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HomeMy WebLinkAbout1993-11-17; Planning Commission; Resolution 35560 1 2 3 4 5 6 7 8 9 PLANNING COMMISSION RESOLUTION NO. 3556 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAFUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP 186 PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: MARINERS POINT SINGLE-FAMILY LOTS AND 176 APARTMENT UNITS ON CASE NO: CT 91-12 WHEREAS, a verified application for certain property to wit: Southeast quarter of Section 21, Township 12 South, range 4 west San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat. 10 has been filed with the City of Carlsbad and referred to the Planning Commission; and I/ l1 I1 WHEREAS, said verified application constitutes a request as provided by Title I.2 (I 21 of the Carlsbad Municipal Code; and 13 II 14 I1 WHEREAS, the Planning Commission did, on the 17th day of November, 15 I1 1993, hold a duly noticed public hearing as prescribed by law to consider said request; and 16 factors relating to the Tentative Map. l8 and arguments, if any, of all persons desiring to be heard, said Commission considered all 17 WHEREAS, at said public hearing, upon hearing and considering all testimonj 19 11 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 20 21 22 23 B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 91-12, based on the following findings and subject 24 to the following conditions: as follows: A) That the above recitations are true and correct. 25 .... 26 27 .... 28 .. . ” . 0 a Findings: 1. The project is consistent with the General Plan and Zone 20 Specific Plan since th~ specified for the site as indicated on the Land Use Element of the General Plan, an4 is at or below the growth control point of 6. 1 2 overall proposed density of 5.4 dus/acre is within the density range of 4-8 dus/acr 3 4 5 6 7 8 9 10 11 12 13 14 15 I ~ 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 tht District Engineer determines that sewer service is available, and building canno occur within the project unless sewer service remains available, and the Planninj Commission is satisfied that the requirements of the Public Facilities Element of tht 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 Fina Environmental Impact Report 90-03 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 an! additional requirements established by a Local Facilities Management Plan prepare( pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impact: created by the project. 16 5. This project is consistent with the City‘s Growth Management Ordinance as it ha5 1 7. Park-in-lieu fees are required as a condition of approval. 20 6. School fees will be paid to ensure the availability of school facilities in the Carlsbad I.8 Facilities Management Plan for Zone 20. 17 been conditioned to comply with any requirement approved as part of the Local 19 Unified School District. 21 22 8. All necessary public improvements have been provided or will be required a: conditions of approval. 23 9. The applicant has agreed and is required by the inclusion of an appropriate 24 condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available 25 11 concurrent with need as required by the generalplan. 26 27 PC RES0 NO. 3556 -2- 28 ,2 . '. ' , I/ 0 0 10. The project complies with all requirements of Chapter 20.12 of the Carlsbac 1 Municipal Code. 2 3 11. The site is physically suitable for the type and density of the development since thc site is adequate in size and shape to accommodate residential development at thc 4 density proposed. 12. The proposed project is compatible with the surrounding future land use sincl 5 surrounding properties are designated for residential development on the genera plan. 6 7 13. The project is consistent with all policies of the Me110 11 Local Coastal Program. 8 9 14. The tentative map satisfies all requirements of the Title 20 and 21 of the Carlsbal Municipal Code and the State Subdivision Map Act. 10 11 12 13 14 15 General P1anni.n~ Conditions: 1. Recommendation of approval is granted for CT 91-11, as shown on Exhibits "A" "OO", dated November 17, 1993 incorporated by reference and on file in thc Planning Department. Development shall occur substantially as shown unles: otherwise 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. I I 16 3. This project is approved upon the express condition that building permits will no be issued for development of the subject property unless the District Enginee: sewer permits and will continue to be available until time of occupancy. This notc shall be placed on the final map. 17 determines that sewer facilities are available at the time of application for sucl 18 19 20 21 22 23 24 I 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 amendec from time to time, and any development fees established by the City Counci pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinancc adopted to implement a growth management system or facilities and improvemen plan and to fulfill the subdivider's agreement to pay the public facilities fee date( November 26, 1991, a copy of which is on file with the City Clerk and i: incorporated by this reference. If the fees are not paid, this application will not bt consistent with the General Plan and approval for this project will be void. 25 26 ' 27 .... PC RES0 NO. 3556 -3- 28 .\ . .. '. ' , 0 * 1 2 3 5. If any condition for construction of any public improvements or facilities, or thl payment of any fees in lieu thereof, imposed by this approval or imposed by law 01 this project are challenged this approval shall be suspended as provided i Government Code Section 66020. If any such condition is determined to be invalic this approval shall be invalid unless the City Council determines that the projec without the conditions complies with all requirements of law. 4 6. Approval of this request shall not excuse compliance with all sections of the Zonin! 