HomeMy WebLinkAbout1990-10-17; Planning Commission; Resolution 3110,, ~ . ,:.I 1 0 e
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PLANNING COMMISSION RESOLUTION NO. 3110
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSE
CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP 1
72 SINGLE FAMILY DWELLINGS ON PROPERTY GENERALLY LOCATED ALC
THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNA
HILLS DEVELOPMENT AND WEST OF THE AVIARA MASTER PLAN.
CASE NAME: BROCCATO
CASE NO.: CT 89-19
6 WHEREAS, a verified application for certain property to wit:
7 All or portions of lots 1,11 and 12 in Section 33, Township 12 south, Ran,
west, San Bernardino Meridian.
8 11 has been filed with the City of Carlsbad and referred to the Planning Commission; 2
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WHEREAS, said verified application constitutes a request as provided by Tit
Carlsbad Municipal Code; and
I2 II WHEREAS, the Planning Commission did, on the 17th day of October, 1990,
13 II noticed public hearing as prescribed by law to consider said request; and
14 WHEREAS, at said public hearing, upon hearing and considering all tes
15 arguments, if any, of all persons desiring to be heard, said Commission considere’
16 relating to the Tentative Tract Map.
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A) That the above recitations are true and correct. 18
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning CommissioI
B) That based on the evidence presented at the public hearing, the Commission :
20 APPROVAL of CT 89-19, based on the following findings and subject to tl
conditions:
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22 1. The project is consistent with the City‘s General Plan since the proposed dc
23 du’s/net acre is within the density range of 0-4 and 4-8 du’s/acre specified fc
indicated on the Land Use Element of the General Plan, and is at or below 24 control point of 5.03.
25 2. The site is physically suitable for the type and density of the development s
26 is adequate in size and shape to accommodate residential development a1
proposed.
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Findings:
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3. The Planning Commission has, by inclusion of an appropriate condition to I
service is available to serve the project. In addition, the Planning Commissiol
a condition that a note shall be placed on the final map that building permits
issued for the project unless the City Engineer determines that sewer service
and building cannot occur within the project unless sewer service remains av
the Planning Commission is satisfied that the requirements of the Public Facilil
of the General Plan have been met insofar as they apply to sewer service for
ensured that the final map will not be approved unless the City Council find!
5 4. School fees will be paid to ensure the availability of school facilities in t!
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7 5. Park-in-lieu fees are required as a condition of approval.
School District.
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6. AU necessary public improvements have been provided or will be required a
of approval.
7. The applicant has agreed and is required by the inclusion of an appropriate
pay a public facilities fee. Performance of that contract and payment of the fec this body to find that public facilities will be available concurrent with need
by the General Plan.
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9.
The proposed project is compatible with the surrounding future land
surrounding properties are designated for ResidentiaVOpen Space develop]
General Plan.
An EIR was prepared for this project and has been recommended for certific
Planning Commission. The EIR (EIR 89-1) identified a number of potentiall
impacts created by this project and possible mitigation measures to reduce tl
to a level of insignificance. These mitigation measures have been incorpor;
project through redesign or conditions of approval, to reduce all impacts
insignificance.
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10. The intent of all mitigation measures proposed in EIR 89-1 are conta
Resolution by way of either specific conditions of approval or in Attachme
contains mitigation measures that have been modified to: conform to City
expanded to more adequately mitigate the impact; or, tied to a sped
construction so that they could be more easily monitored. Application of tht
mitigates all identified impacts to a level of insignificance.
22 11. The applicant is by condition, required to pay any increase in public faciliq
public facilities and will mitigate any cumulative impacts created by the prc 24 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued a
requirements established by a Local Facilities Management Plan prepared 23
construction tax, or development fees, and has agreed to abide by an
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12. This project is consistent with the City's Growth Management Ordinance as
conditioned to comply with any requirement approved as part of the Loc,
Management Plan for Zone 19.
13. This project was subject to Chapter 21.95 of the Carlsbad Municipal Coc
Ordinance) and meets all the requirements of that Chapter to ensure tl
treatment of the City's hillside resources.
