HomeMy WebLinkAbout1992-02-19; Planning Commission; Resolution 3352.. - -,.. . I
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PLANNING COMMISSION RESOLUTION NO. 3352
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 205 LOT TENTATlVE TRACT MAP
CONSISTING OF 199 RESIDENTIAL LOTS AND 6 OPEN
SPACE LOTS ON A 128.1 ACRE LOT ON PROPERTY
GENERALLY LOCATED ON THE SOUTHWESTERLY SIDE OF
EL CAMINO REAL BETWEEN THE FUTURE EXTENSION OF
CANNON ROAD AND EXISTING CAMINO HILLS DlUVE.
CASE NAME: EVANS POINT
CASE NO: CT 91-3
WHEREAS, a verified application for certain property to wit:
A portion of Lot "F" of Rancho Agua Hedionda, in the County
of San Diego, State of California, according to the map thereof
No. 823, filed in the office of the County Recorder of San
11 ll Diego County, November 16, 1896,
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WHEREAS, said verified application constitutes a request as provided by Title 13
has been filed with the City of Carlsbad and referred to the Planning Commission; and
14 21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 19th day of February, 1992,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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18 WHEREAS, at said public hearing, upon hearing and considering all testimony
19 I! and arguments, if any, of all persons desiring to be heard, said Commission considered all
20 factors relating to the Tentative Tract Map.
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior
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as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commissior 25
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recommends APPROVAL of CT 91-3, based on the following findings and subject tc
the following conditions:
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FindinEs:
1. The project is consistent with the City‘s General Plan since the proposed density of
3.03 du’slacre is dthin the denshy range of 0-4 du’slacre 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 since the
site is adequate in size and shape to accommodate residential development at the
density proposed.
3. The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will 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.
4. School fees will be paid to ensure the availability of school facilities in the Carlsbad
School District.
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5. Park-in-lieu fees are required as a condition of approval.
6. All necessary public improvements have been provided or will be required as
conditions of approval.
7. 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 paymenl
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
8. The proposed project is compatible with the surrounding residential land uses 0:
RLM and RM. Provisions are provided to mitigate potential land use conflicts witl
the adjacent non-residential land uses of PI/RS/C/TS/U in Zone 5.
9. An EIR was prepared for this project and has been recommended for certificatio~
by the Planning Commission. The EIR (EIR 91 -2) identified a number of potentia
significant impacts created by this project and possible mitigation measures tc
reduce these impacts to a level of insignificance. These mitigation measures hav
been incorporated into the project through redesign or conditions of approval, ti
reduce all impacts to a level of insignificance.
10. The intent of all mitigation measures proposed in EIR 91-2 are contained in thi
Resolution by way of specific conditions of approval. In some case the mitigatio
measures have been modified to: conform to City Policies; or, expanded to mor
1 adequately mitigate the impact; or, tied to a specific phase of construction so k I PC RES0 NO. 3352 -2-
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they could be more easily monitored. Application of these measures mitigates all
identified impacts to a level of insignificance.
11. 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.
12. 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 24.
g 13. 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
10 treatment of the City's hillside resources.
I' 14. The Tentative Map (CI' 91-3) satisfies all requirements of the Zoning Ordinance
l2 I1 (Title 21), SubdiGion Ordinance (Title 20) and the State Map Act.
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16. The proposed project as conditioned is in compliance with the City's Noise Poliq' 14
15. The project is consistent with all policies of the Mello I1 Local Coastal Program.
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16 // Conditions:
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Approval is granted for CT 91-3, as shown on Exhibit(s) "A" - "AA", dated Februaq
19, 1992, incorporated by reference and on file in the Planning Department
Development shall occur substantially as shown unless otherwise noted in thesc
conditions.
The developer shall provide the City with a reproducible 24" x 36", mylar copy o
the Tentative Map (Exhibit "H", Composite Tentative Map, and Exhibits "Q" - "M'
50 scale Tentative Map) as approved by the Planning Commission. The Tentativl
Map shall reflect the conditions of approval by the City. The map copy shall bl
submitted to the City Engineer prior to issuance of building permits or improvemer
plan submittal, whichever occurs first.
