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Home My WebLink About1993-10-06; Planning Commission; Resolution 3544’ il 0 0 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 3544 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAEUSBAD, CALIFORNIA, APPROVING A ONE YEAR EXTENSION OF TIME FOR TENTATIVE MAP. CASE NAME: RANCHO REAL CASE NO: CARLSBAD TRACT 90-13 WHEREAS, the Planning Commission did, on May 29, 1991, adopt Resolution No. 3238, approving the tentative map for a 39 lot/35 unit subdivision, known as CT 90- 8 13; and 9 WHEREAS, the applicant for the tentative map, Green Valley Partners, has requested 10 an extension of time to process toward a final map; and l1 I/ WHEREAS, the applicant has been diligently pursuing a final map; and 12 13 WHEREAS, the project can be found to be in conformance with the General Plan, iI Title 21, other City ordinances and current City policies with imposition of additional 14 15 16 conditions which are needed to bring the tentative tract map into conformance with the 17 WHEREAS, the applicant has consented to the imposition of the revised/additional conditions; and 18 19 20 21 22 23 24 25 26 27 28 General Plan, Title 21, other City ordinances and current City policies. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the request for an extension of time for the tentative tract map for Carlsbad Tract 90-13 be approved for a period of one year from May 29, 1993, until May 29, 1994, subject to all the original conditions of approval and the following additional revised/conditions: Revised Conditions (Resolution 3238) 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 2, 1991 and as amended from time to time, and any development fees established by the ll 0 0 1 2 3 4 5 6 City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code 0. other ordinance adopted to implement a growth management system o facilities and improvement plan and to fulfill the subdivider's agreement tc pay the public facilities fee dated June 15, 1993, a copy of which is on filc with the City Clerk and is incorporated by this reference. If the fees are no paid this application will not be consistent with the General Plan an( approval for this project will be void. 14. Prior to approval of a final map, the project applicant shall: 7 8 a. Submit evidence satisfactory to the Planning Director that an offer oj dedication of all wetlands (located on portions of Lots 21, 22, 23 anc 37 and wetland buffer (located on portions of Lots 21, 22, 23, 24 anc 37) to the State Lands Commission has been made. In the event thf 9 10 11 12 state Land Commission refuses to accept the dedication, then thf applicant shall place an open space/non-building area easement ovel these wetlands and wetland buffer to restrict the property for oper space/wildlife uses only, to the satisfaction of the City of Carlsbacl concurrent with final map recordation. Private improvements such as storage buildings, pools, spas, etc. shall be specifically prohibited. 13 14 b. Dedicate in perpetuity to the City of Carlsbad an open space easement over open space lots 36, 37 and 38. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 1 c. Irrevocably offer to dedicate in perpetuity to the City of Carlsbad a public access trail easement within the wetlands buffer area. 15. Prior to approval of the final map, the applicant must dedicate an open space/non-building area easement over the manufactured slope areas of Lots 21-35 which will prohibit any development on these portions of these lots and also record a legal instrument as noted in Condition 13 which will place maintenance responsibility with the homeowners association for these areas. 16. Prior to the approval of a final map there shall be a Notice of Restriction placed on the deed to this property subject to the satisfaction of the Planning Director notifymg all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Map, Hillside Development Permit, Planned Unit Development Permit, and Special Use Permit by Resolution No. 3238, 3239, 3240 and 3241 on the real property owned by the declarant. Said notice shall note the property description, location of the file containing complete project details and all conditions of approval as well any conditions or restrictions specified for inclusion in the notice. Said Notice of Restriction may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project. 1 1 PC RES0 NO. 3544 -2 - I/ e 0 1 21. Prior to the approval of grading plans, developer shall submit detailed 2 recreation area plans for the approval of the Planning Director. 3 22. Prior to the approval of grading plans, developer shall submit a detailed trail 4 amenities plan for the approval of the Planning Director. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 24 i I 26. The applicant shall prepare a detailed landscape and irrigation plan whick shall be submitted to and approved by the Planning Director prior to thc approval of the grading or building plans. 68. The drainage system shall be designed to ensure that runoff resulting fron- a 10-year frequency storm of a 6 hours or 24 hours duration undel developed condition, is equal to or less than the runoff from a storm of thc same frequency and duration under existing developed conditions. Both t hour and 24 hour storm durations shall be analyzed to determine thc detention basin capacities necessary to accomplish the desired results, Subsequent attenuation shall occur before the 100' buffer area of an^ wetlands. 69. The applicant shall comply with the City's requirements of the Nationa! Pollutant Discharge Elimination System (NPDES) permit. The applicant shd provide best management practices to reduce surface pollutants to ar acceptable level prior to discharge to sensitive areas. Plans for sud improvements hall be approved by the City Engineer prior to issuance oj grading or building permit, whichever occurs first. New Conditions A. The applicant shall pay an inclusionary housing impact fee as required by Chapter 21.85 of the Carlsbad Municipal Code prior to the issuance of building permits. B. Prior to final map approval the applicant shall pay all current fees anc deposits required. C. Prior to issuance of a building permit for any buildable lot within thc subdivision, the property owner shall pay a one-time specia: development tax in accordance with City Council Resolution No. 91. 39. D. The applicant shall pay the recording fees for all agreements easements and documents required for this project prior to thc approval of the final map. 27 11 28 PC RES0 NO. 3544 -3- ll 0 @ ll 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 E. The subdivider shall provide for sight distance corridors at all stree intersections in accordance with Engineering Standards and shal record in the CC&R's the statement: "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor on the final map. The underlying property owner shall maintain this condition." F. The subdivider shall provide for meeting additional NPDE: requirements by recording in the CC&R's the following: 1) "An ongoing program to remove dirt, litter, and other debri: from the surface of private streets and common recreationa areas by means of street sweeping and other means shall bt established and enforced." 2) "The Homeowner's Association shall coordinate the use of the City's established program to assist residents with the removal and proper disposal of toxic and hazardous waste products." 3) "Toxic chemicals or hydrocarbon compounds such as gasoline) motor oil, antifreeze) solvents, paints, paint thinners, wood preservatives and other such fluids shall not be discharged into any street, public or private, or into storm drain or stormwater conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other chemical treatments shall meet Federal, State, County, and City requirements as prescribed in their respective containers." G. Prior to any construction that includes clearing, grading or excavation that results in soil disturbance of five acres or more, the property owner shall file a Notice of Intent (NOI) with the California State Water Quality Control Board (CSWQCB) and pay the appropriate fee for a storm water permit. H. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action 01 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. PC RES0 NO. 3544 -4- ll 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 8 * I. Prior to final map approval, the applicant/developer shall be required (1) to consult with the U.S. Fish and Wildlife Service regarding tht impact of the project on the Coastal California Gnatcatcher and (2: be issued any permits, as required by the U.S. Fish and Wildliff Service. J. Direct access rights for Lot 16 abutting Street "A", Lots 5 and C: abutting Street "B" and Lot 11 abutting Lot 39 shall be waived on the Final Map. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac Planning Commission held on the 6th day of October, 1993 by the following vote, to wit AYES: Chairperson Noble, Commissioners: Schlehuber, Betz Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. - Q& &$/ x ATTEST: 17 18 19 /- BAILEY NOBLEf Chairperson CARLSBAD PLANNING COMMISSION 20 21 22 23 24 25 26 27 28 PC RES0 NO. 3544 - 5-