14. The Tentative Map (Cr 89-19) satisfies all requirements of the Zoning Or&
21), Subdivision Ordinance (Title 20) and the State Map Act
15. The project is consistent with all policies of the Mello I1 Local Coastal Progr;
16. The proposed project as conditioned is in compliance with the city's Noise PC
17. The proposed project is consistent with the Interim Open Space Ordinance.
Conditions:
1. Approval is granted for CT 89-19, as shown on Exhibit(s) "A" - "T', dated Se:
1990, incorporated by reference and on file in the Planning Department. C
shall occur substantially as shown unless otherwise noted in these condition,
2. The developer shall provide the City with a reproducible 24" x 36", mylar
Tentative Map and Site Development Plan as approved by the Planning Corm
Tentative Map and Site Development Plan shall reflect the conditions of app:
City. The Map and Plan copies shall be submitted to the City Engineer prior
grading or improvement plan submittal, whichever occurs first.
3. A 500' scale map of the subdivision shall be submitted to the Planning Direc
the recordation of the final map. Said map shall show all lots and streets
adjacent to the project.
4. This project is approved upon the express condition that the final map 5
approved unless the City Council finds as of the time of such approval that SI
is available to serve the subdivision.
5. This project is approved upon the express condition that building pennits
issued for development of the subject property unless the City Engineer detc
sewer facilities are available at the time of application for such sewer pem
continue to be available until time of occupancy. This note shall be placed
map.
6. This project is also approved under the express condition that the applicant p;
facilities fee adopted by the City Council on July 28,1987 and as amended 1
time, and any development fees established by the City Council pursuant to C1
of the Carlsbad Municipal Code or other ordinance adopted to impleme~
management system or facilities and improvement plan and to fulfill the
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agreement to pay the public facilities fee dated June 15,1989, a copy of whit
with the City Clerk and is incorporated by this reference. If the fees are nc
application will not be consistent with the General Plan and approval for this
be void.
7. The applicant shall pay park-in-lieu fees to the City, prior to the approval of th
as required by Chapter 20.44 of the Carlsbad Municipal Code.
8. The applicant shall provide school fees to mitigate conditions of overcrowdin
District No. 1 (Mello-Roos) fee schedule in effect at the time of builc
application.
building pernit application, These fees shall be based on the Carlsbad Uni
9. Water shall be provided to this project pursuant to the Water Service agreemc
the City of Carlsbad and the Carlsbad Municipal Water District, dated May 2
10. This project shall comply with all conditions and mitigation required by the Zc
Facilities Management Plan approved by the City Council on DecembeI
incorporated herein and on file in the Planning Department and any future a
to the Plan made prior to the issuance of building permits.
11. If any condition for construction of any public improvements or facilities, or t
of any fees in lieu thereof, imposed by this approval or imposed by law on thC
challenged this approval shall be suspended as provided in Government CI
65913.5. If any such condition is determined to be invalid this approval sha'
unless the City Council determines that the project without the condition co
all requirements of law.
12. Approval of this request shall not excuse compliance with all sections of
Ordinance and all other applicable City ordinances in effect at time of buil
issuance.
13. Approval of CT 89-19 is granted subject to the approval of ZC 89-6, SDP 89-7:
and EIR 89-1.
14. The applicant shall establish a homeowner's association and correspondin2
conditions and restrictions. Said CC&R's shall be submitted to and apprc
Planning Director prior to final map approval. The CC&R's shall includl
specifying: (1) homeowner's association maintenance responsibility for all
manufactured project open space areas including the wetlands buffer area, pu
parking lot, and (2) that no private development (ie. rearyaTd structures or 1
shall be permitted within this open space. Public access, landscaping or 1
utilities as approved on the Landscape Concept Plan (Fxhiiit "G", dated Se
1990) shall be permitted
15. Prior to final map approval the project applicant shall.
(A) Submit evidence satisfactory to the Planning Director that an offer c
of all onsite wetlands to the State Lands Commission has been made
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(B) Irrevocably offer to dedicate in perpetuity to the City of carlsbad an
easement over open space lots 49,50,61,77,78 and 79, and
(C) Irrevocably offer to dedicate in perpetuity to the City of carlsbad an
and public access trail easement within the wetlands buffer area.
Prior to final map approval, the project applicant shall offer to dedicate an easement for the Batiquitos Lagoon Public Trail from Fiori Court to the 1-5 I
Prior to the occupancy of any of the dwelling units, the project applicant shall
to construct a sound attenuation walI/berm ranging between 6 and 8 feet in 1
the western and/or southern property lines of lots 41,42,43,44,45,46 and 4
with the recommendations of the Supplemental Noise Analysis for Broccato i
Shores, (Recon, 1990).