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3. A 500' scale map of the subdivision shall be submitted to the Planning Director pric 25
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to the recordation of the final map. Said map shall show all lots and streets withi
and adjacent to the project.
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1 4. This project is approved upon the express condition that the final map shall not bc
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approved unless the City Council finds as of the time of such approval that sewe
service is available to serve the subdivision.
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5. This project is approved upon the express condition that building pedts Will nol
be issued for development of the subject property unless the City Engineel
determines that sewer facilities are available at the time of application for sucl
sewer permits and will continue to be available until time of occupancy. This not€
shall be placed on the final map.
6. This project is also approved under the express condition that the applicant pay thc
public facilities fee adopted by the City Council on July 28, 1987 and as amendec
from time to time, and any development fees established by the City Counci
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinancc
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
January 4, 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.
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8. The applicant shall provide school fees to mitigate conditions of overcrowding as 14
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application.
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7. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
9. Water shall be provided to this project pursuant to the Water Service agreement
17 between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
la /I 25, 1983.
19 1 10. This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 24 Local Facilities Management Plan and any
20 amendments made to that Plan prior to the issuance of building permits,
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11. 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
invalid this approval shall be invalid unless the City Council determines that the
Government Code Section 65913.5. If any such condition is determined to be 23
this project are challenged this approval shall be suspended as provided in
24 project without the condition complies with all requirements of law.
25 12. Approval of this request shall not excuse compliance with all sections of the Zoning
26 Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
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13. Approval of CT 91-3 is granted subject to the approval of EIR 91-2, GPA 91-3, LCPP
91-1, ZC 91-6, HDP 91-3 and SUP 91-2.
14. The applicant shall provide the following note on the final map of the subdivisior
and final mylar of this development submitted to the City:
"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Managemenl
Control Point for each General Plan land use designation. Development canno1
exceed the Growth Control Point except as provided by Chapter 21.90. The lanc
use designation for this development is Residential Low-Medium Density (EM)
The Growth Control Point for this designation is 3.2 dwelling units pel
nonconstrained acre.
Parcels 1 through 199, 202, 203, and 205 were used to calculate the intensity 0:
development under the General Plan and Chapter 21.90. Subsequent redevelopment
or resubdivision of any one of these parcels must also include parcels 1 through
199, 202, 203 and 205 under the General Plan and Chapter 21.90 of the Carlsbad
Municipal Code."
15. The applicant shall establish a homeowner's association and corresponding
covenants, conditions and restrictions. Said CC&R's shall be submitted to anc
approved by the Planning Director prior to final map approval. The following item!
shall be included in the CC&R's:
k Common ownership of Open Space Lots 200,201,202,203,204 and 205
B. Maintenance responsibility for lots 200, 201, 202, 203, 204 and 205 ir
addition to the grain bin.
C. Allow only development in lots 200-205 (inclusive) and any property subjec
to an open space easement as shown on the approved grading, landscape an(
improvement plans. Any further development of the aforementioned area:
shall be specifically prohibited except upon the written order of the CarlsbaG
Fire Department for fire prevention purposes or upon written approval of the
Planning Director based upon a request from the Homeowners Association
accompanied by a report from a qualified arborist/botanist indicating thc
need to remove specified trees and/or plants because of disease or impending
danger to adjacent habitable units or the grain bin. For areas containing
native vegetation the report required to accompany the request shall bc
prepared by a qualified biologist.
D. Require that a uniform fencing and wall design be maintained for the projecl
as graphically shown on Exhibit "G".
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E. Landscape maintenance responsibility for those areas depicted on Exhibit "G"
including all landscaping in the street right-of-way adjacent to the rear
property line for double frontage lots.
F. All landscaped areas shall be maintained in a healthy and thriving condition,
free from weeds, trash, and debris within the proposed open space
easements.
16. All roof appurtenances, including air conditioners, shall be architecturally integrated
and concealed from view and the sound buffered from adjacent properties and
streets, in substance as provided in Building Department Policy No. 80-6, to the
satisfaction of the Directors of Planning and Building.
