HomeMy WebLinkAbout1990-12-19; Planning Commission; Resolution 3153i ?, 0 1)
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PLANNING COMMISSION RESOLUTION NO. 3153
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER TENTATIVE TRACT
MAP FOR AVIARA PHASE I1 ON PROPERTY GENERALLY LOCATED NORTH OF
BATIQUITOS LAGOON, SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE I.
CASE NAME: AVIARA PHASE I1
CASE NO.: CT 89-37
WHEREAS, a verified application for certain property to wit:
Portion of Sections 22,26,27,28,33 and 34 in Township 12 south, Range 4 west,
in the City of Carlsbad
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of December, 1990, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of CT 89-37, based on the following findings and subject to the following
conditions: I
FhdiIlES:
1. The project is consistent with the City‘s General Plan and MP-177 since the maximum
permitted density of 1.95 du’s/acre is within the density range of 0-4 du’s/acre specified
for the site as indicated on the Land Use Element of the General Plan, and is at or below
the growth control point of 3.2.
2. The site is physically suitable for the type and density of the development permitted
through Master Plan 177.
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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 withh 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
School District.
Park-in-lieu fees are required as a condition of approval.
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.
Proposed future residential projects are compatible with the surrounding future land uses
since surrounding properties are designated for residentiaopen space development on the
General Plan.
This project will not cause any significant environmental impacts and a Mitigated Negative
Declaration has been issued by the Planning Director on September 6, 1990 and
RECOMMENDED FOR APPROVAL by the Planning Commission on December 19,1990.
In approving this Negative Declaration the Planning Commission has considered the initial
received regarding the significant effects this project could have on the environment.
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 Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project is consistent with the City's Growth Management Ordinance as it has been
conditioned to comply with any requirement approved as part of the Local Facilities
Management Plan for Zone 19.
This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside
Ordinance) and meets all the requirements of that Chapter to ensure the sensitive
treatment of the City's hillside resources.
study, the staff analysis, all required mitigation measures and any written comments
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13. The Master Tentative Tract Map, CT 89-37, satisfies all requirements of the Subdieon
1 Ordinance and the State Map Act
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14. As discussed in the staff report, this project adequately mitigates encroachment into coastal
Lagoon Local Coastal Programs.
deed restricted areas.
15. The project, CT 89-37, is in compliance with the underlyjng Mello I and East Batiquitos
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conditions:
1. Approval is granted for CT 89-37, as shown on Exhibit(s) "A" - "Z", dated November 9,
7 1990, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions.
8 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the
the conditions of approval by the City. The Map copy shall be submitted to the City 9
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Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect
Engineer prior to building, grading or improvement plan submittal, whichever occurs first.
11 3. 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 withh and 12 adjacent to the project.
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4. This project is approved upon the express condition that the final map shall not be
approved unless the City Council finds as of the time of such approval that sewer service
is available to serve the subdivision.
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5. This project is also approved under the express condition that the applicant pay the public
facilities fee adopted by the City Council on July 28, 1987 and as amended from time to
time, and any development fees established by the City Council pursuant to Chapter 21.90
of the Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or facilities and improvement plan and to fulfill the subdivider's
agreement to pay the public facilities fee dated November 6,1989, a copy of which is on
file with the City Clerk and is 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 will
be void.
21 6. 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 unless previously excluded
22 by the Parks Agreement between the City and Aviara Land Associates dated June 1,1989.
23 7. The applicant shall provide school fees to mitigate conditions of overcrowding as part of
time of building permit application. All or a portion of said fees may be waived subject 24
building permit application. These fees shall be based on the fee schedule in effect at the
to the approval of the Garbbad Unified School District. 25
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8. Water shall be provided to this project pursuant to the Water Service agreement between
1 the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983.
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9. This project shall comply with all conditions and mitigation required by Master Plan 177
and the Zone 19 Local Facilities Management Plan approved by the City Council on
December 22, 1987, incorporated herein and on file in the Planning Department and any
future amendments to the Plans made prior to the issuance of building permits.
10. 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
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.
11. 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.
12. Approval of CT 89-39 is granted subject to the approval of MP-l77(B), LCPA 90-5, HDP
90-2.