Prior to the occupancy of units on lots 40 - 48, mechanical ventilation shall
to be incorporated into these stmctures consistent with the recommenda
Supplemental Noise Analysis for Broccato at Batiquitos Shore (Recon, 1990'
Prior to the occupancy of units on lots 44,45,46 and 48, fully enclosed 11
inch glass or plexiglass balcony barriers shall be required to be constmcted (
story unit balconies.
This project is approved subject to the condition that residential water
measures including water efficient plumbing fixtures in conformance with St;
Laws and Poliaes, be incorporated into the project's design.
prior to the recordation of the first final tract map or the issuance of resider
permits, whichever is first, the owner of record of the property within the E
this tentative tract map shall prepare and record a notice that this property
overflight, sight, and sound of aircraft operating from McClellar-Palomar
manner meeting the approval of the Planning Director and the City At
applicant shall post aircraft noise notification signs in all sales and/or 1
associated with the new development. The number and locations of said I
approved by the Planning Director.
The applicant shall submit a street name list consistent with the City's streel
subject to the Planning Directox's approval prior to final map approval.
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23. An exterior lighting plan for the trailhead parking area shall be submitted
Director approval. All lighting shall be designed to reflect downward a1
impacts on adjacent homes or propem.
24. This project is approved subject to the understanding that all required hl material shall be obtained from the Aviara Master Plan Area. If this importe
obtained from any other area, then a complete environmental review and ot
pennits shall be required.
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25. The applicant shall prepare a detailed landscape and irrigation plan whi
submitted to and approved by the Planning Director prior to the issuance o
building permits, whichever occurs first. All residential streets trees prop
required to be low canopy trees (ie, Carob or Evergreen Pear).
26. A master plan of the existing onsite trees shall be provided to the Planning Dir
of the final grading plan to determine which trees shall be required to be pre
to the issuance of a grading permit or a building permit, whichever occurs f
27. All landscaped areas shall be maintained in a healthy and thriving conditio
weeds, trash, and debris.
28. Existing onsite trees shall be retained wherever possible and shall be trim
topped. Dead, decaying or potentially dangerous trees shall be approved fo
the discretion of the Planning Department during the review of a Master Pla:
showing existing onsite trees. Those trees which are approved for rem0
replaced on a tree-for-tree basis as required by the Planning Department.
29. The developer shall install street trees at the equivalent of 40-foot interv:
public street frontages in conformance with City of Carlsbad standards. The 1
of a variety selected from the approved Street Tree List.
30. Preliminary landscape plans shall be submitted.
31. AU landscape plans shall be prepared to conform with the Landscape Guide1
and submitted per the landscape plan check procedures on file in ti
Department.
32. Landscape plans shall be designed to minimize water use. Lawn and other z
(see Landscape Guidelines Manual) shall be limited to areas of special visua
or high use. Mulches shall be used and irrigation equipment and design SI
water conservation.
33. The developer shall avoid trees that have invasive root systems, produce e1 and/or are too large relative to the lot size.
34. Prior to final occupancy, a letter from a California licensed landscape arch
submitted to the Planning Director certifying that all landscaping has bee1
shown on the approved landscape plans.
35. All herbicides shall be applied by applicators licensed by the State of Califo
36. The applicant shall pay a landscape plan check and inspection fee as requirt
20.08.050 of the Carlsbad Municipal Code.
37. The first set of landscape and irrigation plans submitted shall include submi
plans, improvement plans and grading plans.
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38. All landscape and irrigation plans shall show existing and proposed contom
match the grading plans in terms of scale and location of improvements.
39. Mature trees which are removed shall be replaced one to one with minim1
specimen. Each case shall be reviewed by the Planning Director.
40. The number of trees in a residential project shall be equal to or greater than
of residential units.
41. The developer shall display a current Zoning and Land Use Map in the sales
times, or suitable alternative to the satisfaction of the Planning Director.
42. All sales maps that are distributed or made available to the public shall incl
be limited to trails, future and existing schools, parks, and streets.