17. The applicant shall submit a street name list consistent with the City's street name
policy subject to the Planning Directofs approval prior to final map approval,
18. An irrevocable offer of dedication to the City of Carlsbad for a trail easement shall
be made on the map for the trails shown on the Tentative Map within Open Space
Lots 200 and 201. If the City of Carlsbad accepts dedication of the trail easement
the City shall assume responsibility for maintenance and liability. If the City of
Carlsbad does not accept liability and maintenance responsibility for the Citywide
Trail System prior to recordation of the final map, the applicant will not be required
to construct the trail.
19. All fences and walls for the project shall comply with the fence and wall details as
well as the approved locations for each as shown on Exhibit "G". Walls on lots 166
to 171 inclusive shall be required for noise attenuation. The fencing and/or walls
shall be constructed by the developer for each individual unit for which a final
inspection and certificate of occupancy is being requested prior to the certificate of
occupancy being approved.
20. The applicant is aware that the City is preparing an in-lieu fee program as an
alternative to the inclusionary requirements stipulated in Policy 3.6b of the Housing
Element. If in the development of the in-lieu fee program, it is determined by the
City Council, in order to find consistency with the Housing Element of the General
Plan as well as consistency with Section 66473.5 of the Government Code
(Subdivision Map Act), that this project is subject to this fee and building permits
have not been issued, the applicant or its successors in interest shall pay whatever
reasonable in-lieu fee that is required and in effect at the time of issuance of
consistent with the General Plan and approval for this project will be void.
21. The applicant shall prepare a detailed landscape, fire suppression and irrigation plan
which shall be submitted to and approved by the Planning Director prior to the
issuance of grading or building permits, whichever occurs first.
building permits. If required fees are not paid, this application will not be
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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 within proposed open space prior to the issuance of a grading permit or
a building permit, whichever occurs first.
Existing onsite trees within proposed open space 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 tree:
which are approved for removal shall be replaced on a tree-for-tree basis as requirec
by the Planning Department.
The developer shall install street trees at the equivalent of qo-foot intervals alonj
all public street frontages in conformance with City of Carlsbad standards. Tht
trees shall be of a variety selected from the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Manual an(
submitted per the landscape plan check procedures on file in the Planninl
Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone '
plants (see Landscape Manual) shall be limited to areas of special visual importane
or high use. Mulches shall be used and irrigation equipment and design shal
promote water conservation.
The developer shall avoid trees that have invasive root systems, produce excessiv
litter and/or are too large relative to the lot size.
Prior to final occupancy, a letter from a California licensed landscape architect sha
be submitted to the Planning Director certifying that all landscaping has bee
installed as shown on the approved landscape plans.
The applicant shall pay a landscape plan check and inspection fee as required b
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plan
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours ar
shall match the grading plans in terms of scale and location of improvements.
The number of trees in a residential project shall be equal to or greater than t€
number of residential units.
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1 33. Any signs proposed for this development shall at a minimum be designed in
conformance with the City's Sign Ordinance and shall require review and approval
2 of the Planning Director prior to installation of such signs.
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34. 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.
35. The project shall provide bus stop facilities at locations within the project
boundaries subject to the satisfaction of the North County Transit District. Said
facilities shall at a minimum include a bench, free from advertising, and a pole for
the bus stop sign. The bench and pole shall be designed in a manner so as to not
detract from the basic architectural theme of the project and said design shall be
subject to the approval of the Planning Director and North County Transit District.
36. 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.
37. 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.
13 38. As part of the plans submitted for building permit plan check, the applicant shall
14 include a reduced version of the approving resolution/resolutions on a 24" x 36"
blueline drawing. Said blueline drawing(s) shall also include a copy of any
15 applicable Coastal Development Permit and signed approved site plan.
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An open space easement shall be placed over those portions of lots 2-17,21,22,56-
58,61-66, 76-79,105-113,122-128,157, and 179-197 which are in slopes and on
lots 200-205 in thek entirety to prohibit any encroachments or development
including but not limited to fences, walls, decks, storage buildings, pools, spas,
stairways, and landscaping other than that approved as part of the grading plan,
improvement plans, future grading improvements of "S' Street, and a biological
revegetation progrdandscape plan. The grain bin and proposed trails shown on
exhibit "H" are to be pennitted within the open space easement.
