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HomeMy WebLinkAbout1993-11-03; Planning Commission; Resolution 3565- c 7’ /i 0 0 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 3565 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE PROPERTY GENERALLY LOCATED IN THE NORTHEAST QUADRANT OF THE CITY, SOUTH OF CARLSBAD VILLAGE DRIVE, EAST OF VICTORIA AVENUE, IN THE CALAVERA HILLS MASTER PLAN IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 7. CASE NAME: CUVERA HEIGHTS VILLAGE “H” TRACT MAP TO SUBDMDE 13 SINGLE-FAMILY LOTS ON CASE NO: CT 90-19 8 I1 WHEREAS, a verified application for certain property to wit: 9 10 11 Portions of Lots D, E, and J of The Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 823 on file at the Office of the County Recorder of San Diego County. 12 has been filed with the City of Carlsbad and referred to the Planning Commission; and . 13 WHEREAS, said verified application constitutes a request as provided by Titi! 14 21 of the Carlsbad Municipal Code; and 15 16 WHEREAS, the Planning Commission did, on the 3rd day of November, 199: 17 18 WHEREAS, at said public hearing, upon hearing and considering all testimoq 19 1 factors relating to the Tentative Tract Map. 20 and arguments, if any, of all persons desiring to be heard, said Commission considered al hold a duly noticed public hearing as prescribed by law to consider said request; and 21 I/ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior 22 23 as follows: 24 // A) That the above recitations are true and correct. 25 26 B) That based on the evidence presented at the public hearing, the Commissior APPROVES CT 90-19, based on the following findings and subject to thf following conditions: 27 28 - a 0 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Findinns: 1. The project is consistent with the City's General Plan and the Calavera Hills Mastt Plan since the overall proposed density of 1 du/acre is within the RL density mg of 0-1.5 du's/acre specified for the site as indicated on the Land Use Element of th General Plan, and is at or below the growth control point of 1. 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 thi project, ensured building permits will not be issued for the project unless the Cit Engineer determines that sewer service is available, and building cannot occu within the project unless sewer service remains available, and the Plannin Commission is satisfied that the requirements of the Public Facilities Element of th General Plan have been met insofar as they apply to sewer service for this projecr 3. The project is in compliance with the adopted mitigation measures of Fina Environmental Impact Report 90-05 and would not create any additional significan adverse environmental impacts. 4. The applicant is by condition, required to pay any increase in public facility fee, o new construction tax, or development fees, and has agreed to abide by aq additional requirements established by a Local Facilities Management Plan preparec pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensurc continued availability of public facilities and will mitigate any cumulative impact created by the project. 5. This project is consistent with the City's Growth Management Ordinance as it ha been conditioned to comply with any requirement approved as part of the Loca Facilities Management Plan for Zone 7. 6. School fees will be paid to ensure the availability of school facilities in the Carlsbac Unified School District. 7. All necessary public improvements have been provided or will be required a! conditions of approval. 8. The applicant has agreed and is required by the inclusion of an appropriatf condition to pay a public facilities fee. Performance of that contract and paymen of the fee will enable this body to find that public facilities will be availablt concurrent with need as required by the general plan. 9. The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. PC RES0 NO. 3565 -2 - 28 I1 a a 1 2 3 4 5 6 7 8 9 10 10. 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 thc density proposed. 11. The proposed project is compatible with the surrounding future land use sincc surrounding properties are designated for residential development on the genera plan. 12. The Tentative Tract Map satisfies all requirements of the Title 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act. General Planning Conditions: 1. Recommendation of approval is granted for CT 90-19, as shown on Exhibits "A"-"M", dated November 3, 1993 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 11 2. This project shall comply with all conditions and mitigation measures which ma3 be required as part of the Zone 7 Local Facilities Management Plan and an3 12 amendments made to that Plan prior to the issuance of building permits. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 4. This project is also approved under the express conditions that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated March 13, 1990, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 5. Water shall be provided to this project pursuant to the Water Service Agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. 6. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on PC RES0 NO. 3565 -3- e a 1 2 this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the conditions complies with all requirements of law. 3 11 7. Approval of this request shall not excuse compliance with all sections of the Zoning 4 Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 5 6 7 8. Approval of CT 90-19 is granted subject to approval of PUD 90-20, and HDP 90-25. 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 submitted to the City Engineer and approved prior to building, grading, final map, 8 9 shall reflect the conditions of approval by the City. The map copy shall be or improvement plan submittal, whichever occurs first. lo j/ 10. A 500' scale map of the subdivision shall be submitted to the Planning Director prior 11 12 11. As part of the plans submitted for building permit plan check, the applicant shall 13 include a reduced version of the approving resolution/resolutions on a 24" x 36" to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. 14 I/ blueline drawing. 15 16 17 18 19 20 21 22 12. The applicant shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: "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 RL. The Growth Control Point for this designation is one dwelling unit 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 of the Carlsbad Municipal Code." ~ these parcels must also include all parcels under the general plan and Chapter 21.90 23 11 13. The applicant shall submit a street name list consistent with the City's street name 24 II policy subject to the Planning Director's approval prior to final map approval. 25 14. The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a 26 27 28 PC RES0 NO. 3565 -4- L a 0 1 2 3 15. 4 5 6 7 8 9 16. 10 11 12 l3 17. 14 15 16 18. 'lry bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District. 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. The CC&R's shall include provisions specifying that there shall be Homeowner's Association maintenance responsibility for all natural open space lots and easements, slope maintenance easements, and offsite manufactured slopes shown on the approved tentative tract map and landscape plan (CT 90-19), which is on file in the Planning Department. Prior to final map approval the Village "HI' Design Standards shall be incorporated into the CC&Rs and be recorded against each lot within the project. The CC&Rs shall state that the developer, or successor in interest, shall provide all lot purchasers with a copy of these design standards as part of their sales program. Prospective buyers shall be informed that these guidelines will be administered by the City prior to issuance of grading or building permits, whichever occurs first. Prior to (or concurrent with) approval of the hal map, the applicant shall dedicate Lots 14 and 15 to the Homeowners' Association as permanent open space. This stipulation shall be included in the CC&R's The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. A.[ II 18 19 19* 21 20 22 24 23 Prior to the issuance of the building permit there shall be a Notice of Restriction placed on the deed to this property subject to the satisfaction of the Planning Director notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Planned Development Permit, and Hillside Development Permit by Resolutions No.'s 3565, 3566, and 3567 on the real property owned by the declarant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. Said Notice of Restriction may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project. 25 20. All roof appurtenances, including air conditions, shall be architecturally integrated 26 and concealed from view and sound buffered from adjacent properties and streets, 27 PC RES0 NO. 3565 -5- 28 , !I 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 in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. 21. The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. 22. The applicant shall submit a wall and fencing plan subject to Planning Director approval prior to issuance of building permits. All sound attenuation walls shall provide offsets to provide for landscape screening consistent with the Calavera Hills Master Plan. Affordable Housinz Conditions: 23. The project shall construct housing units affordable to persons and families of lower income and comply with all the requirements of the Affordable Housing Plan of the Calavera Hills Master Plan. 24. Prior to final map approval, an Affordable Housing Agreement shall be required to be submitted by the applicant to the City, approved by the Planning Director and Director of Housing and Redevelopment, and completed and recorded as a deed restriction on those units of the project which are designated for the location of low-income affordable units. The Affordable Housing Agreement shall be binding to all future owners and successors in interest. The Affordable Housing Agreement, for which the inclusionary housing requirement will be satisfied through new construction of inclusionary units, either onsite, offsite, or through a combined inclusionary housing project, shall establish, but not be limited to, the following: (a> (b> (c) (dl (e> (0 (g) (h) (9 The number of inclusionary dwelling units proposed; The unit size(s) (square footage) of the inclusionary units and the number of bedrooms per inclusionary dwelling units; The proposed location of the inclusionary units; Tenure of dordablity for inclusionary units (30 years minimum); Schedule for production of the dwelling units; Incentives and/or financial assistance provided by the City; Where applicable, terms and conditions establishing rules and procedures for quahfying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable inclusionary dwelling units; Where applicable, term and conditions governing the initial sale of for-sale inclusionary units; and Standards modifications granted by the City. 25. Prior to final map approval, a Site Development Permit that satisfies the affordable housing requirements for this project shall be approved. PC RES0 NO. 3565 -6 - I1 I/ e e 1 2 3 4 5 Sign Conditions: 26. 