5 Ordinance and all other applicable City ordinances in effect at time of buildin! permit issuance. 6 7 7. Approval of CT 91-12 is granted subject to the approval of SDP 91-11, HDP 91-25 SP-203, and Final EIR 90-03. 8 9 10 11 12 13 8. The developer shall provide the City with a reproducible 24" x 36", mylar copy c the Tentative Map as approved by the Planning Commission. The Tentative Ma shall reflect the conditions of approval by the City. The map copy shall b submitted to the City Engineer and approved prior to building, grading, final map or improvement plan submittal, whichever occurs first. 9. A 500' scale map of the subdivision shall be submitted to the Planning Director prio: to the recordation of the final map. Said map shall show all lots and streets withir and adjacent to the project. l4 15 10. As part of the plans submitted for building permit plan check, the applicant shal include a reduced version of the approving resolution/resolutions on a 24" x 36 applicable Coastal Development Permit and signed approved site plan. 16 blueline drawing. Said blueline drawing(s) shall also include a copy of aq 17 18 19 20 21 22 23 24 25 26 27 28 11. The applicant shall provide the following note on the final map of the subdivisior and final mylar of this development submitted to the City: "Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Managemen Control Point for each General Plan land use designation. Development canno exceed the Growth Control Point except as provided by Chapter 21.90. The lanc use designation for this development is RM and RLM. The Growth Control Poin for these designations are 6 and 3.2 dwelling units per nonconstrained acre. All parcels were used to calculate the intensity of development under the genera plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one o these parcels must also include all parcels under the general plan and Chapter 21.9( of the Carlsbad Municipal Code". . .. . PC RES0 NO. 3556 -4- ~ .. ~h . .. e 0 12. Prior to approval of the final map, the applicant shall receive approval of a Coasta conforms to this approval. If the approval is substantially different, an amendmen 1 to CT 91-12 shall be required. 2 Development Pennit issued by the California Coastal Commission that substanti4 3 4 13. The applicant shall submit a street name list consistent with the City's street naml 14. The applicant shall pay park-in-lieu fees to the City, prior to the approval of th, 5 policy subject to the Planning Director's approval prior to final map approval. 6 iI final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 7 8 approved by the Planning Director prior to final map approval. 15. The applicant shall establish a homeowner's association and correspondini covenants, conditions and restrictions. Said CC&R's shall be submitted to an( 9 10 11 The CC&R's shall include provisions spec~g the Homeowner's Associatio~ maintenance responsibility for all natural open space and slope maintenancc easements, and offsite manufactured slopes shown on the approved tentative ma] and landscape plan (CT 91-12), which is on file in the Planning Department. 12 16. The developer shall provide a minimum of 25% of the single-family lots wit1 The CC&R's shall prohibit the storage of recreational vehicles in the required fron 13 adequate sideyard area for recreational vehicle storage pursuant to City Standards 14 yard setback. Adjustments in the plotting of units as illustrated on the approved sit1 plan will be allowed in hal Engineering to accommodate this requirement. 15 17. The applicant shall provide school fees to mitigate conditions of overcrowding a: 16 17 part of building permit application. These fees shall be based on the fee schedult in effect at the time of building permit application. 18 19 20 21 22 23 24 25 18. Prior to the issuance of the building permit there shall be a Notice of RestrictioI placed on the deed to this property subject to the satisfaction of the Planniq Director notifying all interested parties and successors in interest that the City o Carlsbad has issued a Tentative Map, Site Development Plan, and Hillsidc Development Permit by Resolutions Noh 3556, 3557, and 3558 on the rea property owned by the declarant. Said Notice of Restriction shall note the properq 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 thc Notice of Restriction. Said Notice of Restriction may be modified or terminated onl~ with the approval of the Planning Director, Planning Commission or City Counci: of the City of Carlsbad whichever has final decision authority for this project. ... 26 27 PC RES0 NO. 3556 -5- 28 .I , '. I1 e 0 19. All roof appurtenances, including air conditioners, shall be architecturally integratec in substance as provided in Building Department Policy No. 80-6, to the satisfactio: 1 of the Directors of Planning and Building. 2 and concealed from view and sound buffered from adjacent properties and street: 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 20. In Area "c" all visitor parking spaces shall be striped a different color than thc assigned resident parking spaces and shall be clearly marked as may be approve( by the Planning Director prior to occupancy of individual units. 21. The developer shall display a current Zoning and Land Use Map in the sales officc at all times, or suitable alternative to the satisfaction of the Planning Director. 