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HomeMy WebLinkAbout1993-11-03; Planning Commission; Resolution 3546.J. 1 2 3 4 5 6 7 8 9 1 0 0 PLANNING COMMISSION RESOLUTION NO. 3546 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP 11 2 SINGLE-FAMILY LOTS AND 40 CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: COSTA DO SOL CASE NO: CT 92-01 WHEREAS, a verified application for certain property to wit: Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recorder's Office, July 6, 1977. lo // has been filed with the City of Carlsbad and referred to the Planning Commission; and 11 12 WHEREAS, said verified application constitutes a request as provided by Title I/ 21 of the Carlsbad Municipal Code; and 13 14 15 and arguments, if any, of all persons desiring to be heard, said Commission considered all I' WHEREAS, at said public hearing, upon hearing and considering all testimony 16 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, the Planning Commission did, on the 3rd day of November, 1993 l8 11 factors relating to the Tentative Tract Map. 19 I/ 20 I! NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 21 /j as follows: 22 23 A) That the above recitations are true and correct. 24 B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 92-01, based on the following findings and subject to the following conditions: 25 26 1. The project is consistent with the Zone 20 Specific Plan since the overall proposed 27 density of 5.3 dus/acre is within the density range of 4-8 dus/acre specified for the 28 site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 6. FhdiI-lW: c // e a 1 2 3 4 5 6 7 8 9 10 11 2. The project is consistent with all City public facility policies and ordinances since: 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 occw 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. 3. The project is in compliance with the adopted mitigation measures of Final Environmental Impact Report 90-03 and would not create any additional significant adverse environmental impacts. 1 4. 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 5. 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 13 Facilities Management Plan for Zone 20. 14 15 Unified School District. 16 l7 7. Park-in-lieu fees are required as a condition of approval. 8. All necessary public improvements have been provided or will be required as 18 19 9. 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 concurrent with need as required by the general plan. 6. School fees will be paid to ensure the availability of school facilities in the Carlsbad conditions of approval. 20 of the fee will enable this body to find that public facilities will be available 21 22 23 10. The project complies with all requirements of Chapter 20.12 of the Carlsbad 24 12. The proposed project is compatible with the surrounding future land use since 26 density proposed. 25 surrounding properties are designated for residential development on the general 27 plan. 28 Municipal Code. 11. 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 PC RES0 NO. 3546 -2- b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 I l e 13. The project is consistent with all policies of the Mello II Local Coastal Program. 14. The tentative map satisfies all requirements of the Title 20 and 21 of the Carlsbac Municipal Code and the State Subdivision Map Act. General Plannin~ Conditions: 1. Recommendation of approval is granted for CT 92-01, as shown on Exhibits "A" "TT", dated October 6, 1993 incorporated by reference and on file in the Plannin; Department. Development shall occur substantially as shown unless otherwisl noted in these conditions. 2. This project shall comply with all conditions and mitigation measures which ma: be required as part of the Zone 20 Local Facilities Management Plan and an; amendments made to that Plan prior to the issuance of building permits. 3. This project is approved upon the express condition that building permits will no be issued for development of the subject property unless the City Enginee 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 not1 shall be placed on the final map. 4. This project is also approved under the express conditions that the applicant pay th public facilities fee adopted by the City Council on July 28, 1987 and as amende1 from time to time, and any development fees established by the City Counc: pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinanc adopted to implement a growth management system or facilities and improvemen plan and to fulfill the subdivider's agreement to pay the public facilities fee date1 January 14, 1992, a copy of which is on rile with the City Clerk and is incorporate! by this reference. If the fees are not paid, this application will not be consisten with the General Plan and approval for this project will be void. 5. Water shall be provided to this project pursuant to the Water Service Agreemen between the City of Carlsbad and the Carlsbad Municipal Water District, dated Ma 25, 1983. 