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 0: identification and/or addresses shall contrast to their background color. 27. 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. 6 7 Landscape Conditions: 8 28. The applicant shall prepare a detailed landscape and irrigation plan which shall be 9 submitted to and approved by the Planning Director prior to the approval of grading or building permits, whichever occurs first. 10 11 12 13 14 15 29. All landscaping shall comply with the Landscape Requirements of the Calavera Hills Master Plan. 30. Prior to approval of the landscape and irrigation plans, the plans shall include a provision for landscaping on all manufactured offsite slopes created by this project to the satisfaction of the Planning Director. At a minimum the landscaping shall include erosion control and provide for visual screening of the slopes. 31. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. 16 32. The developer shall install street trees at the equivalent of 40-foot intervals along 3.7 all public street frontages in conformance with City of Carlsbad standards. The 18 trees shall be of a variety selected from the approved Street Tree List. 33. A master plan of the existing onsite trees shall be provided to the Planning Director preserved prior to the issuance of a grading permit or a building permit, whichever occurs first. 19 as part of the final grading plan to determine which trees shall be required to be 2o I 21 22 23 24 25 26 27 34. Existing onsite trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Department during the review of a Master Plan to submitted showing existing onsite trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Department. ~ PC RES0 NO. 3565 -7- 28 1 2 3 4 5 6 7 8 9 0 0 35. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. 36. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. 37. The developer shall avoid trees that have invasive root systems, produce excessive litter and/or too large relative to the lot size. 38. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been I installed as shown on the approved landscape plans. I 10 11 39. All herbicides shall be applied by applicators licensed by the State of California. 11 12 40. The applicant shall pay a landscape plan check and inspection fee as required by 13 plans and grading plans. 14 15 shall match the grading plans in terms of scale and location of improvements. 16 43. The minimum shrub size shall be 5 gallons. One (1) gallon shrub sizes may be used if it is deemed to be more beneficial for the long term survivability of the plants as 17 determined by the Planning Director. 18 19 residential units. 2o 45. 20% of the trees in the project shall be 24" box or greater. 21 Environmental Mitigation Conditions: 22 46. Prior to occupancy of individual units, the applicant shall construct noise 23 attenuation walls consistent with the noise study prepared by Mestre Greve 24 Associates dated May 21, 1990 and as shown on Exhibit "B", dated November 3, 1993 on file in the Planning Department. The applicant shall provide these noise 25 mitigation measures to comply with Planning Department Policy No. 17. Section 20.08.050 of the Carlsbad Municipal Code. 41. The first set of landscape and irrigation plans submitted shall include improvement 42. All landscape and irrigation plans shall show existing and proposed contours and 44. The number of trees in the project shall be equal to or greater than the number of 26 27 28 PC RES0 NO. 3565 -8- I1 I) e 1 2 3 4 5 6 7 8 9 10 3.1 47. Prior to issuance of building permits: (1) interior noise levels shall be mitigated to 45 dBA CNEL when openings to the exterior of the residence are closed; (2) if openings are provided, mechanical ventilation shall be provided, and; (3) all useable exterior space above the first floor shall be mitigated to a maximum of 60 dBA CNEL. 48. Prior to the issuance of building permits the owner of record of the property shall prepare and record a notice that this property is subject to noise impacts from the existing Carlsbad Village Drive transportation corridor and overflight, sight, and sound of aircraft operating from Palomar Airport. The notice shall be prepared in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall post aircraft noise notification signs in all rental offices associated with the new development. The number and location of said signs shall be approved by the Planning Director. 49. All building pad and street areas that are graded and remain vacant or undeveloped 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 montt time period shall start at the completion of each individual grading phase. 