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13. The applicant shall annex the Aviara Phase II open space areas into the Aviara Master
14 14. The applicant shall prepare a detailed manufactured slope landscape and irrigation plan
which shall be submitted to and approved by the Planning Director prior to the issuance
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33 15. A master plan of the existing onsite trees shall be provided to the Planning Director as part
of the final grading plan to determine which trees shall be required to be preserved prior
homeowner's association prior to final map approval.
17 to the issuance of a grading permit or a building permit, whichever occurs first.
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16. All landscaped areas shall be maintained in a healthy and thriving condition, free from
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weeds, trash, and debris.
17. Existing onsite trees shall be retained wherever possible and shall be trimmed and/or
topped. Dead, decaying or potentially dangerous trees shall be approved for removal at
the discretion of the Planning Department during the review of a Master Plan submitted
showing existing onsite trees. Those trees which are approved for removal shall be
22 replaced on a tree-for-tree basis as required by the Planning Department.
23 18. The developer shall install street trees at the equivalent of 40-foot intervals along all
19. Preliminary slope landscape plans shall be submitted. 25
of a variety selected from the approved Street Tree List. 24
public street frontages in conformance with City of Carlsbad standards. The trees shall be
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20. All landscape plans shall be prepared to conform with the Landscape Guidelines Manual
and submitted per the landscape plan check procedures on file in the Planning Department.
21. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants
(see Landscape Guidelines Manual) shall be limited to areas of special visual importance
or high use. Mulches shall be used and irrigation equipment and design shall promote
water conservation.
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23. The applicant shall pay a landscape plan check and inspection fee as required by Section ' 22. All herbicides shall be applied by applicators licensed by the State of California.
7 20.08.050 of the Carlsbad Municipal Code.
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24. A landscape mitigation plan for the removal of mature trees shall be submitted for
approval by the Planning Director prior to the issuance of grading permits.
25. As part of the plans submitted for building permit plan check, the applicant shall include
a reduced version of the approving resolutionhesolutions on a 24" x 36 blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
26. All conditions of Mitigated Negative Declaration Resolution No. 3150 are incorporated
herein by reference.
27. Prior to final map approval for CX 89-37, the project applicant or their successor in
interest shall enter into an agreement with the City to provide the Aviara Master Plan's
proportional share of the Citfs total obligation for very low, low and moderate income
housing units.
28. This project is approved subject to the condition that the on-site scenic trail be constructed
by the Master Developer (Aviara Land Associates) concurrent with the development of
each of the individual planning areas in proximity to the trail. i
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be required to be landscaped subject to the review and approval of the Planning Director.
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29a. (I) h-ior to issuance of a grading pkt the developer should present a letter to the City
of Carlsbad indicating that a qualified paleontologist has been retained to carry out
the resource mitigation. (A qualified paleontologist is defined as an individual with
procedures and techniques.) 22 a MS or PhD in paleontology or geology and who is familiar with paleontological
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grading and excavation contractors.
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(2) A qualified paleontologist should be at the pregrade meeting to consult with the
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(3) A paleontological monitor should be onsite at all times during the original cutting
of previously undisturbed sediments of the Santiago Formation, Del Mar Formation,
and Pleistocene marine terrace deposits to inspect cuts for fossils. (A paleontological
monitor is defined as an individual who has experience in the collection and salvage
of fossil materials. The paleontological monitor should work under the direction of
a qualified paleontologist)
(4) In the event that well-preserved fossils are discovered, the paleontologist (or
paleontologid monitor) should be allowed to temporarily direct, divert, or halt
grading to allow recovery of fossil remains in a timely manner. Because of the
potential for the recovering of small fossil remaiTls such as isolated teeth, it may be
necessary to set up a screen-washing operation on the site.
(5) Fossil remains collected during this salvage program, with the owner's permission,
should be deposited in a scientific institution with paleontological collections such
as the San Diego Natural History Museum.
(6) Following completion of the above conditions, a summary report of findings
(including a list of fossiliferous localities, a map showing localities, and copies of
pertinent field notes) should be tumed in to the City of Carlsbad.
Engineering Conditions:
30. This project is located within the Mello I and the East Batiqyitos Lagoon Local Coastal
Plans. All development design shall comply with the erosion control, drainage, and
grading requirements of that plan.
31. Unless a standard variance has been issued, no variance from City Standards is authorized
by virtue of approval of this tentative map.
32. The developer shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
33. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and
Cable TV authorities.