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40. A minimum of four (4) different roof tile colors shall be used for the units within
the project on an equal proportion. The proposed colors and tile samples shall be
submitted for review and approval of the Planning Director prior to the issuance of
building permits due to the high visibility of the project site. The building plans for
the project shall indicate the proposed tile color for each unit.
41. Colored stucco samples for the exterior unit colors shall be submitted to the
Planning Director for review and approval prior to the issuance of building permits
due to the high visibility of the project site. The building plans for the project shall
indicate the proposed stucco color for each unit.
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42. Prior to issuance of a grading permit, the applicant shall contact the U.S. Army
Corps of Engineers and the California Department of Fish and Game to detennine
whether a Cleanwater Act Section 404 and/or a Code Section 1600-1603 Permit is
required from these agencies respectively for filling of the alkali meadow and
riparian scrub vegetation. If required, these permits shall be obtained prior to
approval of a grading plan and issuance of a grading permit and evidence of such
shall be prodded to the city Engheer and Planning Director prior to approval of a
grading plan and issuance of a grading permit.
43. prior to recordation of final map, a Biological Revegetation Program shall be
prepared by a qualified biologist for areas of disturbance adjacent to or within
designated open space areas to include manufactured slopes as identified on Exhibit
"G". The program shall specify the species, size of plant specimens, irrigation
requirements and soil preparation requirements for all identified areas.
44. The Biological Revegetation Program shall specify maintenance and monitoring
requirements to ensure successful implementation of the program. Monitoring shall
be conducted to the satisfaction of the City for a period of between 2 and 5 years.
I.2 // 45. A 100' buffer shall be provided along the riparian habitat. No intrusions or
disturbances of any kind except for the proposed desiltation/detention basin and
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public improvements shall be permitted in the nearest 50 feet to the riparian
habitat. Intrusion within the outer 50' buffer (between 50' and 100' from the edge
of the riparian vegetation) shall be limited to disturbances resulting from grading,
storm drains and walk required for the proposed trail, Street C, and associated
residential lots. Buildable pad areas are specifically prohibited in the 100-foot
buffer. Minor lot encroachment areas shall be permitted, to include landscaping per
the Biological Revegetation Program. Private improvements, such as storage
buildings, pools, spas, etc., shall be specifically prohibited. Disturbed areas within
the 100-foot buffer shall be revegetated according to a qualified biologist.
46. Prior to occupancy of any units, a pemanent fence as shown on Exhibit "G" shall
be installed and maintained to discourage entry into the riparian area by humans
and pets. The fence shall be located at the top of slope of all residential lots
adjacent to the riparian area.
47. A wildlife undercrossing under Street C approximately 6' X 10' wide shall be
constructed to provide a connection between the chaparral and the riparian habitats.
The under crossing shall be designed to ensure that daylight is visible through the
dvert from each end. The undercrossing shall not be lighted in order to
discourage pedestrian use at night.
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and project vehicles, until such time as the road is extended offsite to Cannon Road.
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49. A notice meeting the approval of the Planning Director and the City Attorney shall
be prepared and recorded, prior to the recordation of the first bal tract map or the
issuance of residential building permits, that this property is subject to overflight,
sight, and sound of aircraft operating from Palomar Airport.
50. Prior to recordation of the first hal tract map or issuance of building permits,
whichever is first, the owner shall prepare and record a notice that this property
may be subject to impacts from the proposed or existing Transportation Corridor in
a manner meeting the approval of the Planning director and City Attorney.
51. The applicant shall post air& noise notification signs in all sales and/or rental
offices associated with the new development. The number and locations of said
signs shall be approved by the Pl&g Director.