43. As part of the plans submitted for building permit plan check, the applicant 5
a reduced version of the approving resolution (including Attachment "A") on
blueline drawing. Said blueline drawing(s) shall also include a copy of an
Coastal Development Permit and signed approved site plan.
44. Approval is granted for HDP 89-37, as shown on Exhibits "C" - "F", dated Se
1990, incorporated by reference and on file in the Planning Department. 1
shall occur substantially as shown on the approved exhibits. Any proposed gra
development substantially different from this approval as determined by t
Director, shall require an amendment to this Hillside Development Permit.
45. This project is approved subject to compliance with all conditions of approva
Attachment "A".
46. Prior to the issuance of a grading permit or the recordation of the final IMF
applicant shall receive a Coastal Development Permit that approves devdoF
in substantial conformance with this City approd The Coastal Permit shall
to be submitted to the City Planning Department for review prior to the i
gradingpermit
Engineering Conditions:
47. No grading permits shall be issued for this subdivision prior to recordatior
map.
48. The developer shall obtain a grading permit prior to the commencement of
or grading of the site.
49. Upon completion of grading, the developer shall ensure that an "as-graded ; be submitted to the City Engineer. The plan shall clearly show all the geolol
by the grading operation, all geologic corrective measures as actually construc
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be based on a contour map which represents both the pre and post site gradins
shall be signed by both the soils engineer and the engineering geologist. Thl
be prepared on a mylar or similar drafting film and shall become a per mane^
50. A separate grading plan shall be submitted and approved and a separate gra
issued for the borrow or disposal site if located within the city limits.
51. Prior to hauling dirt or construction materials to any proposed construction sit4
project the developer shall submit to and receive approval from the City Engi
proposed haul route. The developer shall comply with all conditions and requi
City Engineer may impose with regards to the hauling operation.
52. The developer shall exercise special care during the construction phase of th
prevent offsite siltation. Planting and erosion control shall be provided in acco
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
53. The developer shall construct desiltatioddetention basins of a type and
locations as approved by the City Engineer. The developer shall enter into
basin maintenance agreement and submit a maintenance bond satisfactoq
Engineer prior to the approval of grading, building permit or final map whicl.
first for this project. Each desiltation basin shall be serviced by an
access/maintenance road. The provisions of this agreement shall apply tc
borrow sites which may be utilized in the construction of this project as req
City Engineer.
54. Rain gutters must be provided to convey roof drainage to the front yard whel
the satisfaction of the City Engineer.
55. Additional drainage easements and drainage structures shall be provided or ir
to the issuance of grading or building permit as may be required by the Ciq
56. The developer shall make an offer of dedication to the City for all public
easements required by these conditions or shown on the tentative map. TI
be made by a certificate on the final map for this project. All land so off(
granted to the City free and clear of all liens and encumbrances and with01
City. Streets that are already public are not required to be rededicated.
57. Direct access rights for all lots abutting Batiquitos Drive shall be waived on t
Except for the 30 foot opening to Lots 63 and 64.
58. Prior to approval of any grading or building permits for this project, the ow
written consent to the annexation of the area shown within the boundaries o
into the existing City of Carlsbad Street Lighting and Landscaping District No
shall be provided by the City during the improvement plancheck process.
59. Runoff from this project is conveyed to environmentally sensitive areas. T
shall provide adequate means of eliminating grease and oils from &air
discharge as shown on the desiltationhban pollutant reduction basin detail4
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"A" and "G" dated &pt& 18, 1990. Final plans for such improvemel
approved by the City Engineer prior to issuance of grading or building perm!
60. Plans, specifications, and supporting documents for all improvements shall be
the satisfaction of the City Engineer. Prior to approval of the final map in
with City Standards the Developer shall install, or agree to install and
appropriate security as provided by law, improvements shown on the tentati
the following improvements:
unit 1
A. Extension of storm drain from Broccato Lane North along Batiqu:
connect to the storm drains in Poppy Lane and Daisy Lane in
proposed or existing drainage inlets on Batiquitos Lane south of
B. Batiquitos Drive from its existing terminus to the projects eastern
modified secondary arterial standards shown on the tentative m:
C. All street, drainage and utility improvements within the Unit 1 E
D. The desiltatiodurban pollutant reduction basin located at the s
the project site, per Exhibits "A" and "G", dated September 18, l!