34. This project is approved specifically as 1 (single) unit for recordation purposes.
35. All concrete terrace drains shall be maintained by the property owner. A note to this
effect shall be placed on an additional map sheet on the final map.
36. Approval of this tentative tract map shall expire twenty-four (24) months from the date
of City Council approval unless a final map is recorded. An extension may be requested
by the applicant. Said extension shall be approved or denied at the discretion of the City
Council. In approving an extension, the City Council may impose new conditions and may
revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
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37. Prior to approval of the final map the developer shall enter into an agreement with the
1 City to pay any drainage area fees established as a result of the forthcoming Master
Drainage Plan Update.
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38. The owner of the subject property shall execute a hold harmless agreement regarding 3 drainage across the adjacent property prior to approval of the final map for this project.
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39. The applicant shall agree to utilize reclaimed water, if available, in Type I form, on the
subject property in all common areas as approved by the City Engineer. Reclaimed water,
as defined in Section 1305(n) of the Porter-Cologne Water Quality Act (Water Code
Section 13020 et.seq.), means water which, as a result of treatment of wastewater, is
suitable for a direct beneficial use or controlled use that would not otherwise occur.
40. The subject property is within the boundaries of Assessment District No. 88-1 (Alga Road).
Upon the subdivision of land within the district boundaries, the subdivider may pass
through assessments to subsequent owners & if the subdivider has executed a Special
Assessment district Pass-Through Authorization Agreement. Said agreement contains
provisions regarckg notice to potential buyer of the amount of the assessment and other
provisions and requires the subdivider to have each buyer receive and execute a Notice of
Assessment and an Option Agreement. In the event that the subdivider does not execute
the Authorization Agreement, the assessment on the subject property must be paid off in
full by the subdivider prior to anv subdivision of the land.
41. As required by State law, prior to the recordation of a final map over any of the subject
property, an application for segregation of assessments must be submitted for all
subdivided lots. By applying for a segregation of assessments, the subdivider agrees to pay
the fee to cover the costs associated with the segregation. A segregation is not required
if the subdivider pays off the assessment on the subject property prior to the recordation
of the final map. In the event a segregation of assessments is not recorded and property
is subdivided, the full amount of assessment will appear on the tax bills of g& new lot
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42. No grading permits shall be issued for this subdivision prior to recordation of the final
map unless otherwise approved by the City.
43. Based upon a review of the proposed grading and the grading quantities shown on the
20 permit for the project, the applicant must submit and receive approval for grading plans
in accordance with City codes and standards, be issued a grading permit and complete the
21 grading work in substantial conformance with the approved grading plans.
22 44. The developer shall include top-soil preservation and rollback and redisking on cut/fill
slopes proposed for native revegetation to ensure stability and growth subject to the
23 approval of the City Engineer and Planning Director. The top-soil shall be rolled back to
a depth of six inches from approved areas. The soils shall be stockpiled on-site and
24 protected against erosion to the satisfaction of the City Engineer and Planning Director.
25 45. Prior to issuance of the grading permit temporary runoff control devices shall be phced
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19 tentative map, a grading permit for this project is required. Prior to issuance of a building
along the lagoon buffer to the satisfaction of the City Engineer.
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46. The developer shall obtain a grading permit prior to the commencement of any clearing
or grading of the site.
47. Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan
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 contour map which represents both the pre and post site grading. This plan
be prepared on a mylar or similar drafting film and shall become a permanent record,
shall be signed by both the soils engineer and the engineering geologist, The plan shall
48. No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the developer is
unable to obtain the grading or slope easement, he must either amend the tentative map
or change the slope so grading will not occur outside the project site in a manner which
substantially conforms to the approved tentative map as determined by the City Engineer
and Planning Director. A copy of these easements shall be submitted to the City prior to
the sale of any of these lots or prior to submittal of a grading plan, whichever occurs first.
49. 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.
50. 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.
51. The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
52. The developer shall construct desiltation/detention basins of a type and size and at
locations as approved by the City Engineer. The developer shall enter into a desiltation
basin maintenance agreement and submit a maintenance bond satisfactory to the City
Engineer prior to the approval of grading, building permit or final map which ever occurs
first for this project. Each desiltation basin shall be serviced by an all-weather
access/maintenance road. The provisions of this agreement shall apply to any offsite
borrow sites which may be utilized in the construction of this project as required by the
City Engineer.