52. The heavily brushed areas of the site shall be monitored during brush removal and
initial grading stages by an archaeologist considered qualified by the Planning
Director based on the minimum qualifications for cultural resource professionals
specified in the "City of Carlsbad Cultural Resource Guidelines", dated December
1990. The archaeologist selected by the developer shall be approved by the
Planning Director prior to the approval of the grading plan. This condition shall be
placed on the grading plan for the project.
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53. If any archaeological material is detected, the archeologist shall have the authority
to temporarily divert or delay grading activities to allow standard archaeological
recording and recovery. This condition shall be placed on the grading plan for the
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54. The archaeologist shall attend a preconstmction meet& with the grading and 18
project.
19 brushing contractor(s) to ensure a clear understanding of the conditions by all
parties. This condition shall be placed on the grading plan for the project. I 20
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55. Prior to the issuance of building pennits the grain bin shall be relocated onsite to
open space lot 204 as shown on the project plans and rehabilitated pursuant to the
"Prelimhary Relocation & Rehabilitation Study, The Kelly Barn and Grain Bin, Evans
Point Project", prepared by Travis, Verdugo, Curry & Associates - Structural
Consultants, dated August 6,1991. A DG path shall be provided from Street A to
the grain bin.
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56. Prior to the issuance of a grading permit, landscape plans for the grain bin shall be
submitted to the Planning Director for his approval.
57. The homeowners association established for the project shall provide for permanent
maintenance of the grain bin as shown on Open space lot 204. The Cc&Rs for the project shall contain these provisions and be submitted for Planning Dkector redew
and approval prior to the recordation of the find map or issuance of grading
permits.
6 58. An interpretive sign shall be prepared for the grain bin based on signage details
provided to the applicant by the Historic Preservation Commission. The interpretive
the occupancy of any units.
7 sign shall be located on open space lot 204 as shown on the project plans prior to
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9 59. The existing Wells Fargo stage stop sign shall be relocated based on direction from
the Historic Preservation Commission and the approval of the Planning Director
10 prior to the occupancy of any units.
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60. Prior to the issuance of a demolition or grading permit a video and narrative
and exterior line drawing are required. 14
drawings to fully document barn construction methods and design. Both interior
documentation of the barn using black and white prints and architectural line 13
detailing the history of the Kelly barn shall be prepared by the applicant and
submitted to the Historic Preservation Commission. In addition, a photo
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61. Grading in the area of the barn and grain bin shall be monitored by an historian
determined to be qualified by the Planning Director based on the minimum
qualifications for cultural resource professionals specified in the "City of Carlsbad
Cultural Resource Guidelines", dated December 1990. The historian selected by the
developer shall be approved by the Planning Director prior to the approval of the
grading plan. This condition shall be placed on the grading plan for the project.
l9 I 62. Prior to the issuance of occupancy permits a report prepared by the archaeologist
20 and historian approved to monitor the grading operation shall be submitted to the
Phnning Director indicating the results of the monitoring effort.
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63. The applicant shall consider making a voluntary donation based on a specific and
preservation and/or rehabilitation of an historic resource located in the City of
Carlsbad.
22 detailed proposal to be provided by the Historic Preservation Commission for the
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64. The project shall comply 6th the city's water conservation provisions. The
following water conservation measures (recommended by the California Department
of Water Resources) shall be implemented:
A. Install low-flush toilets (Section 17921.3 of Health and Safety Code).
B. Install low-flow showers and faucets (California Administrative Code, Title
24, Part 6, Article 1, T20-1406F).
C. Insulate hot water line recirculating systems (Califomia Energy Commission
Regulations).
D. Reduce water pressure greater than 50 pounds per square inch (psi) to 50
psi or less by means of a pressure reducing valve.
E. Landscape with low water-consumhg plants wherever feasible.
.. F. hhnunize use of lawn wherever possible.
G. Use mulch extensively in all landscaped areas; mulch applied on top of soil
will improve the water-holding capacity of the soil by reducing evaporation
and soil compaction.
H. Preserve and protect existing trees and shrubs to the extent possible;
established plants are often adapted to low water conditions and their use
saves water needed to establish replacement vegetation.