E. Modification to existing desiltation basin outlet pipe at Batiquitc
Poinsettia Lane to bring it into compliance with present design s
unit 2
A. All street, drainage and utility improvements within the Unit 2 1
A note to this effect shall be placed on an additional map sheet on the final
provisions of Sections 66434.2 and 66445 of the Subdivision Map Act.
61. Some improvements shown the tentative map and/or required by these c(
located offsite on property which neither the City nor the subdivider has suff
interest to permit the improvements to be made without acquisition of titl
The Developer shall conform to Section 20.16.095 of the Carlsbad Municip'
62. Improvements listed above shall be constructed within 18 months of final II
63. Irrigation systems to accommodate future reclaimed water shall be design
with Tide 17 of the California Administrative Code. Offsite future recl
distribution systems should be anticipated by the installation of adequately
at crossing points to minimize street excavation.
64. Prior to approval of the final map the developer shall enter into an agreen
City to pay any drainage area fees established as a result of the forthcc
Drainage Plan Update.
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65. The developer shall comply with all the rules, regulations and design require1
respective sewer and water agencies regarding services to the project.
66, The developer shall be responsible for coordination with S,D,G.&E,, Pacific Tell
Cable TV authorities.
67. All concrete terrace drains shall be maintained by the homeowner's associ
commonly owned property) or the individual property owner (if on an individ
lot). An appropriately worded statement clearly identifying the responsibi
placed in the CC&R's.
68. Approval of this tentative tract map shall expire twenty-four (24) months fr
of City Council approval unless a final map is recorded. An extension may 1
by the applicant. Said extension shall be approved or denied at the discretio:
Council. In approving an extension, the City Council may impose new conditil
revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Mur
69. The applicant shall agree to utilize reclaimed water, in Type I form, on
property in all common areas as approved by the City Engineer. Reclaimc
defined in Section 1305(n) of the California Water Code, means water whicl
of treatment of wastewater, is suitable for a direct beneficial use or contro;
would not otherwise occur.
70. Direct access rights for Lots 2, 15, 17, 26, 27, 33, 34, 39, 47 and 55 in and
Lane shall be waived on the final map.
71. The median landscaping in Batiquitos Drive shall be maintained in perpe
homeowners association or a maintenance district as may be established to thq
of the City. Prior to the final map approval, appropriate wording ar
requirements shall be included in the CC&R's or a maintenance district shall b
to the satisfaction of the City Engineer and City Attorney.
72. This project is approved as a two unit project. Should the developer decide
and develop out of numerical sequence with the units shown on the tent:
conditions and improvement requirements of the proceeding unit shall be con
satisfaction of the City Engineer.
72(A) Prior to the issuance of building permits for Lots 33, 34, 39-48 and 5:
disclosure shall be placed on the deed to these properties subject to the satis1
Planning Director and City Attorney notifying all interested parties and :
interest that soils and geologic conditions exist on such property requir
measures specified in geotechnical and soils reports submitted for this pro
these soils and geotechnical reports and other project details are on file wil
carlsbad Planning Department. The Developer has been conditioned to corn
remedial measures and certifies that it (developer) has complied with said 1
73. The lots in the lower portion of the project (lots 33,34,3948,53,54,55 ax
are at or below the existing 20 foot contour, are underlain with satura
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material and are subject to some settlement due to liquefaction during a s
Even though remedial measures have been proposed to mitigate these sei
impacts some danger to the pad or structures located thereon may still
developer shall therefore record a soils and geotechnical hold harmless ag
form acceptable to the City Ehgineer and City Attorney prior to final map i
addition a geotechnical caution notice written in verbiage acceptable to the <
shall be placed on the final map for Unit 1.
74. All grading erosion control and building site plan design and construction sh
the requirements of the Earth and Hydrological Mitigation Measures t
Appendix L of the final environmental impact report for the project.
75. Grading operations shall be limited to the days between June 1 and Octa
otherwise approved by the City Engineer, Planning Director and California D
Fish and Game and Coastal Commission. Any approval to grade prior to Ju
negatively impact the California Black Tailed Gnatcatcher.
based upon idonnation satisfactory to the above agencies that such grad
76. prior to grading permit issuance, the developer shall submit a dust control pr(
site for approval of the City Engineer. The program shall detail the meam
to comply with the Air quality mitigation measures as contained in Appendix
Environmental Impact Report for the project.
