in height, unless otherwise approved by the Planning Director. All crib walls shall be planted and maintained in a thriving condition by the developer. Prior to the issuance of any grading permits , the applicant shall complete the following archaeological mitigation to the satisfaction of the Planning Director: a) Conduct test excavations to identify the significance sf the cultural resources on Parcel D. b) Excavate an adequate sample of significant archaeological sites on Parcel D. c) Prepare an archaeological mitigation report which will: 1) Include cultural resource forms recording the sites within Parcel D. 2) Finalize and incorporate RBR and Associates' report to provide context and background for the study. 3) Submit for radiocarbon dating any datable materials recovered during the field excavation. 4) Document the findings of the mitigation excavation and analysis. The final grading plan shall follow the grading scheme as shown on the site plan, (not the tentative map), utilizing soft, undulating slopes instead of typical 2 : 1 slopes. The carports shall be made substantially of wood and shall incorporate special landscape treatments, i.e. flower trellises, planter boxes, etc., to enhance the appearance. Such plan shall be approved by the Planning Director prior to issuance of building permits. In addition, all carports shall be lighted with 'hidden' fixtures. PC RES0 NO. 2615 28 :; -7- i 1; i I 2j 34) The applicant shall provide a 5-year bond for implantation, survival and maintenance of all trees replanted under the required landscape plan to the satisfaction of the city Attorney. The planning Department shall conduct a yearly survey to ensure proper regrowth of trees in compliance with the landscape plan. j 5 ;, No recreational vehicle (RV) parking shall be permitted on site. This condition shall be reflected in the CCLR's. 35) Handicapped parking spaces shall be provided to the satisfaction of the Building Director. ;/Engineering Conditions: a ;; The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as acontrolled grad- ing, by Section 11.06.1701a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. Upon completion of grading, the developer shall ensure that an .as-graded' geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. All slopes within this project shall be no steeper than 2:l. I: //// 27 ! PC RES0 NO. 2615 28 -8- 0 0 I Prior to hauling dirt Or construction materials to any proposed construction Site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary des i 1 tat ion/de t en t ion basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. No grading activity shall occur on this development between October 15th and April 15th. The developer shall install all erosion control measures prior to October 15th and maintain the devices throughout the rainy season. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this project. ' //// 24 I1 //// 25 /I I' //// I' //// 26 I' 27 I I PC RES0 NO. 2615 28 IN I! I -9- il I II 2 il II 3 // 'i 4 ii 8 // il g '! '151) 10 il 11 I/ e The drainage system shall be designed to ensure that runoff resulting from a IO-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. The developer shall make an offer of dedication to the City for all public streets and easements required by these cond- itions or shown on the Tentative Map. The offer shall be made by a Certificate on the Final Map for this project. All Land so offered shall be granted to the City 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. Direct access rights for all lots abutting Marron Road and Hosp Way shall be waived on the final map, except for the access driveway as shown on the Tentative Map. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer: a) Hosp Way to half of a collector street along the project f rontage. 17 ~ 53) Improvements listed above shall be constructed within 12 18 whichever occurs first. months of final map approval and/or improvement plan approval, 19 54.) Unless a standard variance has been issued, no variance from 20 ' tentative map. 21 55) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies 22 regarding services to the project. City Standards is authorized by virtue of approval of this I1 23 ' //// 24 .I //// 25' //// I 26 ' //// 27' //// PC RES0 NO. 2615 28 I -10- 56) 57) /i 59) 13 20 , //// 21 :, I' //// 23 24 ;, 1, //// The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map. The design of all Private streets shall conform tc city of 'Carlsbad standards of public streets. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage Systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal code. All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by thi Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate: "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. //// 1' //// 26 '/ 27 I 28 I I' PC RES0 NO. 2615 I. I! -1 1- I understand that the check of project drawings and 1 specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer Of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Ij I1 4 !I 2 li 3 // 'i 5 ll Address: I! 6 1; City, st.: 7 /1 Telephone: I Date: R.C.E. NO. # 1/60) The developer shall provide the City with a reproducible mylar I! Commission. The tentative map shall reflect the conditions of I' Engineer prior to improvement plan submittal. 