I. Install efficient irrigation systems whichminimize runoff and evaporation and
maximize the water which will reach the plant roots; drip irrigation, soil
moisture sensors, and automatic irrigation systems are a few methods of
kmeaskg -gadon eff;C;ency-
J. Use pervious paving material whenever feasible to reduce surface water
runoff and aid in groundwater recharge.
K. Grade slopes to minimize surface water runoff.
L. Promotional literature for the project shall recommend the installation of
water-conserving models of appliances.
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65. Prior to the approval of grading plans, the project applicant shall receive a Coastal
Development Permit from the California Coastal Commission that approves
development that is in substantial conformance with the City approval. Evidence
that the permit has been received shall be submitted to both the Planning and
Engineering Departments.
66. Prior to grading plan approval areas of the site to be preserved as natural open
space shall be clearly demarcated on the grading plan to the satisfaction of the City
Ehgineer and Planning Director. These areas shall be staked in the field by a qualified biologist prior to the issuance of a grading permit.
Enpjneering Conditions:
67. This project is located within the MeUo I1 Local Coastal plan. All development
design shall comply with the requirements of that plan.
68. Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
69. The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
70. The applicant shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
71. This project is approved specifically as 1 (single) unit for recordation.
72. The developer shall provide an acceptable means for maintaining the private
easements within the subdivision and all the storm drain facilities located therein
and to distribute the costs of such maintenance in an equitable manner among the
owners of the units within the subdivision. Adequate provision for such
maintenance shall be included with the CC&R’s subject to the approval of the City
Engineer. (Refers to Lots 15 thru 18).
73. All concrete terrace drains shall be maintained by the homeowner‘s association (if
on commonly owned property) or the individual property owner (if on an
individually owned lot). An appropriately worded statement clearly identifying the
responsibility shall be placed in the CC&R’s.
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74. 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
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75. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or its
agents, officers, or employees to attack, set aside, void or null an approval of the
City, the Planning Commission or City Engineer which has been brought against the
City within the time period provided for by Section 66499.37 of the Subdivision
Map Act.
76. Prior to approval of the final map, the owner shall enter into an agreement with the
City to pay any drainage area fees established as a result of the Master Drainage
Plan Update.
77. 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 th;s project.
78. Prior to approval of the final map the owner shall enter into an agreement to not
oppose the formation of a drainage maintenance assessment district.
79. Prior to final map approval the owner shall execute a hold harmless agreement for
geologic failure.
17 80. Based upon a review of the proposed grading and the grading quantities shown on
approval, the applicant must submit and receive approval for grading plans in 18 the tentative map, a grading permit for this project is required. Prior to final map
19 accordance with City Codes and standards. Prior to issuance of a building permit
for the project, a grading permit shall be obtained and grading work be completed
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81. Prior to approval of the above grading plans the developer shall show compliance 21
in substantial conformance with the approved grading plans.
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requirements of the City Grading and Excavation Ordinance.
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to the satisfaction of the City Engineer with the mitigation measures identified in
the Environmental Impact Report for Evans Point as follows:
k AU grading and landform alteration activities shall be subject to the
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B. All development in areas with slopes greater than 25 percent shall be
consistent with the Carlsbad Local Coastal Program policies relative to
drainage and erosion control.
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C. The liquefaction potential of the alluvial soils shall be mitigated to the
satisfaction of the City Engineer. Measures may include increasing the shear
strength of the alluvial soils by surcharging7 dynamic compaction, grouting7
or by supporting structures on pile foundations. Prior to issuing building
permits on those lots that have liquefaction potential in the opinion of the
City Engineer a notice shall be recorded to notify potential owners of this
possibility. The form shall be to the satisfaction of the City Engineer and the
City Attorney.
D. The settlement potential of the alluvial soils shall be mitigated to the
satisfaction of the City Engineer by either: 1) total removal and
recompaction; 2) supporting proposed structures on a driven line foundation;
or, 3) a combination of over excavation and fill to finish grade, possibly with
the addition of a surcharge fill.