6. If any condition for construction of any public improvements or facilities, or th payment of any fees in lieu thereof, imposed by this approval or imposed by law 0: this project are challenged this approval shall be suspended as provided i: Government Code Section 65913.5. If any such condition is determined to b invalid, this approval shall be invalid unless the City Council determines that th project without the conditions complies with all requirements of law. 7. Approval of this request shall not excuse compliance with all sections of the Zonin Ordinance and all other applicable City ordinances in effect at time of buildin , permit issuance. ~ PC RES0 NO. 3546 -3- I 1 2 3 4 5 0 @ 8. Approval of CT 92-01 is granted subject to the approval of PUD 92-01, SDP 93-04 and HDP 92-10. The project is also granted subject to approval of SP 203 and certification of Final EIR 90-03. 9. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. f5 7 10. A 500' scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within 8 and adjacent to the project. 11. As part of the plans submitted for building permit plan check, the applicant shall drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. 9 include a reduced version of the approving resolutions on a 24" x 36" blueline 10 I.1 11 12. The applicant shall provide the following note on the final map of the subdivision I.2 I/ and final mylar of this development submitted to the City: 13 14 15 16 17 18 19 20 21 22 23 "Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is RM. The Growth Control Point for this designation is 6 dwelling units per nonconstrained acre. All parcels were used to calculate the intensity of development under the general plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include all parcels under the general plan and Chapter 21.90 of the Carlsbad Municipal Code." 13. Prior to approval of the hal map, the applicant shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. If the approval is substantially different, an amendment to CT 92-01 shall be required. 14. The applicant shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. 24 15. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the 25 final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 26 27 16. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. 28 PC RES0 NO. 3546 -4- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I The CC&R’s shall include provisions specifymg: (1) Homeowner’s Associatio maintenance responsibility for all natural open space, slope maintenance easement! and landscape easements, as shown on the approved tentative tract map an landscape plan (CT 92-01), which is on file in the Planning Department; (2) Th central recreational facilities on Lot 91 shall be made available for use by all th residents in the project, including the condominium portion of the site plan; (3 For single-family lots, all room additions, enclosed structures, jacuzzis, spas c solariums that require a building permit shall conform to the setback and coverag requirements of the R-1 Zone and the accessory structure standards of Title 21 c the Carlsbad Municipal Code. 17. The applicant shall provide school fees to mitigate conditions of overcrowding a part of building permit application. These fees shall be based on the fee schedul in effect at the time of building permit application. 18. Prior to the issuance of the building permit there shall be a Notice of Restrictio placed on the deed to this property subject to the satisfaction of the Plannin Director notifying all interested parties and successors in interest that the City c Carlsbad has issued a Planned Development Permit, Site Development Plan, an Hillside Development Permit by Resolutions NO.% 3547, 3548, and 3549, on the re: property owned by the declarant. Said Notice of Restriction shall note the propert description, location of the file containing complete project details and all condition of approval as well as any conditions or restrictions specified for inclusion in th Notice of Restriction. Said Notice of Restriction may be modified or terminated onl with the approval of the Planning Director, Planning Commission or City Counc of the City of Carlsbad whichever has final decision authority for this project. 19. All roof appurtenances, including air conditions, shall be architecturally integrate and concealed from view and sound buffered from adjacent properties and street: in substance as provided in Building Department Policy No. 80-6, to the satisfactio of the Directors of Planning and Building. 20. In the condominium portion of the project all visitor parking spaces shall be stripe a different color than the assigned resident parking spaces and shall be clear1 marked as may be approved by the Planning Director prior to occupancy c individual units. 21. The developer shall display a current Zoning and Land Use Map in the sales offic at all times, or suitable alternative to the satisfaction of the Planning Director. 22. Trash receptacle areas in the condominium portion of the project shall be enclose by a six foot high masonry wall with gates pursuant to City standards. Location c said receptacles shall be approved by the Planning Director. The enclosure shall b of similar colors and/or materials to the project to the satisfaction of the Plannin Director. PC RES0 NO. 3546 -5- I1 e a 23. For the condominium portion of the project an exterior lighting plan includini building permits. All lighting shall be designed to reflect downward and avoid an 1 approval prior to issuance of building permits. 4 impacts on adjacent homes or property. 