10 :I 13. I1 copy of the tentative map as approved by the Planning 12 I; approval by the City. The map shall be submitted to the City 13 61) Prior to recordation of any final map for this development for 3.4 1 this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the tentative map into the existing City of Carlsbad Street 16 I Lighting and Landscaping District No. ?. I1621 Approval of this tentative tract map shall expire twenty-four map is recorded. An extension may be requested by- the discretion of the City Council. In approving an extension, existing conditions. 17 months from the date of City Council approval unless a final 18 applicant. Said extension shall be approved or denied at the 19 the City Council may impose new conditions and may revise 20 21 22 I provided if deemed necessary by the Fire Marshal. Fire Department: I 63) Additional public and/or onsite fire hydrants shall be /I 23, 64) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and 24 I' onsite roads and drives to the Fire Marshal for approval. 25 ,651 An all-weather access road shall be maintained throughout 26 1' 1' 1, construction. -12- !! I! //// 19 I //// 24 ' //// 26 ~ll required fire hydrants, water mains and appurtenances shall be operational Prior to combustible building materials being located on the project site. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad ~andscape Guidelines Manual. ~ll fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Prior to construction, the developer shall meet with the Fire Marshal to discuss a plan for providing an adequate interface between the structures and the existing tree grove. Prior to issuance of building permits, the developer shall submit to the Fire Department a map, showing the street network, conforming to the following criteria: 400' scale (1:4800) * Photo reduction on mylar At least two existing streets and/or intersections shall be referenced on the map (not a separate vicinity map) Maps shall include at least the following information: Street centerlines Street names Fire hydrant locations The applicant shall agree to pay a fee established to cover the cost of updating Fire Department response maps. 1 //I/ //// 27 i 28 PC RES0 NO. 2615 I -1 3- I 21 I g // 10 /I 11 // ATTEST: il Planning Commission of the City of Carlsbad, California, held on NOES: ABSENT: ABSTAIN: 15 I/ 16 11 I, 17 I/ 18 19 20 21 'I 22, I1 23 I 24 /; I 25 I I I 26 i 27 28'~~ RESO NO. 2615 I! I1 ii 1; CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION -1 4- EXHIBLT "X" SEPTEMBER 17, 1986 The following items constitute the Planning Commission's environmental findings for this Project. The mitigation measures listed below describe the project changes which reduce these impacts to insignficant levels. A. TRAFFIC CIRCULATION Impact: An increase in trips Will result from the proposed alternative because commercial use typically has higher generation rate than residential. Mitigation: The additional trips can be accommodated with the (1) construction Of Monroe Street as a secondary arterial with additional deceleration/acceleration lanes serving the commercial center, (2 1 upgrading of the signal light at Marron/Monroe intersection, (3) bond and prepare plans for a traffic signal at Street .A" of the commercial center entrance and Monroe Street for when a future signal is warranted. Impact: Hosp Way, and Jefferson Street west of Marron, will have a level of Service P with the trips generated by the proposed project. Mitigation: These two roadway segments are classified as residential streets with a maximum of 500 ADT, which is already exceeded by existing ADT. These streets can be reclassified as Collector streets to accommodate existing and future ADT. Impact: The grading operation for Parcel E will require export of 124,000 cubic yards of dirt which could have a short-term impact on surrounding streets. Mitigation: The use of cutoffs and flagmen will help to minimize impacts at the Marron/Monroe intersection. Such condition will be part of the final grading plan approval. 