E. A specific geotechnical investigation shall be performed and shall be
conducted prior to submittal of grading plans. The study shall address: 1)
the areal extent of landslide, particularly the portion that may extend offsite;
2) areas of proposed cut slopes which might require stabilization during
grading; 3) the alluvial depth, compressibility, and depth to the ground water
in the central portion of the site; 4) the possibility of the Rose Canyon Fault
being upgraded to active and the effect of higher accelerations; and 5) the
effect of out-of-slope dips on cut slopes. The geotechnical report shall
indicate specific measures necessary to ensure acceptable factors of safety.
Changes to project design may be necessary based on the results of the
geotechnical study. Such changes shall be in substantial conformance to the
tentative map or the tentative map shall be amended.
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F. All buildings shall be designed in accordance with the Uniform Building Code
and applicable City codes to ensure safety in the event of an earthquake.
G. Permanent and temporary (construction) erosion control measures shall be
implemented to the satisfaction of the City Engineer.
H. Notification shall be placed on the final map to warn future homeowners of
the geologic hazards.
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I. The grading contractor shall be responsible for property treatment (which
may include covering or watering) of imported soil to minimize blowing dirt
and dust along haul routes.
J. Once a borrow site has been identified, the contractor shall prepare a map
indicating haul routes, and list specific measures to minimize street damage
and blowing dust/&. Such information shall be approved by the
Engineering Department prior to the importation of soil.
82. Upon completion of grading, the applicant shall ensure that an "as-graded" geologic
plan is 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 shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar
drafting film and shall become a permanent record.
83. 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 applicant
is unable to obtain the grading or slope easement, no grading permit will be issued.
In that case the applicant 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.
84. Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
85. 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
Chapter 11.06.
86. The applicant shall construct desiltation/detention/urban pollutant basin(s) of a
type and a size and at location(s) as approved by the City Engineer. The applicant
shall enter into a basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading, building permit
or final map whichever occurs first for this project. Each basin shall be serviced by
an all-weather accesslmahtenance road.
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1 87. Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to the issuance of grading or building permit as may be
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88. The applicant shall place the following note on a non-mapping data sheet of the
final map:
5 11 Geotechnical Caution:
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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.
9 89. The owner shall make an offer of dedication to the City for all public streets and
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
10 easements required by these conditions or shown on the tentative map. The offer
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12 cost to the City. Streets that are already public are not required to be rededicated,
13 90. Additional right-of-way shall be offered for dedication on the final map along the
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91. On the final map, the following lots that front on more than one street shall I.5
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project frontage on El Camino Real based on a center line to right-of-way width of
relinquish access rights to the street named
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A. Lots 76 thru 79,93,94,113,131 thru 136 shall relinquish access rights to
street "B".
B. Lots 61 thru 66, 103 thru 105, and 120 thru 122 shall relinquish access
rights to Camino Hills Drive.
C. Lot 87, shall relinquish access rights to Street "F".
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D. Lots 105 thru 120,130,136, 137 and 156 shall relinquish access rights to
Street "A".
E. Lots 23 and 33 shall relinquish access rights to street "G.
25 I1 F. Lots 57 thru 61 shall relinquish access rights to Street "H".
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Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The applicant shall conform to Section 20.16.095 of
the Carlsbad Municipal Code. This conditional approval is null and void if title to
said property is not obtained, unless the City Engineer and Planning Director make
findings of substantial conformance without construction of said improvements.
Prior to approval of any grading or building permits 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 on a form provided by the City.
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94. The drainage system shall be designed to ensure that runoff resulting from 10-year
frequency storms of 6 hours and 24 hours duration under developed conditions, are
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 prior to final map approval issuance of building or grading permits
whichever occurs first.
95. The applicant shall comply with the requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to approval of the final map, issuance of grading or building
permit, whichever occurs first.
96. Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the final
and secure with appropriate security as provided by law, improvements shown on
the tentative map and the following improvements:
A. Full public street improvements for Streets "A", "B", "C", "D", "E", "F", "G', "H",
map in accordance with City Standards, the applicant shall install, or agree to install
"I", and "S'.