22. Trash receptacle areas in Unit "C" shall be enclosed by a six foot high masonry wal with gates pursuant to City standards. The enclosure shall be of similar color and/or materials to the project to the satisfaction of the Planning Director. 23. For Area "C" an exterior lighting plan including parking areas shall be submitted fo Planning Director approval prior to issuance of building permits. All lighting shal be designed to reflect downward and avoid any impacts on adjacent homes 01 property- 24. The applicant shall submit a wall and fencing plan subject to Planning Direct01 approval prior to issuance of building permits. 25. 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 tht Planning Director. 26. Prior to approval of the final map or issuance of building permits, whichever occur- first, the applicant shall establish a process to notify, to the satisfaction of the Planning Director and City Attorney, all owners, users and tenants of this projecl that a community park site is located near this project to the northwest. 27. Prior to approval of the final map, the owner proposing a future neighborhooc commercial development of overlay designated property shall obtain Planninj Director approval of a program to disclose the potential commercial use to futurt owners of the surrounding properties. 28. To service this development the project shall provide bus stop facilities at location! subject to the satisfaction of the North County Transit District. Said facilities shal at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District. PC RES0 NO. 3556 -6- 28 L. ,. ,. e 0 29. This project shall comply with the requirements of the Zone 20 Specific Plan (SI 1 3 Affordable Housing Conditions: 2 203). 30. This project is approved, subject to the condition that the required ratio of incomt 4 restricted units shall be constructed concurrent with the project's market rate units 5 31. The project shall construct housing units affordable to persons and families of lowe Zone 20 Specific Plan (SP 203). 6 income and comply with all the requirements of the Affordable Housing Plan of th 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 32. Prior to final map approval, an Affordable Housing Agreement shall be required tl be submitted by the applicant to the City, approved by the Planning Director an~ 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-income affordable units. The Affordable Housing Agreement shall be bindin! 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, shall establish, but not be limited to, th( following: a. The number of inclusionary dwelling units proposed; b. The unit size(s) (square footage) of the inclusionary units and c. The proposed location of the inclusionary units; d. Tenure of affordability for inclusionary units (30 years minimum); e. Schedule for production of the dwelling units; 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; the number of bedrooms per inclusionary dwelling units; f. Incentives and/or financial assistance provided by the City; h. Standards modifications granted by the City. Sign Conditions: 22 23 25 34. Building identification and/or addresses shall be placed on all new and existing 24 approved by the Planning Director. buildings so as to be plainly visible from the street or access road; color 01 identification and/or addresses shall contrast to their background color. 26 27 33. Prior to occupancy of any of the apartment units, the applicant shall construct 2 directory sign at the entrance to the project. The design of this sign shall be PC RES0 NO. 3556 -7- 28 L. .. a 9 35. Any signs proposed for this development shall at a minimum be designed il 1 conformance with the City's Sign Ordinance and shall require review and approv; of the Planning Director prior to installation of such signs. 2 3 4 36. The applicant shall prepare a detailed landscape and irrigation plan which shall b submitted to and approved by the Planning Director prior to the approval of gradin Landscape Conditions: 5 or building permits, whichever occurs first. 6 7 37. All landscaping shall comply with the Landscape Requirements of the Zone 2( Specific Plan (SP 230). 8 9 10 11 12 13 14 15 16 38. Prior to approval of the building permits, all manufactured offsite slopes created b: this project shall be landscaped to the satisfaction of the Planning Director, ani shall include at a minimum, landscaping to control erosion and to provide visa screening of the slopes. 39. To provide play areas for children (in Area "C"), prior to approval of the fi~~ landscape plan, the development shall: (1) provide on the Landscape Plan flat tu^ areas (minimum area - 100 square feet) between buildings, slopes, and parkin areas when feasible; and (2) two "tot lot" areas dispersed within the site. 4-0. Prior to approval of the final map, the applicant shall establish a 10 foot landscapc easement along the project's street frontage on both sides of Camino de las Onda and along the east side of Hidden Valley Road as shown on the tentative map These planting easements shall be planted by the applicant per the landscapl requirements of the Zone 20 Specific Plan prior to occupancy of individual units. 17 18 41. 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 19 time period shall start at the completion of each individual grading phase. 20 42. All landscaped areas shall be maintained in a healthy and thriving condition, fie' 21 /I from weeds, trash and debris. 22 23 25 44. All landscape plans shall be prepared to conform with the Landscape Manual an( 24 trees shall be of a variety selected from the approved Street Tree List. submitted per the landscape plan check procedures on file in the Planninl Department. 