77. No building permit shall be issued for the project until and unless there
capacity within the Batiquitos lift station as determined by the City Enginet
78. One of the model units for this project shall be landscaped with drought to1
subject to the approval of the Planning Director. Prior to issuance of buildk
the model units, the developer shall prepare a homebuyers landscaping infom
which indudes information on drought tolerant landscaping designs p
recommended trees and schrubs, and a one page letter containing the s
by the City Landscape Planchecker and included within the disclosu
homebuyers during sale of the property.
landscaping recommendations for the building pad sites. This packet shall
79. Based upon a review of the proposed grading and the grading quantities I
tentative map, a grading permit for this project is required Prior to apprc
map for the project, the applicant must submit and receive approval for gra
accordance with City codes and standards, be issued a grading permit and
gradkg work in substantial conformance with the approved grading plans.
80. The desiltation basin located at the south end of the project site will be mai~
Homeowners Association on a permanent basis. The association agreemm
and the project Cm’s shall contain provision for the regular maintenance
the facility to the satisfaction of the City Engineer and City Attorney.
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Water Conditions:
81. The Developer shall meet all conditions of the District's adopted Master P:
Developer shall install all offsite water improvements necessary to provic
pressure and demand.
82. The Developer shall meet with the Fire Marshal and the District Engineer an(
preliminary water system layout PRIOR to preparation of the mylar improva
83. The Developer shall be responsible for the construction of the entire water
and the relocation of existing water line). The Developer must meet with the
resolve Developer/Dishict part in installing the 16" water line instaUati
Interstate No. 5.
appurtenances (which includes the construction of water lines, pressure redu
84. The Developer will be responsible for all fees and deposits of subject project il
mjor facilities charge which will be collected at time of issuance of buildin:
Fire Conditions:
85. Additional public and/or onsite fire hydrants shall be provided if deemed necc
Fire Marshal.
86. The applicant shall submit two (2) copies of a site plan showing locations of
proposed fire hydrants and onsite roads and drives to the Fire Marshal for ay
to issuance of a building permit.
87. An all-weather access road shall be maintained throughout construction.
88. All required fire hydrants, water mains and appurtenances shall be operati!
combustible building materials begin located on the project site.
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89. Fire retardant roofs shall be required on all structures.
90. Brush clearance shall be maintained according to the specifications containt
of Carlsbad Landscape Guidelines Manual.
91. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklt
systems pertinent to the project shall be submitted to the Fire Department
prior to construction.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning (
of the City of Carlsbad, California, held on the 17th day of October, 1990, by the foU
to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, McFadden,
Marcus.
NOES: None.
ABSENT: Commissioners Hall and Holmes.
ABSTAIN: None.
SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSIOI
I I ATTEST:
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PC RES0 NO. 3110 -13-
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ATTACHMEI
BROCCATO
MITIGATION MEASURES
1. - Earth
1. Prior to the issuance of any grading permits, the applicant shall submit a detailec
comprehensive geotechnical emhation prepared by a professiond sails engineer fc
the review and approval of the City Engneer,
2. Areas of alluvial and colluvial soils shall be indicated on the grading plans. A no]
shall be placed on the grading plans which indicates, "AUuvial and colluvial so
shall be completely removed to the depth at which bedrock is encountered in are
which will support structures or structural fill. Partial removal of at Ieast 5 feet
alluvium in the main valley floor shall be performed in areas where the depth
alluvial material precludes total removal."
3. All fill grading operations shall be supervised by a professional soils engineer.
4. During the grading period, the applicant shall; install a minimum of three settlemf
monuments at the prepared surface of the alluvium, the pipe extended to the sufi
as fill is placed, and levels shot by the project surveyor. Prior to issuance of 2
building permits, primary settlement shall be complete. This provision shall monitored by a professional soils engineer.
5. Prior to issuance of Certificates of Occupancy for structures planned in the alluvi
area as identified on the grading plan, the developer shall install heavily reinfor
foundation systems per the recommendations contained in the Geotechnical Rep
6. Prior to issuance of any building permits, the developer shall submit for review,
approval to the City Building Department plans which conform to the Unif(
Building Code (UBC) and the City's Seismic Design Standards.