8. Impact: TOPOGRAPHY AND VISUAL AESTHETICS Parcel D 0- Adverse impacts would occur in that the existing slope above Marron Road would be cut down 30 feet, no buffer of trees would be retained, and three-story buildings were within 15 feet of the edge of the slope. Mitigation: The project was redesigned to maintain the existing landform, provide a 50-foot tree buffer plus tree planting on the slopes, and has located buildings in the interior of the site. Impact: Parcel E -- The landform will be significantly altered -- an existing 90 foot high knoll and associated 40% slope will be cut down; and regraded slopes up to 40 feet in height will be created to accommodate flat pads necessary for commercial development. Mitigation: The proposed project allows preservation of 14.5 acres of Hosp Grove. A vigorous landscape program will be required to replant the graded slopes behind the buildings and a compatible landscape theme will be used in the Commercial center. The architecture and building materials will be compatible with the surrounding grove. Impact: Parcel F -- Residential development according to the Master Plan will result in significant impacts due to the site's visible location and its proximity to the lagoon. Mitigation: The proposed open space use will mitigate all visual impacts, C. ARCHAEOLOGY Impact: Archaeological sites are located on all three parcels and will be affected by development on Parcels D and E. Mitigation: Appropriate conditions have been placed on the project to satisfy state requirements for archaeological mitigation, i.e. a data recovery program. D. BIOLOGICAL RESOURCES Impact: As an indirect impact to the habitats in Buena Vista Lagoon, runoff and sedimentation could potentially impact the lagoon. Mitigation: Appropriate erosion-control and grading procedures have been conditioned on the projects. -2- E. PUBLIC SERVICES Impact: school facilities are at or near capacity. Mitigation: Only one of the three parcels will be developed residentially: school impact fees will be required to be paid to allow the School District to provide temporary facilities for overcrowding. Impact: police services will be incrementally impacted. Mitigation: Additional personnel and equipment will offset the increase in population and new areas of patrolling. Impact: The City Library is currently at book capacity. Mitigation: Additional Library facilities will be provided as part of the City's future Capital Improvement Program. F. HYDROLOGY AND WATER QUALITY Impact: Potential increases in erosion and sediment production will occur during grading and construction. Mitigation: Erosion control measures must be shown on final grading plans and approved by the City. Drainage and sediment control facilities will be installed prior to grading. Landscape conditions include a 5 year bond to ensure that tree plantings and other landscape elements are growing successfully. Also, the City's street sweeping program Will include the project area after it develops. Impact: Removal of the existing desiltation basin could cause sedimentation impacts to the lagoon if upstream problems are not controlled when it is removed . Mitigation: A temporary desiltation basin will be built in the southern portion of Parcel E to control existing offsite erosion problems. It will remain in place until erosion of the adjacent property is controlled satisfactorily to the city. -3- G. GEOLOGY AND SOILS Impact: Portions of the property are encumbered by geological constraints, including settlement, slope instability, groundwater, dewatering, and seismic shaking. Mitigation: As part of the grading plan approval, the recommendations of the geotechnical study will be implemented. The study will be updated as necessary to reflect the proposed commercial development instead of the former residential project. Additional subsurface investigation and engineering analysis also is required as part of the final design. 8. AIR QUALITY Impact: Development of Parcels D and E will contribute air pollutant emissions to the San Diego Air Basin. Mitigation: Public transit facilities, i.e. a bus stop will be provided. Sidewalk improvements will allow pedestrian access to the commercial center from nearby residential areas. The Grading Ordinance requires dust control measures to be used during construction. -4- NIT 1 MEMORANDUM DATE: SEPTEMBER 17, 1986 TO: PLANNING COMMISSION Resolution No. 8850 FROM: PLANNING DEPARTMENT SUBJECT: EIR 86-4/CT 85-23(A)/CP-32O(A)/GPA/LU 86-1O/ZC-348/MP- l(C)/SDP 86-10/GPA/LU 86-11/2C-350 - HOSP GROVE - Request for approval of: A tentative map and condominium permit for 108 units on Parcel D of Hosp Grove Master Plan; General Plan amendment and zone change from RMH to C, 0 and OS and a site development plan for Commercial Center on Parcel E; General Plan amendment and zone change from RMH to OS on Parcel F; and, revisions to the Hosp Grove Master Plan. Also requested is certification of an Environmental Impact Report on property located south of Marron Road and Jefferson Streets, near the Plaza Camino Real Shopping Center and Buena vista Lagoon. Staff is recommending that the following changes be made to some of the conditions pertaining to the Hosp Grove project: Resolution No. 2615 The wording in the resolution itself has been modified to include approval of a tentative tract map as well as a condo