2 parking areas shall be submitted for Planning Director approval prior to issuance c 3 24. The applicant shall submit a wall and fencing plan subject to Planning Direct0 5 25. The layout and design of the active recreational uses on Lot 91, including the activ 6 play courts, are specifically not approved as part of this site plan. Prior to issuanc of a building permit the applicant shall submit a revised plan subject to review o 7 the Planning Director, and approval of the Planning Commission. 8 26. Prior to issuance of a building permit the applicant shall submit detailed buildin1 elevations and floor plans of the recreational buildings subject to approval by thc 9 Planning Director. lo 11 27. Prior to approval of the final map or issuance of building permits, whichever occur first, the applicant shall notify, to the satisfaction of the Planning Director and Cic Attorney, all owners, users and tenants of this project that a community park sit1 12 is located adjacent to this project to the north. 13 14 28. Prior to final map approval, the applicant shall be required: (1) to consult with U.5 Fish and Wildlife Service (EWS) regarding the impact of the project on the Coast: California Gnatcatcher; and (2) be issued any permits required by the FWS. 15 16 17 units shall be constructed concurrent with the project's market rate units. Affordable Housing Conditions: 29. This project is approved, subject to the condition that the required income restrictec 18 19 2o I 21 22 23 24 25 30. The project shall construct housing units affordable to persons and families of lowe income and comply with all the requirements of the Affordable Housing Plan of th( Zone 20 Specific Plan (SP 203). 31. Prior to final map approval, an Affordable Housing Agreement shall be required tc be submitted by the applicant to the City, approved by the Planning Director anc Director of Housing and Redevelopment, and completed and recorded as a deec restriction on those units of the project which are designated for the location o low-&come affordable units. The Affordable Housing Agreement shall be bindin2 to all future owners and successors in interest. The Affordable Housing Agreement for which the inclusionary housing requirement will be satisfied through nev construction of inclusionary units, on-site, and shall establish, but not be limited to the following: 26 27 28 (a) The number of inclusionary dwelling units proposed; (b) The unit size(s) (square footage) of the inclusionary units and the numbe of bedrooms per inclusionary dwelling units; 11 PC RES0 NO. 3546 -6- Ii a 0 1 2 3 4 5 6 (c) The proposed location of the inclusionary units; (d) Tenure of affordablity for inclusionary units (30 years minimum); (e) Schedule for production of the dwelling units; (f) Incentives and/or financial assistance provided by the City; (g) Where applicable, terms and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable inclusionary dwelling units; (h) Where applicable, terms and conditions governing the initial sale of for-sale inclusionary units; and (i) Standards modifications granted by the City. 7 32. Prior to approval of the final map, if the project's Inclusionq Housing requirements are not satisfied within the multi-family condominium portion of the project site, the shall be redesigned to meet the Planned Development Ordinance standard of 30 feet, 8 subject to approval by the Planning Director. 9 24 foot wide private driveways leading to the RV storage area and parking spaces 10 11 12 13 14 15 Sim Conditions: 33. Prior to occupancy of any of the apartment or condominium units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. 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. 16 17 35. 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 of the Planning Director prior to installation of such signs. 18 19 Landscape Conditions: 36. The applicant shall prepare a detailed landscape and irrigation plan which shall be 20 submitted to and approved by the Planning Director prior to the approval of grading 21 22 23 37. All landscaping shall comply with the Landscape Requirements of the Zone 2C 24 38. Prior to approval of the landscape and irrigation plans, all manufactured off-sit€ slopes created by this project shall be landscaped to the satisfaction of the Planning 25 Director, and shall include at a minimum, landscaping to control erosion and tc provide visual screening of the slopes. 26 27 28 or building permits, whichever occurs first. Specific Plan (SP 230). 39. Prior to approval of the final map, the applicant shall establish the following easements: PC RES0 NO. 3546 -7- I/ e 0 /I 1 2 3 4 5 a. A 10 foot landscape easement along Camino de las Ondas and Hidden Vallq Road; b. A 12 to 16 foot landscape easement along the northern property lin between the single-family portion of the project and the community park. These landscape easements shall be planted by the applicant per the landscap requirements of the Zone 20 Specific Plan prior to occupancy of individual units. 6 7 40. All building pad and street areas that are graded and remain vacant or undevelopec for a period of more than 6 months after the grading operation is completed shal be seeded to reduce erosion and visual impacts. If grading is phased, the six montl a time period shall start at the completion of each individual grading phase. 9 41. All landscaped areas shall be maintained in a healthy and thriving condition, frel from weeds, trash and debris. 