26 43. 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. Tht 27 11 PC RES0 NO. 3556 -8- 28 1. r. e b 45. Landscape plans shall be designed to minimize water use. Lawn and other zone ' or high use. Mulches shall be used and irrigation equipment and design sha: 1 2 plants (see Landscape Manual) shall be limited to areas of special visual importanc promote water conservation. 3 I/ 46. The developer shall avoid trees that have invasive root systems, produce excessiv 4 litter and/or too large relative to the lot size. 5 47. Prior to final occupancy, a letter from a California licensed landscape architect shal installed as shown on the approved landscape plans. 6 be submitted to the Planning Director certifylng that all landscaping has beel 7 11 48. All herbicides shall be applied by applicators licensed by the State of California. 8 49. The applicant shall pay a landscape plan check and inspection fee as required b: 9 Section 20.08.050 of the Carlsbad Municipal Code. lo 11 50. The first set of landscape and irrigation plans submitted shall include building plans 51. All landscape and irrigation plans shall show existing and proposed contours an( 12 improvement plans and grading plans. 13 ll shall match the grading plans in terms of scale and location of improvements. 14 15 16 17 53. The number of trees in the project shall be equal to or greater than the number o 28 55. To offset the conversion of non-prime agricultural land to urban land uses per tht 20 Environmental Mitigation Conditions: 19 requirements of the Mello I1 Local Coastal Program the applicant shall implemen 52. The minimum shrub size shall be 5 gallons. One (1) gallon shrub sizes may be usec if it is deemed to be more beneficial for the long term survivability of the plants a determined by the Planning Director. residential units. 54. Twenty percent (20%) of the trees in the project shall be 24" box or greater. 21 one of the following three mitigation options prior to approval of the final map: 22 23 24 25 26 27 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 b. Illustrate that continued or renewed agricultural use is not feasible per the guidelines of Mitigation Option 2 of the Local Coastal Program; or PC RES0 NO. 3556 -9- 28 I. ,. 0 9 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 c. Provide payment of an agricultural mitigation fee, the amount of which is $10,000.00 for each converted acre. 56. Compliance with APCD Rules 51 (The "Nuisance" Rule), 52 (Particulate Matter: and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate du impacts generated during grading operations. A note shall be placed on the gradin; permit stipulating that the following measures shall be required to achiev 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 manufacturers suggested operating instruction (with the hel-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. 57. The Homeowners Association and apartment project owner shall obtain and distribute to owners and tenants annual information from Caltrans and Nod County Transit regarding the availability of public transportation, ride-sharing, and transportation pooling services in the area. This information shall also be providec in the sales and rental offices of the project. A condition so stating this shall alsc. be placed in the CC&R's for the project. 58. The applicant shall provide the following noise mitigation measures to comply wid the current Noise Policy: a. Prior to occupancy of individual units, the applicant shall construct a six foot high noise attenuation wall on the top of the slope along lots I I PC RES0 NO. 3556 -1 0- 28 .. 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 adjacent to the west side of Alga Road per the requirements of the projecfs noise study dated May 29, 1992 and as shown on the Landscape Concept Plan for the project, which is on file in the Planning Department. The said wall shall be faced with stucco to be compatible with proposed development, and have masonry pilasters and offsets with landscape screening to reduce visual impacts along Alga Road. b. To obtain an interior noise level of 45 CNEL, the windows and doors in homes on Lots 3 through 7 must be closed, therefore, a "windows closed" condition is applicable and a mechanical ventilation system with fresh air provisions in accordance with the Uniform Building Code and Planning Department Policy No. 17 is required. c. Prior to approval of the final 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 a proposed or existing transportation corridor (see Noise, Form #1 on file in the Planning Department) and 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 d. The applicant shall post aird 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). 15 59. Prior to approval of a grading permit a detailed soils testing and analysis repor shall be prepared by registered soils engineer and submitted to the Planninj 16 Department and County Health Department for review and approval. The repor shall identify a range of possible mitigation measures to remediate any potentiall! detected at high concentrations in the soil. 17 significant public health impacts if hazardous pesticides or other chemicals an 18 19 60. Prior to occupancy of individual units a solid wall or fence, and landscape( windbreaks shall be installed along the perimeter of any future developable are2 effects of adjacent pesticide spraying and dust generation from farm vehicles anc 20 that abuts property under "open field" cultivation, in order to reduce public nuisancc 21 operations. 