7. During the construction period, a profession soils engineer shall monitor tempo
catch basins and shall ensure that collected sediments are properly disposed
Class I1 or Class 111 soil disposal site. A note to this effect shall be placed on
approved grading plan.
8. Grading operations shall be limited to the days between June 1 and Octob
unless otherwise approved by the City Engineer, Planning Director, Co' Commission and California Department of Fish and Game
11. Air oualitv
9. A note shall be placed on all grading plans specifying that sading shall be do
compliance with SDAPCD and CARB standards and requirements and dust co
standards in Title 24 of the California Administrative Code. The City Engine
Department shall monitor for compliance during all grading operations o
project.
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10. A note shall be placed on all grading plans specrfying that watering of the grade site shall take place before and during grading operations to minimize du:
generation. A water ~~Wttucks shall be required to be onsite at all times to th
satisfaction of the City Engineer. The City Engineering Department shall monitc
for compliance during all grading operations of the project.
III. HvdroIo!zy
I I. Gravel bags shall be placed in gutters and other locations during the period betwec
October 1 to April 15 to the satisfaction of the city Engineer.
12. All graded pads not intended to be immediately built upon and cut/fiU slopes sh
be hydroseeded, fertilized and hydromulched with a seed mix approved by the Ci
Engineer immediately following their completion and not later than October 1
each year.
13. The applicant shall prepare and submit a detailed Habitat Enhancement Landsca
and Irrigation Plan. This plan shall require the approval of the Planning Direc
and the Department of FHh and Game, prior to the issuance of a grading permi
14, The applicant shall maintain the plantings and erosion control devices on the s
until relieved of the responsibility by the homeowners association or the (
Engineer.
15. Prior to grading permit issuance, the applicant shall submit for the review i
approval by the City Engineer, a plan for emergency erosion control includ
provisions for equipment and workers to be available at all times during the ra
season (October 1 to April 15). All necessary emergency erosion control der
shall be stockpiled on the site at convenient locations to facilitate rapid construct
of temporary devices when rain is imminent. All removable erosion control dev
shall be in place at the end of each working day when the five day rain probab
forecast exceeds 40 percent.
16. The applicant shall install any erosion control measure, in addition to tI identified on the approved grading plan, as required by the City Engineer du
incomplere grading operations or unforeseen circumstances which may arise.
17. A note shall be placed on the grading plans indicating that at the conclusion oft working day, all graded areas around the project perimeter must drain away ’
the face of the slopes.
IV. BM
18. Areas of biological sensitivity, including lagoon wetlands, wetlands buffer, co
salt marsh and areas of Coastal Sage Scrub where development is not to c
according to the site plan, shall be identified and noted as being off-hit
construction activity on the grading plans. These areas shall be staked and fla
in the field by a qualified biologist acceptable to the Planning Director.
qualified biologist shall certiry through biweekly written reports, that the sen
areas are not being disturbed.
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Prior to the issuance of a grading permit, the applicant shall submit a detaile
Habitat Enhancement Plan for review and approval by the Planning Director and th
California Department of Fish and Game. Prior to the issuance of any Certificatf
of Occupancy, the developer, in consultation with a qualified biologist experience in native plant restoration work, shall implement the Habitat Enhancement Plan
buffer area shall be enhanced and restored to its natural condition by revegetati
tracks and other disturbances. Equipment to be used to complete such wetland a1
buffer enhancement shall be specified by the Department of Fish and Game.
Prior to issuance of a grading permit, the applicant shaIl submit for the review a~
approval of the Planning Director evidence confirming that a qualified consulti.!
biologist has been retained to supervise and monitor biological mitigation duri
construction.
Prior to the issuance of any grading permit, the applicant shall provide evider
acceptable to the Planning Director that the consulting biologist has attended
least one meeting with the general construction contractor to become acquainl
with the construction schedule and to familiarize the contractor with the requh
biological mitigation conditions.
During the grading and construction phase of the project, the consulting biolo:
shall monitor grading adjacent to native vegetation to be preserved or when i
construction is under way in the designated wetland buffer. The biologist I
temporarily halt, divert, or redirect construction activity to insure that impact:
biological resources are minimized. The consulting biologist shall restrict acces
sensitive areas, inform construction workers about out-of-bounds areas, and mon
the work as it proceeds.