permit: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 108 UNIT CONDOMINIUM PERMIT AND TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST SIDE OF HOSP WAY, BETWEEN HOSP WAY AND MARRON ROAD ON PARCEL D OF THE HOSP GROVE MASTER PLAN. Findings: 4c) Delete finding (Master Plan requires dedication of park land. Conditions: 4) Delete 16) Change as follows: I The applicant shall be required to construct temporary fencing, or similar materials approved by the Planning Director, around those individual or groups of trees which have been identified to be preserved on the eucalyptus Tree Plan map, prior to the issuance of a grading permit and subject to the approval of the Planning Director. Prior to any grading, the applicant shall agree to' fully implement this condition by agreement which shall also include a provision prohibiting the destruction of: any eucalyptus trees identified on the Tree Plan during grading operations due to carelessness, machine operator neligence or otherwise. The agreement shall contain a liquidated damages clause requiring the applicant to pay the sum of $SOO,OO for each tree destroyed *in the fenced tyee area. The amount will be paid to the Carlsbad Parks and Recreation Department for replanting programs. The agreement shall be secured in the amount of $50.000 subject to the approval of the City Attorney. 52) Add b) as follows: b) Marron Road to half of a Collector Street standard along the project frontage. Resolution No. 2619 conditions: 9) All parking lot trees shall be a minimum of 15 gallons in size. One tree per five parking stalls shall be required in the parking areas unless otherwise approved by the Plannins Directol;. In addition, in the parking areas on the west side of Monroe Street, any row of parking spaces with more than 15 spaces shall have a landscaped island in the middle of the row to break up the long row of parking, 24) Prior to commencement of grading activity, the areas not to be graded and/or areas of tree preservation shall be fenced to the satisfaction of the City Engineer and Planning Director. The applicant shall agree to fully implement this condition by agreement which shall also include a provision prohibiting the destruction of any eucalyptus trees identified on the Tree Plan during grading operations due to carelessness, machine operator negligence or otherwise. The agreement shall contain a liquidated damages clause requiring the applicant to pay . the sum of $500.00 for each tree destroyed within the fenced area . The amount will be paid to the Carlsbad Parks and Recreation Department for replanting programs. The agreement shall be secured in the amount of $SO.OOQ subject to the approval of the City Attorney. -2- 28) ~ll proposed retaining walls shall be crib walls unless otherwise approved by the Planning Director. Landscaping and maintenance plans for the crib walls shall be approved by the Planning Director prior to issuance of grading permits. All crib walls shall be planted and maintained in a thriving condition by the developer. 32) Employee eating areas shall be provided per the requirements of the Office (0) zone. A site plan showing ,the location, landscaping and facilities required shall be submitted to the Planning Director for approval prior to issuance of building permits. 33) No parking shall be allowed within the driveway entrance throat of Street "A", as shown on Exhibit "B". The five spaces shown on the architectural site plan within that area on the west side of Monroe Street are specifically not approved. The parking shall be provided immediately to the south of the rectangular southernmost buildincr on the west side of Monroe Street. . 48) Marron Road and Monroe Street shall be dedicated by the developer along the project frontage based on a centerline to right-of-way width of 42 feet plus any additional right-of-way to accommodate the acceleration/deceleration lanes as required by the City Engineer and in conformance with City of Carlsbad Standards prior to issuance of grading permits. 50) Prior to issuance of a building permit the developer shall enter into a secured aureement with the Citv for the future installation of a traffic signal at the ,intersection of Monroe Street and the most southeryy entrance to the project. 71 1 Eucalyptus trees to be planted along the perimeter of the site shall be a minimum of 15 gallons, with 20% being 24 inch box trees, subject to approval of the Parks and ,Recreation Director and the Planning Director. Eucalyptus trees planted on the slope banks adjacent to open space area can be a mixture of sizes, to include: 33% One gallon 33% Five gallon 33% Fifteen gallon 73) Not more than 10-15% of the landscaping shall be turf grass, pnless otherwise approved by the Parks and Recreation Director and Planning Director because such bright green colors are not compatible with the overall character of the existing eucalyptus grove. NER:bn -3-