53. Additional drainage easements and structures may be required prior to the issuance of
grading permit. Drainage structures shall be installed prior to issuance of building permit
as may be required by the City Engineer-
54. AU utility lines shall be sized to allow maximum development in each planning area as
speciried in MP-177(B).
55. The developer shall design and install any checkdams as required by the City Fngineer.
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The developer shall place the following note on a separate sheet of the final map for Lots
3 and 4:
Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise
through any geological failure, ground water seepage or land subsidence and subsequent
damage that may occur on, or adjacent to, this subdivision due to its construction,
operation or maintenance.
Any encroachment throughout construction into deed restricted or undisturbed open space
for the purpose of 5dhg will require an amendment to the tentative map and approval
of the California Coastal Commisioa A note to this effect shall appear on the final
gradingpk
Prior to the commencement of any grading activities, the developer shall fence off the deed
restricted and undisturbed open space to the satisfaction of the City Engineer and the
Planning Director. A note to this effect shall appear on the Sna gradhg phns.
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59. The final geotechnical recommendations and stability calculations may be subject to a
third party review paid for by the developer.
60. The developer shall install monitoring devices during buttress construction near existing
structures. These monitoring devices shall act as an early waming should the ancient
landslides begin to move. A note to this effect shall appear on the grading plan.
61. During buttress excavation, suffiaent soils shall be available within a "short-haul" distance
to quickly refill the buttress after the slideplane is exposed. A note to this effect shall
appear on the grading plan. ~ 1
62. The developer shall make an offer of dedication to the City for all public streets and ~
easements required by these conditions 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 be
City. Streets that are already public are not required to be rededicated,
63. Lot 5 and Lot 6 shall be connected by a public street other than Batiquitos ]Drive as
indicated on the tentative map. A note to this effect shall be placed on an additional map
sheet on the final map per the provisions of Sections 664342 and 66445 of the
Subdivision Map Act
64. Lot 11, an open space lot shall be deeded over to the Ah Resort Association concurrent
with final map recordation per the agreement between the developer and the Aviara
Resort Association. Lot 11 is a non-buildable lot. A note to this effect shall be placed on
an additional map sheet on the final map per the provisions of Sections 66434.2 and
66445 of the Subdivision Map Act
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65. Lot 10 is for public utility purposes only. A note to this effect shall be pIaced on an
additional map sheet on the final map per the provisions of Sections 664342 and 66445
of the Subdivision Map Act
66. Emergency access to Daisy Avenue shall be provided from Lot 8. A note to this effect shall
be placed on an additional map sheet on the final map per the provisions of Sections
664342 and 66445 of the Subdivision Map Act. The security gate shall be located at the
subdivision boundary and be provided with "knox" key operated ovenide switch, as
specified by the Fire Depart~nent. The design of the gate shall be subject to the approval
of the Fire Marshal and the Planning Director.
67. Direct access rights for all lots abutting Alga Road, Batiquitos Drive and Kestrel Drive
except those entrances for ingress and egress as noted on the tentative map, shall be
waived on the final map.
68. Prior to approval of any grading or building pennits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the site plan
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form
shall be provided by the City during the improvement plancheck process.
69. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider
shall provide adequate means of eliminating grease and oils from drainage prior to
discharge. Plans for such improvements shall be approved by the City Engineer prior to
issuance of grading or building pedt.
70. 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 in accordance,
with City Standards the Developer 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:
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A. Full street improvements for Kestrel Drive and Batiquitos Drive within the
subdivision.
B. Imgation systems to accommodate reclaimed water shall be designed consistent
with Title 17 of the California Administrative Code. This system shall be installed
to the approved entrances of each Planning Area to minimize future street
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C. Alga Road to major arterial standards or better from Mimosa Street to El Camino
Real to the satisfaction of the City Engineer. This obligation may be shared with
other projects having a similar condition to the satisfaction of the City Engineer.
D. Batiquitos Drive offsite to the west to full secondary arterial standards to the
improved section of existing Batiquitos Drive. An AC median may be provided in
lieu of a landscaped median.
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E. Landscape and provide irrigation for onsite median in Batiquitos Drive to the
satisfaction of the Planning Director and the City Engineer.