The consulting biologist shall supervise revegetation of all native or enhan
habitat areas according to the specifications of the Habitat Enhancement Plan.
biological resource areas inadvertently or accidentally disturbed shall be subjet
restoration to the satisfaction of the Department of Fish and Game and the Plm
Director.
Prior to building permit issuance, a program which provides for the monitorin
the biological resources and the Habitat Enhancement Plan for a period of five y
and which requires that reports be filed with the Department of Fish and. Game
the City of Carlsbad on an annual basis shall be submitted for review and appr
by the Planning Director. Any corrective action requested in writing by the
Planning Director or the Department of Fish and Game to achieve compliance
the goals of the Habitat Enhancement Plan during this five year period sha
implemented within 60 days or as specified by the City. 1
Prior to issuance of a grading permit, the applicant shall record a deed restxi
over the entire 100-foot wetland buffer setback area to restrict the property for
space/wildlife uses only, except for the following: a) public access provided b trail, road, and parking lot as shown on the final map, and b) a desiltation 1
Private improvements, such as storage buildings, pools, spas, etc., sha
specifically prohibited.
approved. As part of the Habitat Enhancement Plan, the wetland and wetla
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V. Noise
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Prior to the issuance of any building permit, the applicant shall submit evidence
satisfactory to the Planning Director that an offer of dedication of the wetland an(
wetland buffer has been made to the State Lands Commission.
Prior to the occupancy of any of the dwelling units, the project applicant shall bl required to construct a sound attenuation wall/berm ranpg berween 6 and 8 fet
in height along the western and/or southern property lines of lots 41, 42, 43, + 45, 46 and 48 consistent with the recommendations of the Supplemental Nois
Analysis for Broccato at Batiquitos Shores, (Recon, 19%).
Prior to the occupancy of units on lots 40 - 48, mechanical ventilation shall 1
required to be incorporated into these structures consistexg with tl
recommendations of the supplemental Noise Analysis for Broccato at Batiquitl
Shore (Recon, 1990).
Prior to the occupancy of units on lots 44, 45,46 and 48, fully enclosed 3/8 in8
glass or plexiglass balcony barriers shall be required to be constructed on all seco
story unit balconies.
Prior to the recordation of the fkst final tract map or the issuance of resident
building permits, whichever is first, the owner of record of the property within t
boundaries of this tentative tract map shall prepare and record a notice that t
property is subject to overflight, sight, and sound of aircraft operating from Palon
Airport in a manner meeting the approval of the Planning Director and the C
Attorney. The applicant shall post aircraft noise notification signs in all sales andt
rental offices associated with the new development. The number and locations
said signs shall be approved by the Planning Director.
Prior to issuance of any Certificate of Occupancy, all required noise mitigatio~
specified in the Supplemental Noise Analysis for Broccato at Batiquitos Shc
(Recon, 1990), shall be complied with and construction of the residences shal:
in conformance with the approved plans to the satisfaction of a City Builc
Department Inspector.
A note shall be placed on all building plans specifying the hours that const~c
activities may occur. The City Building Inspector shall stop construction activ
on the site between the hours of sunset and 7 a.m. Monday through Friday
sunset through 8 a.m. on Saturday. No construction will be permitted on Sund
All construction equipment, fixed or mobile, operated within 1,000 feet o
occupied dwelling unit shall be equipped with properly operating and mainta
mufner exhaust systems. This provisions shall be monitored by the City Buil
Department Inspector.
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VI. Land Use
34. Prior to issuance of any Certificates of Occupancy, the applicant shall install 2 barrier as identified on the Final Tract Map, along the southern edge of the
Batiquitos Lagoon trail to provide a barrier to access. Interpretive signs, consistenr
with those along the Ah trail, shall be provided at the trail head and/or along
the trait at ~ocath subject to the review and approval of fie Planning Dkectori
VII. Utilities
35. The project shall implement water comemation xueasures such as water-efficiex
plumbing fixtures and water reclamation standards in conformance with State an
Local Law and Policies.
VIII. Cultural Resources
36. Prior to issuance of any grading permits, the location of SDi-600 shall be identific
with stakes and flagged as off-limits to construction activity or grading associatc
with the project. The marking devices shall remain on the site at all times durh
project construction.
37. SDi-600 shall be identified on the grading plans as off-limits to all consmcti activity,
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