10 11 42. The developer shall install street trees at the equivalent of 40-foot intervals alon: all public street frontages in conformance with City of Carlsbad standards. Th, 12 trees shall be of a variety selected from the approved Street Tree List. 13 14 15 16 17 43. All landscape plans shall be prepared to conform with the Landscape Manual an1 submitted per the landscape plan check procedures on file in the Planninl Department. 44. Landscape plans shall be designed to minimize water use. Lawn and other zone I plants (see Landscape Manual) shall be limited to areas of special visual importancc or high use. Mulches shall be used and irrigation equipment and design shal promote water conservation. I l8 1 45. The developer shall avoid trees that have invasive root systems, produce excessivc 19 I litter and/or too large relative to the lot size. 20 21 46. Prior to final occupancy, a letter from a California licensed landscape architect shal be submitted to the Planning Director certifylng that all landscaping has beel installed as shown on the approved landscape plans. 22 23 24 Section 20.08.050 of the Carlsbad Municipal Code. 47. All herbicides shall be applied by applicators licensed by the State of California. 48. The applicant shall pay a landscape plan check and inspection fee as required bl 25 I 49. The first set of landscape and irrigation plans submitted shall include building plans 26 improvement plans and grading plans. 27 28 I/ PC RES0 NO. 3546 -8- I1 0 e 50. All landscape and irrigation plans shall show existing and proposed contours and 1 shall match the grading plans in terms of scale and location of improvements. 2 52. The number of trees in the project shall be equal to or greater than the number oj 3 51. The minimum shrub size shall be 5 gallons. 4 residential units. 5 53. 20% of the required trees in the project shall be 24" box or greater. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 54. Prior to approval of the detailed landscape plan, the Recreational Vehicle Storage area shall be visually screened from the public right-of-way with landscaping, or a wall, or a combination of both, to the satisfaction of the Planning Director. 55. Prior to approval of the final map an irrevocable offer of dedication to the City of Carlsbad, Open Space District or other similar entity designated by the City of Carlsbad, for a perpetual easement for public trails over, upon and across lot(s) 11, 12,3242, as shown on the tentative map shall be made on the final map for trails that are part of the Carlsbad Trail System, see Exhibit "IT, dated November 3,1993. If prior to recordation of final rnap, the City of Carlsbad adopts the financing mechanism necessary to implement the Carlsbad Trail System, the trails shown on the tentative map shall be constructed prior to occupancy of the first unit (within a phase), and shall be constructed by the developer, pursuant to the guidelines of the Open Space and Conservation Resource Management Plan, and dedicated to the City of Carlsbad. If the City of Carlsbad accepts dedication of the trail easement, the City shall assume responsibility, maintenance and liability for the trail(s). If prior to recordation of final map, the City of Carlsbad does not adopt the financing mechanism necessary to implement the Carlsbad Trail System, the applicant will not be required to construct the proposed trails. Said trail easement shall be maintained by the Homeowner Association as shall be stated in the CC&R's. I 20 21 Environmental Conditions: 56. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello 11 Local Coastal Program the applicant shall implement 22 one of the following three mitigation options prior to approval of the final map: 23 24 a. Preserve prime agricultural property within the Coastal Zone consistent with Sections 30241 and 30242, or cluster new development consistent with Section 30250, of the Coastal Act; or 25 I b. Illustrate that continued or renewed agricultural use is not feasible per 26 the guidelines of Mitigation Option 2 of the Local Coastal Program; 27 II or 2% PC RES0 NO. 3546 -9- /I I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 l? 18 19 ~ 20 21 22 23 24 25 26 27 28 0 0 c. Provide papent of an agricultural mitigation fee, the amount of which is $10,000 for each converted acre. 57. Compliance with APCD Rules 51 (The “Nuisance” Rule), 52 (Particulate Matter), and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate dust impacts generated during grading operations. A note shall be placed on the grading permit stipulating that the following measures shall be required to achieve compliance with these rules, and reduce construction-related air pollutants: a. The watering of all surfaces being graded and haul routes shall be required during dry weather conditions. b. All unpaved areas shall be revegetated according to approved landscape plans as soon as possible after grading. C. All construction-related traffic shall be restricted to routes that are dust-controlled, and reduced speed limits shall be maintained for all haul and construction vehicles. d. All construction activities shall be limited during periods of high winds. e. All heavy-duty, diesel-powered construction equipment shall be operated according to mandacturers suggested operating instruction (with the fuel-injection timing retarded to recommended levels for NO, emissions, but which would not result in excessive visible smoke emissions) in order to control pollutant emissions. f. Construction equipment shall be subject to regularly scheduled maintenance/tune-ups, and be turned off when not being utilized to avoid excessive idling emissions. g. The application of architectural coating and cut-back asphalt shall adhere to APCD Rules 67.0 and 67.7, to effectively control other construction-related emissions of air pollutants. h. The Engineering Department shall monitor for compliance during all grading operations of the project. 