12 50. Prior to approval of a final map, the project and the Carlsbad Viiage Drive widenin$ resource agencies including the California Department of Fish and Game and thf 13 Improvement Plans shall be reviewed and approved, if necessary, by any applicablf 14 Fish and Wildlife Service to assess potential impacts to coastal sage scrub habita and the California gnatcatcher. 15 51. Prior to approval of a final map a spring survey shall be required to determine thf 16 presence or absence of thread-leaved brodiaea along the proposed trail alignmenk north of Carlsbad Village Drive. If thread-leaved brodiaea is found the trail shall bc construction, trail grading shall be minimized and the trail shall be aligned to follov the natural contours of the topography. 17 realigned to avoid impacts. To reduce the open space impacts caused by trai l8 I 19 20 21 22 23 52. Prior to issuance of a grading or building permit, whichever comes first, a so2 report shall be prepared and submitted to the City of Carlsbad. If the soils repor indicates the presence of potential fossil bearing material then a standard twc phased program, on file in the Planning Department, shall be undertaken to avoic possible significant impacts on paleontological resources under the direction of th( Planning Department. "" 24 25 "" 26 II 27 j/ PC RES0 NO. 3565 -9- 28 e 0 Engineering Conditions: 53. The owner of the subject property shall execute an agreement holding the Ciq 1 2 -2 harmless regarding drainage across the adjacent property prior to approval of anJ grading or building permit for this project. o I1 4 5 6 7 54. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. I 8 55. Unless a standards variance has been issued, no variance from City Standards is 9 10 11 authorized by virtue of approval of this tentative map. 56. The applicant shall comply with all the rules, regulations and design requirement5 of the respective sewer and water agencies regarding services to the project. 57. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell 12 Telephone, and Cable TV authorities. 13 14 15 16 58. 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 I? I1 approval. 18 59. A note to the effect of the following shall be placed on a separate sheet of the final map. All improvements are private and are to be privately maintained with the 19 exception of the following: 2o i A. Carlsbad Village Drive widening/improvements. 21 22 23 24 25 26 B. Tamarack Avenue Sidewalk Construction C. All facilities located within public easements as follows: Storm drain east of Carlsbad Village Drive Sewer south of "A" Street Water main in "A" Street . Improvements to Victoria Avenue 27 28 PC RES0 NO. 3565 .lo- 0 0 A note shall be placed on the improvement plans stating which utilities are public 1 and which are private. 2 3 4 5 60. Approval of this tentative tract map shall expire twenty-four (24) months from thc date of Planning Commission approval unless a final map is recorded. An extensior may be requested by the applicant. Said extension shall be approved or denied a1 the discretion of the Planning Commission. In approving an extension, the Planning Commission may impose new conditions and may revise existing conditions pursuant to Section 20.12.1 lO(a)(2) Carlsbad Municipal Code. 6 7 61. 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 8 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 Subdivisior 9 Map Act. lo // 62. Prior to issuance of a building permit for any buildable lot within the subdivision: 11 12 13 14 the property owner shall pay a one-time special development tax in accordance wit1 City Council Resolution No. 91-39. 63. The applicant shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. I.5 /I 64. Prior to final map approval the applicant shall pay all current fees and deposits 16 65. Prior to approval of the final map, the owner shall enter into an agreement with the I'7 required at the time of final map. 19 Plan Update. City to pay any drainage area fees established as a result of the Master Drainage 18 66. Prior to final map approval the owner shall execute a hold harmless agreement for 2o I geologic failure. 21 22 23 24 25 26 27 67. 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 map approval, the applicant must submit and receive approval for grading plans in accordance with City Codes and standards. .... .... PC RES0 NO. 3565 -11- 28 I1 e 0 68. No grading shall occur outside the limits of the subdivision unless a grading or slope is unable to obtain the grading or slope easement, no grading permit will be issued. so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and 1 Planning Director. 4 In that case the applicant must either amend the tentative map or change the slope 2 easement is obtained from the owners of the affected properties. If the applicant 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o I 21 22 23 69. Prior to approval of the final map or issuance of a grading permit, whichever occm first, the applicant shall submit a comprehensive phased grading plan subject tc approval of the City Engineer and Planning Director. If the phasing plan include! grading in mother planning area within the master plan the final map or gradin) permit shall not be approved until a tentative map or other required discretionaq permits are approved for that planning area. 70. 