A note to this effect shall be placed on an additional map sheet on the final map per the
provisions of Sections 66434.2 and 66445 of the Subdivision Map Act.
71. Improvements listed above shall be constructed within 18 months of final map approval
and/or improvement plan approval.
72. Some improvements chaw the tentative map andlor requhed by these condhns are
located offsite on property which neither the City nor the subdivider has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
73. AU utilities including but not limited to, water, electric, cable T.V., stom drain, sewerhe
and Pacific Telephone shall be designed and installed to the approved entrances to each
of the Planning Areas to limit future asphalt cuts.
74. Prior to the issuance of building permits for lots created in the further subdivisions of Lots
3 and 4, a deed disclosure shall be placed on the deed to these properties. This deed shall
be worded to the satisfaction of the City Engineer, Planning Director and City Attorney.
The deed shall contain wording notifying all interested parties and successors in interest
that soils and geologic conditions exist on such property requiring remedial measures
specified in geotechnical and soils reports submitted for this project and that these soils
and geotechnical reports and other project details are on file with the City of Carkbad
Planning DepartmenL The developer has been conditioned to comply with such remedial
measures and certifies that it (developer) has complied with said measures.
75. Lot 10 shall be renumbered Lot 1 and Lot 11 shall be renumbered Lot 2. Kestrel Drive
and Batiquitos Drive are dedications for public streets and therefore shall not have lot
numbers. These changes shall be shown on the approved tentative map mylar.
Fire Conditions:
76. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the
Fire Marshal.
77. The applicant shall submit two (2) copies of a site plan showing locations of existing and
proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval prior
to issuance of a building permit.
78. An all-weather access road shall be maintained throughout construction.
79. All required fire hydrants, water mains and appurtenances shall be operational prior to
combustible building materials being located on the project site.
80. Proposed security gate systems shall be provided with "Knox" key operated ovemde switch,
as specified by the Fire Department.
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81. Fire retardant roofs shall be required on all structures.
82. Brush clearance shall be maintained according to the specifications contained in the City
of Carlsbad Landscape Guidelines Manual. Applicant will be required to submit a
landscape plan which conforms to fire suppression requirements of City Landscape Guide
prior to approval of site improvement plans.
~ 83. All 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.
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84. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered.
Water District Conditions:
85. Prior to final map approval, the entire potable and non-potable water system/systems for
subject project shall be evaluated in detail to ensure that adequate capacity and pressure
for domestic, landscaping and fire flow demands are met.
86. The developeis engineer shall schedule a meeting with the District Engineer and the City
Fire Marshal and review the preliminary water system layout prior to preparation of the
water system improvement plans.
87. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit.
88. Prior to final map approval, the developer's engineer must revise the water master plans
for both systems so as to agree with Phase II tentative maps.
89. The developer and the District must resolve the water pressure problems in the non-
potable system in Phase II prior to the issuance of grading permits.
Utilities:
90. This project is approved subject to the condition that drawing numbers for existing utilities
be included on improvement plans.
91. This project is approved subject to the condition that easements for City maintained sew-
lines must have an all weather access road.
Growth Management:
92. Approval of this subdivision map is contingent upon the provision of adequate public
facilities to satisfy the Public Facilities Element of the General Plan. At this time a Mello-
Roos Community Facilities District is proposed to finance the construction of several
Citywide facilities necessary to serve new development If the Mello-Roos Community
Facilities District is not formed, or if the Community Facilities District is formed but the
subject properties are not participants within that District, the required General Plan
PC RES0 NO. 3153 -12-
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Consistency finding cannot be made. Therefore, no final map can be approved des the
Citywide Mello-Roos District is formed or an altemate financing mechanism is provided
by the developer and approved by the City Council to finance the facilities legally
applicable to Zone 19 that would have been or are included in theCommunity Facilities
District For the purpose of this condition the Mello-Roos Dishict will be considered to
be formed following an affirmative vote of the property ownen plus a 3O-day period as
prescribed by law to provide for any protest regarding the formation of the District.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
of the City of Carlsbad, California, held on the 19th day of December, 1990, by the following vote,
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AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Erwin, Marcus &
Hall.
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NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None. I
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16 ATTEST:
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MICHAEL J. HOLZMIKER x’ /j PLANNING DIRECTOR
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CARLSBAD PLANNING COMMISSION
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