58. The Homeowners Association shall obtain and distribute to owners and tenants annual information from Caltrans and North County Transit regarding the availability of public transportation, ride-sharing, and transportation pooling services in the area. This information shall also be provided in the sales of the project. A condition so stating this shall also be placed in the CC&R’s for the project. 59. The applicant shall provide the following noise mitigation measures to comply witl: the current Noise Policy: PC RES0 NO. 3546 -10- e 0 1 2 3 4 a. Prior to approval of the hal map or issuance of building permits, whichever occurs first, the applicant shall prepare and record a notice that this property may be subject to impacts from the overflight, sight, and sound of aircraft operating from Palomar Airport (see Noise, Form #2 on file in the Planning Department). The notice shall be prepared in a manner meeting the approval of the Planning Director and the City Attorney. 5 6 7 8 9 10 11 b. The applicant shall post aircraft 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 Planning Director (see Noise, Form #3 on file in the Planning Department). 60. Prior to approval of a grading permit a detailed soils testing and analysis report shall be prepared by registered soils engineer and submitted to the Planning Department and County Health Department for review and approval. The report shall identify a range of possible mitigation measures to remediate any potentially significant public health impacts if hazardous pesticides or other chemicals are detected at high concentrations in the soil. 12 61. Prior to occupancy of individual units a solid wall or fence, and landscaped that abuts property under "open field" cultivation, in order to reduce public nuisance 13 windbreaks shall be installed along the perimeter of any future developable area 14 effects of adjacent pesticide spraying and dust generation from farm vehicles and 15 62. Prior to approval of the final map or issuance of a building permit, which ever 16 occurs first, a minimum 25-foot wide open space easement shall be provided 17 between "open field'' agricultural operations and the adjacent lot lines of future developable areas on-site. This buffer area may be located on the adjacent 18 agricultural property. 19 63. Prior to approval of a final map or issuance of a building permit, which ever occurs first, an infrastructure improvement plan shall be submitted to the Planning and Engineer. This plan shall illustrate the temporary road connections required to maintain continued access to adjacent agricultural properties that could be impacted operations. 20 Engineering Departments for review and approval by the Planning Director and City 21 22 by future roadway improvements. 23 24 25 26 27 28 64. Drainage water from buildings, streets, parking lots, and landscaped areas within the project shall be disposed of through stormdrains or otherwise in a manner that will avoid any runoff onto agricultural areas whether planted or fallow. All runoff agricultural and urban shall conform with the National Pollution Discharge and Elimination System Permit requirements pursuant to San Diego Regional Water Quality Control Board Order No. 90-42, adopted by City Council Resolution No. 90- 235. PC RES0 NO. 3546 -11- 0 0 65. Prior to approval of the hal map or issuance of building permits, whichever occm Attorney, all owners, users and tenants of this project that this area is subject ta the owners, users, and tenants occupy this area at their on risk. 1 dust, pesticides, and odors associated with adjacent agricultural operations, and tha1 2 first, the applicant shall notify, to the satisfaction of the Planning Director and City 3 4 66. Paleontology: 5 6 7 8 9 10 11 12 13 14 a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. b. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process. c. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. 15 16 17 18 d. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director. 19 20 1 67. Prior to issuance of a building permit the project shall comply with the City of 21 68. All grading shall comply with the recommendations of Geotechnical Ercploration, Inc., incorporated in the Geotechnical Engineering Investigation dated April 18, Carlsbad's standards for solid waste management. 22 1989, and June 4, 1992, on file in the Planning Department. 23 24 25 26 27 28 69. Prior to approval of a final map, improvement plans shall be submitted to the Engineering Department showing locations and sizing of reclaimed and or urban runoff diversion facilities, in accordance with the Carlsbad Municipal Water District requirements and the phasing schedule provided in the Zone 20 LFMP. Reclaimed water facilities shall be constructed in all major roadways wih the project. "" PC RES0 NO. 3546 -12- /I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~ 19 I 20 21 22 23 24 Engineering Conditions: 70. This project is located within the Mello I1 Coastal Plan. All development design shall comply with the requirements of that plan. 71. