HomeMy WebLinkAbout1993-11-03; Planning Commission; Resolution 3546.J.
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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
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WHEREAS, said verified application constitutes a request as provided by Title
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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.
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20 I! NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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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 Commission
recommends APPROVAL of CT 92-01, based on the following findings and subject
to the following conditions:
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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.
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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.
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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.
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15 Unified School District.
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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
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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
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10. The project complies with all requirements of Chapter 20.12 of the Carlsbad
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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.
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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
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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.
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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.
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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
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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
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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:
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"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.
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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.
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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.
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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
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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
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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.
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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
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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:
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(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;
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(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
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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.
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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.
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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
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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;
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2%
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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:
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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.
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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
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22 by future roadway improvements.
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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.
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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.
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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
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4 66. Paleontology:
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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.
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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.
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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.
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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.
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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
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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
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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
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PC RES0 NO. 3546 -1 4- ll
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City Engineer prior to approval of the final map, issuance of grading or building
1 permit, whichever occurs first.
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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
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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.
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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-
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and the storm drain in Camino de las Ondas shall be relocated to be within seven
feet of the curb line.
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91. The storm drain that outlets on Lot 42 shall be extended into the natural drainagc
come through an appropriate energy dissipator.
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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.
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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.
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17 97. Applicant shall submit a site plan depicting emergency access routes, driveways and
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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
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99. All required water mains, fire hydrants and appurtenances shall be operational
Prevention Bureau for specifications and approvals prior to installation. 25
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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
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Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Fire Department for approval.
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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:
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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
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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-
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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:
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& BAILEY NOBLg Chairperson
CARLSBAD PLANNING COMMISSION
PLANNING DIRECTOR
PC RES0 NO. 3546 -18-
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