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B. Public street improvements on the northwesterly side of Carnino Hills Drive
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C. Public street improvements on the southerly side of El Camino Real sufficient
to complete half street improvement plus N1 median all to prime arterial
standards, and reconstruct or overlay existing paving as may be required by
the City Engineer. Half median improvements are eligible for reimbursement
from the appropriate City Funds.
D. Public sewer and storm drain facilities.
E. To meet cul-de-sac policy a 26 foot wide roadway along the alignment of
Faraday Avenue and Halley Drive as shown on City Drawing No. 294-1 shall
be constructed. This width is considered temporary, future improvements
will be to City standards. The roadway shall be as shown on the tentative
map.
F. A temporary tumaround and barricade on Camino Hills Drive at the
northerly project boundary to be constructed after an alternate circulation
route for Camino Hills Mobile Home Park is open. The alternate route shall
meet cul-de-sac policy.
A note to this effect shall be placed on an additional map sheet on the final map per
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed
above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
97. The owner shall offer for dedication a temporary slope and access easement over
Lots 199 and 201 for the future extension of Street "s' to the satisfaction of the City
hgineer.
98. The owner shall post a cash bond or other security acceptable to the City Engineer
for this project's share of the future extension of Street "s' to the project boundary.
The amount of bond shall be based on an engineer's estimate approved by the City
Engineer. The estimate shall include, but not be limited to, paving, base, sidewalks,
curbs and gutter, grading, clearing and grubbing, underground or relocation of
utilities, sewer, water, fire hydrants, street lights and retaining walls.
98(A) Concurrently with the recordation of the final map a notice shall be recorded on lots
179 thru 199 (Phase 4) to no* potential owners that Street "s' shall act as access
to future residential development. The form of the notice shall be to the satisfaction
of the City Engineer and City Attorney.
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1 99. Prior to approval of a final map financing for the construction of the South Agua
Hedionda interceptor fi-om El Camino Real to the Vista/Carlsbad Interceptor shall
to the LFMP prior to recordation of the final map. 2 be guaranteed consistent with the latest Zone 24 LFMP and any amendments made
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100. Additional onsite public water mains and fire hydrants are required.
101. Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed, and existing public water mains and fire hydrants.
Fire Conditions:
7 The plan should include off-site fire hydrants within 200 feet of the project.
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102. An all weather, unobstructed access road suitable for emergency service vehicles
shall be provided and maintained during construction. When in the opinion of the
Fire Chief, the access road has become unserviceable due to inclement weather or
other reasons, he may, in the interest of public safety, require that construction
operations cease until the condition is corrected.
I.2 I! 103. AU required water mains, fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
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104. Native vegetation which presents a fire hazard to structures shall be modified or
removed in accordance with the specifications contained in the City of Carlsbad
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Fire Department for approval.
105. The applicant shall provide a street map which conforms to the following
requirements: A 400 scale photo-reduction mylar, depicting proposed improvements
and at least two existing intersections or streets. The map shall also clearly depict
street centerlines, hydrant locations and street names.
I.9 11 106. Prior to building permit issuance for Lots 184 through 199 of Phase 4 of CT 91-3,
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Carlsbad Municipal Water District Conditions:
be evaluated in detail to ensure that adequate capacity and pressure for domestic,
non-potable and fire flow demands are met.
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108. The Developer's Engineer shall schedule a meeting first with the City Fire Marshal
and then with the District Engineer to review the preliminary water system layout
prior to preparation of the water system improvement plans.
109. 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 pennit. The
Developer shall pay a San Diego County Water Authority capacity charge which will
be collected at issuance of application for meter installation.
110. This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the water district serving
the development determines that adequate water and service is available at the time
of application for water service and will continue to be available until time of
occupancy.
9 111. The source of potable water is to the south of the southerly boundary line, offsite
10 water system shall be a requirement of the developer.
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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 February, 1992,
by the following vote, to wit:
AYES: Chairman Erwin, Commissioners: Schlehuber, Schramm,
Holmes, Savary, Noble & Hall.
NOES: None.
ABSENT: None. ,
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
22 II ATTEST:
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24 MICHAEL J. H~ZMIL~~R
PLANNING DIRECTOR 25
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