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. 72. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 73. The applicant shall be responsible for coordination with S.D.G.& E., Pacific Bell Telephone, and Cable TV authorities. 74. This project is approved specifically as 1 (single) unit for recordation. 75. The applicant shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&R’s subject to the approval of the City Engineer prior to final map approval. 76. 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. 77. 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. 78. 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. 25 79. The owner of the subject property shall execute a Hold Harmless Agreement project. 26 regarding drainage across the adjacent prior to approval of the final map for this 27 28 PC RES0 NO. 3546 -13- e II) 80. 1 2 3 4 5 6 7 8 9 10 11 81. 82. This project is located in the CFD District No. 1. As required by state law, prior to the recordation of a final map over any of the subject property, a segregation of assessments must be submitted for all subdivided lots. By applying for a segregation of assessments, the applicant agrees to pay the fee to cover the costs associated with the segregation. A segregation is not required if the applicant 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 each new lot. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Prior to final mar approval, the applicant must submit and receive approval for grading plans in accordance with City Codes and standards. 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. 12 83. The developer shall exercise special care during the construction phase of this in accordance with the Carlsbad Municipal Code and the City Engineer. Reference 13 project to prevent offsite siltation. Planting and erosion control shall be provided 14 Chapter 11.06. 15 84. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to the issuance of grading or building perrnit as may be 16 required by the City Engineer. I.7 11 85. The owner shall make an offer of dedication to the City for all public streets and 18 easements required by these conditions or shown on the tentative map. The offer to the City free and clear of all liens and encumbrances and without cost to the City. 19 shall be made by a certificate on the final map. All land so offered shall be granted 2o 11 Streets that are already public are not required to be rededicated. 21 86. 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 under existing developed conditions. Both 6 hour and 24 hour storm durations shall 23 24 be analyzed to determine the detention basin capacities necessary to accomplish the whichever occurs first. desired results prior to final map approval, issuance of building or grading permits, 25 87. The applicant shall comply with the City’s requirements of the National Pollutant 26 Discharge Elimination System (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to 27 discharge to sensitive areas. Plans for such improvements shall be approved by the 28 22 equal to or less than the runoff from a storm of the same frequency and duration PC RES0 NO. 3546 -1 4- ll e 4 City Engineer prior to approval of the final map, issuance of grading or building 1 permit, whichever occurs first. 2 4 3 88. 5 6 7 8 89. All single family residential lots abutting Camino de las Ondas and Hidden Valley Road shall have access rights to these streets relinquished on the final map. The multi-family lot, Lot 115, shall relinquish all access rights to Hidden Valley Road on the final map except for one entrance access opposite Atlantic Drive as shown on the tentative map. 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 map in accordance with City Standards, the applicant 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: 9 /I A. Completion of public street improvements on the north side of Camino de las 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ondas along the project frontage based on a half street width of 34 feet. B. Full public street improvements on Hidden Valley Road within the project boundaries. Half public street improvements plus 12 feet of paving on the portion of Hidden Valley Road lying on the project boundary. Improvement shall be based on a full right-of-way width of 68 feet and a half street width of 34 feet. All or portions of these Hidden Vdey road improvements my be installed by a City Project. Pursuant to a reimbursement agreement with the City this condition or portions of this condition may be met by that project. C. Full public street improvements on all the interior streets, Atlantic Drive Copacabana Drive, Sugarloaf Drive, Ipanema Drive, Tijuca Drive and Rio Branco Drive as shown on the tentative map. I D. The existing detention-desilt basin located offsite on APN 214471-52 at the South-West comer of Poinsettia Lane and Batiquitos Drive shall be modified to conform to existing basin standards. This project may be eligible to apply for a partial reimbursement for the modifications. E. An offsite sewer outfall line or an outfall system with line, temporary lift station, and force main to the satisfaction of the District Engineer of the Carlsbad Municipal Water District. 