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. 71. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chapter 11.06. 72. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. 73. The applicant shall place the following note on a non-mapping data sheet of the final map: Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 74. Direct access rights for all lots abutting Victoria Avenue and Carlsbad Village Drive 25 I 24 i shall be waived on the final map. 26 I1 27 !I PC RES0 NO. 3565 -12- 28 0 e 1 2 3 4 i 75. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner ha5 sufficient title or interest to permit the improvements to be made withoul acquisition of title or interest. The applicant shall conform to Section 20.16.095 ol the Carlsbad Municipal Code. This conditional approval is null and void if title tc said property is not obtained, unless the City Engineer and Planning Director make findings of substantial conformance without construction of said improvements. 5 76. Prior to approval of any grading or building permits for this project, the owner shal: the site plan into the existing City of Carlsbad Street Lighting and Landscaping 6 give written consent to the annexation of the area shown within the boundaries oj 7 District No. 1 on a form provided by the City. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 77. The applicant shall comply with the City’s requirements of the National Pollutanl Discharge Elimination System (NPDES) permit. The applicant shall provide besl management practices to reduce surface pollutants to an acceptable level prior tc discharge to sensitive areas. Plans for such improvements shall be approved by thc City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. 78. Plans, specifications, and supporting documents for all public improvements shal be prepared to the satisfaction of the City Engineer. Prior to approval of the fina map in accordance with City Standards, the applicant shall install, or agree to instal and secure with appropriate security as provided by law, improvements shown or the tentative map and the following improvements: A. Standard 5 foot wide sidewalk improvements including streetlights along thc project frontage along Tamarack Avenue. B. Interim improvements to Carlsbad Village Drive along the project frontagc and offsite westerly approximately 620 feet +. to transition to the existing fully improved roadway as follows: (1) Removals and relocations of existing improvements (curbs anc gutters, A.C. berms and guardrails, etc.) along the northerly anc easterly sides of existing Carlsbad Village Drive and grading necessaq to widen the roadway and construct curb and gutter, sidewalk vehicular guardrail and retaining walls with pedestrian guardrail! along the northerly and easterly sides of Carlsbad Village Drive ir order to provide a typical curb to curb street section of 34 feet. Thi! 34 foot curb to curb street section shall widen and transitior southeasterly through the intersection with Victoria Avenue in ordel to provide 13 foot wide travel lanes in each direction through an( adjacent to the intersection and also to provide a 10 foot wid( 27 I/ PC RES0 NO. 3565 13- 28 I! 1 2 3 4 5 6 e 0 westbound left turn lane from Carlsbad Village onto Victoria Avenue This transition shall join the existing fully improved roadwa3 approximately 400 feetf east of the intersection of Victoria Avenue (2) Additional street lights shall be provided along the west side 0: Carlsbad Village Drive as may be required to the satisfaction of tht City Engineer. (3) Street signs and striping shall be provided to the satisfaction of the City Engineer. 7 a 9 10 11 12 13 14 15 16 17 C. Prior to (or concurrent with) approval of the final map an irrevocable offel of dedication to the City of Carlsbad, Open Space District or other similal entity designated by the City of Carkbad, for a perpetual easement for public trails over, upon and across lot(s) 14-16, as shown on the tentative map, and if determined desirable by the Open Space Committee, the spur trai discussed at the Planning Commission shall be made on the final map, fol trails that are part of the Carlsbad Trail System, see Exhibit "B", datec November 3, 1993. If prior to recordation of final map, the City of Carkbad adopts the financini mechanisms necessary to implement the Carlsbad Trail System, the trail shown on the tentative map and if determined desirable by the Open Spacc Committee, the spur trd discussed at the Planning Commission shall be constructed prior to occupancy of the first unit within open space lot(s) 14. 16, etc. and shall be constructed by the developer pursuant to the guideline: of the Open Space and Conservation Resource Management Plan, and dedicated to the City of Carlsbad. If the City of Carlsbad accepts dedicatior of the trail easement, the City shall assume responsibility, maintenance ant liability for the trail(s). 18 19 20 21 If prior to recordation of final map, the City of Carlsbad does not adopt tht financing mechanism necessary to implement the Carlsbad Trail System, tht applicant will not be required to construct the proposed trails. Saic unimproved open space lots shall be annexed to and maintained by tht Master Homeowner Association as stated in the CC&R's. 22 23 24 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. 25 26 27 PC RES0 NO. 3565 -14- 28 il * 0 e 79. 1 2 3 4 5 6 7 8 9 10 11 12 84. 13 14 15 16 17 18 80. 81, 82. 83. The subdivider shall be responsible to pay the recording fees for all agreements easements and documents required for this project prior to issuance of a gradin2 pennit. The developer shall install street lights along all public and private street frontage: in conformance with City of Carlsbad Standards. The applicant shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy 0; any buildings. Prior to any construction that includes clearing, grading or excavation that resulk in soil disturbance of five acres or more the property owner shall file a Notice 0: Intent (NOI) with the California State Water Quality Control Board (CSWQCB) anc pay the appropriate fee for a storm water permit. The City Engineer shall submit a Reimbursement Agreement for the interin improvements to Carlsbad Village Drive to the City Council for their approva concurrent with the processing of the final map. The developer shall make an offer of dedication to the City for all public streets an( easements required by these conditions or shown on the tentative map. The offe shall be made by a certificate on the hal map for this project. AU land so offered shall be granted to the City free and clear of all liens and encumbrances and withoul cost to the City. Streets that are already public are not required to be rededicated, Specifically the dedications for street purposes required to construct the improvements shown on the tentative map including required slope easements, shal be offered and accepted on the final map. The remaining portions of the ultimatc 84 foot wide dedication for street purposes including required ultimate slopc easements shall be offered and rejected on the final map, thus creating ar irrevocable offer of dedication. 19 22 86. Applicant shall submit a site plan to the Fire Department for approval, which depict: 21 85. Additional onsite public water and fire hydrants are required. 20 \ Fire Conditions: location of required, proposed and existing public water mains and fire hydrants. The plan should include offsite fire hydrants within 200 feet of the project. 23 87. An all-weather, unobstructed access road suitable for emergency service shall be 24 provided and maintained during construction. When in the opinion of the Fire 25 II Chief, the access road has become unserviceable due to inclement weather or other 26 I1 11 PC RES0 NO. 3565 27 -15- 28 a 0 1 2 3 4 5 A reasons, he may, in the interest of public safety, require that construction operatiom cease until the condition is corrected. 88. All required water mains, fire hydrants and appurtenances shall be operationa before combustible building materials are located on the construction site. 89. Native vegetation which presents a fire hazard to structures shall be modified 0: removed in accordance with the specifications contained in the City of Carlsbat Landscape Manual. Applicant shall submit a Fire Suppression plan to the Fir€ Department for approval, prior to approval of the final landscape plan. tj II 7 8 9 10 90. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvement! and at least two existing intersections or streets. The map shall also clearly depia street centerlines, hydrant locations and street names. ~ 91. Buildings having an aggregate floor area exceeding 10,000 square feet shall bc ~ protected by an automatic sprinkler system. 11 Water District Conditions: 12 92. The entire potable water system, reclaimed water system and sewer system shall bt 13 evaluated in detail to ensure that adequate capacity, pressure and flow demands arc 14 15 16 17 met. 93. 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 will be collected at issuance of application for meter installation. l8!l 94. Sequentially, the Developers Engineer shall do the following: 19 I 20 21 22 23 24 A. Meet with the City Fire Marshal and establish the fire protection 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.) plan for potable, reclaimed and sewer systems prior to the preparation of improvement plans. 25 11 26 I1 27 11 PC RES0 NO. 3565 -16- 28 I) il ll e e 1 2 3 95. This project is approved upon the expressed condition that building pennits will no be issued for development of the subject property unless the water district servin~ the development determines that adequate water service and sewer facilities an available at the time of application for such water service and sewer perrnits wil continue to be available until the time of occupancy. This note shall be placed or the final map. 4 5 6 and Water Main Extension in Elm Avenue". The total assessed reimbursemen 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj 8 Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993, 9 by the following vote, to wit: 96. This project is located in the Benefit Area Map entitled "Line "B" Branch Relocatior against this project is $34,155.10. 10 11 12 AYES: Chairperson Noble, Commissioners: Schlehuber, Betz, Welshons, Savary, Erwin & Hall. NOES: None. 13 11 ABSENT: None. 14 15 16 17 18 19 20 ABSTAIN: None. n # BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 21 22 PLANNING DIRECTOR 23 24 25 Y MICHAEL J. HOLZMILL~~R 26 27 PC RES0 NO. 3565 17- 28