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. 90. The storrn drain system as shown on the tentative map is specifically not approved. The system shall be re-designed to meet current City Standards. In particular, the inlets shown in the curb return areas shall be relocated out of the curb return area I I 11 PC RES0 NO. 3546 -15- I/ e 0 1 and the storm drain in Camino de las Ondas shall be relocated to be within seven feet of the curb line. 2 3 91. The storm drain that outlets on Lot 42 shall be extended into the natural drainagc come through an appropriate energy dissipator. 4 5 6 7 8 9 92. The slope shown on the Northeast corner of Hidden Valley road and Camino de la! Ondas shall be moved back in order to create a standard comer sight triangle. 93. AU lots that have comer sight mangles (Lots 1, 2, 16, 17, 21, 56, 57, 68, 69, 104 114, and 115) are restricted against having any obstruction, structure or landscaping over 30 inches in height as measured from the curb grade. The come1 sight triangle is defined as an area between the curb and a line drawn between twa points measured 25 feet from the back of curb of each end of the curb return. A notice of restriction to this effect shall be recorded on each such lot concurrent witk or prior to the final map. lo 94. The applicant shall underground all existing overhead utilities along the subdivision 11 boundary prior to issuance of building permits. 12 14 95. Additional on-site public water mains and fire hydrants are required. l3 Fire Conditions: 96. Applicant shall submit a site plan to the Fire Department for approval, which depicts 15 location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. 16 17 97. Applicant shall submit a site plan depicting emergency access routes, driveways and 18 traffic circulation for Fire Department approval. 98. An all weather, unobstructed access road suitable for emergency service vehicles Fire Chief, the access road has become unserviceable due to inclement weather or operations cease until the condition is corrected. 19 shall be provided and maintained during construction. When in the opinion of the 20 other reasons, he may, in the interest of public safety, require that construction 21 22 23 99. All required water mains, fire hydrants and appurtenances shall be operational Prevention Bureau for specifications and approvals prior to installation. 25 24 101. Native vegetation which presents a fire hazard to structures shall be modified or 26 before combustible building materials are located on the construction site. 100. All security gate systems controlling vehicular access shall be equipped with a "Knox", key-operated emergency entry device. Applicant shall contact the Fire 27 I1 removed in accordance with the specifications contained in the City of Carlsbad 28 PC RES0 NO. 3546 -1 6- ll 1 (I) e Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the Fire Department for approval. 2 3 102. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvemenfi and at least two existing intersections or streets. The map shall also clearly depicl 4 street centerlines, hydrant locations and street names. 5 Water District Conditions: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 103. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure and flow demands are met. 104. The developer shall be responsible for all fees, deposits and charges which will be collected at time of issuance of the building permit. The San Diego County Water Authority capacity charge which will be collected at issuance of application foI meter installation. 105. Sequentially, the Developers Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire prorection requirements. B. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. - E.D.U.) plian for potable, reclaimed and sewer systems prior to the preparation of improvement. 106. This project is approved upon the expressed 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 service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the find map. I 23 107. Developer shall be responsible for the following system: il 24 25 26 27 28 A. Install 12" potable water line in Hidden Valley Road from Camino De Las Ondas to north of subject project. Developer shall be eligible for reimbursement if oversizing of waterline occurs. B. Install 8" reclaimed water line in Hidden Valley Road from Camino De Las Ondas to north of subdivision. PC RES0 NO. 3546 -1 7- q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 e C. Pursuant to Local Facilities Management Plan Zone 20(a), the subject projec will be served through an 8" local trunk line to be located in the futu~ Hidden Valley Road and gravity flow into the San Marcos Interceptor. Th installation and cost of the 8" local trunk line will be the responsibility of th developer. Developer shall be responsible for all onsite and offsite expense: Any temporary service alternates must be approved by the District Enginea D. The district has an existing 6" potable waterline along the easterly propert line developer shall relocate at his expense. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, California, held on the 3rd day of November, 199: by the following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Bet; Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: n & BAILEY NOBLg Chairperson CARLSBAD PLANNING COMMISSION PLANNING DIRECTOR PC RES0 NO. 3546 -18- ~