22 61. Prior to approval of the final map or issuance of a building permit, which eve] 23 occurs first, a minimum 25-foot wide open space easement shall be provide< 24 25 26 I between "open field" agricultural operations and the adjacent lot lines of futurf developable areas on-site. This buffer area may be located on the adjacen agricultural property. 27 I/ PC RES0 NO. 3556 -11- 28 I) 1) > .. 0 e 1 2 3 4 5 6 7 8 62. Prior to approval of a final map or issuance of a building permit, which ever OCCUI first, an infrastructure improvement plan shall be submitted to the Planning an Engineering Departments for review and approval by the Planning Director and Cit Engineer. This plan shall illustrate the temporary road connections required tl maintain continued access to adjacent agricultural properties that could be impacte by future roadway improvements. 63. Drainage water from buildings, streets, parking lots, and landscaped areas withi the project shall be disposed of through stormdrains or otherwise in a manner tha will avoid any runoff onto agricultural areas whether planted or fallow. All runofl agricultural and urban, shall conform with the National Pollution Discharge ant Ezimination System Permit requirements pursuant to San Diego Regional Wate Quality Control Board Order No. 90-42, adopted by City Council Resolution No. 90 235. 9 64. Prior to approval of the final map or issuance of building permits, whichever occw first, the applicant shall no@, to the satisfaction of the Planning Director and Cit the owners, users, and tenants occupy this area at their on risk. dust, pesticides, and odors associated with adjacent agricultural operations, and tha 10 Attorney, all owners, users and tenants of this project that this area is subject tr 11 12 13 65. Paleontology: 14 15 16 17 l8 I 19 ~ 20 21 22 23 24 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. 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. 25 26 27 "" PC RES0 NO. 3556 -12- 28 ( I ,: . e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 66. Prior to issuance of a building permit the project shall comply with the City a Carlsbad's standards for solid waste management. 67. All grading shall comply with the recommendations of Leighton and Associate Incorporated in the Geotechnical Engineering Investigation and Geologj Reconnaissance dated August 31, 1992, and on file in the Planning Department. 68. To reduce the visual impacts of the project, a percentage of homes along th( north/south trending and gently sloping ridgeline shall be one-story in height an4 have varying roof lines. 69. All structures and roofs within the project shall be earth tone in color. Prior tt issuance of the first building permit the applicant shall submit to the Planniq Department a sample color board depicting the proposed earth tones subject to th approval of the Planning Director. 70. To reduce the visual impacts of manufactured slopes and roadway cuts, all cut an1 fill slopes shall be landform-graded, contoured, and heavily screened by landscapind in conformance with Specific Plan 203. All planted slopes shall be watered with ; complete irrigation system using low precipitation-rate sprinkler heads to stabilizc exposed slopes and curtail visual impacts associated with possible erosion. 71. Prior to approval of a final map, improvement plans shall be submitted to th( Engineering Department showing locations and sizing of reclaimed and or urba runoff diversion facilities, in accordance with the Carlsbad Municipal Water Distric requirements and the phasing schedule provided in the Zone 20 LFMP. Reclaitnec water facilities shall be constructed in all major roadways within the project. 72. Prior to final map approval, the applicant shall be required: (1) to consult with U.S Fish and Wildlife Service (WS) regarding the impact of the project on the Coasta California Gnatcatcher; and (2) be issued any pennits required by the FWS. Ennineering Conditions: 73. The alignments, tangents and horizontal radii of the streets in this project an specifically approved as shown on the tentative map. ~ 22 23 75. Lot 1, Unit A shall be reserved on the final map for access to properties easterlJ 24 has been provided. 27 26 25 74. In order to meet the cul-de-sac standard, no building permits shall be issued for an: lot on Street "L" unless a secondary access to the satisfaction of the City Enginee: from this project unless a particular access has been sufficiently identified to the ".. PC RES0 NO. 3556 -13- 28 I. .. 0 e 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 satisfaction of the City Engineer. In that event an offer of dedication for th particular access shall be made on the final map. 76. The drainage system shall be designed to ensure that runoff resulting from 10-yea frequency storms of 6 hours and 24 hours duration under developed conditions, ar equal to or less than the runoff from a storm of the same frequency and duratio~ under existing developed conditions. Both 6 hour and 24 hour storm durations shal be analyzed to determined the detention basin capacities necessary to accomplis1 the desired results prior to final map approval, issuance of building or gradin1 permit whichever occurs first. This condition may be met if the Applican demonstrates to the satisfaction of the City Engineer that adequate downstream flov capacity and detentiowretention capacity already exists or will exist after upgrade have been guaranteed. 77. If this project is required to provide an onsite detentiowretention basin as per th~ condition to require reduction of peak flows from a 10 year storm to pre-developec conditions, the south east portion of Lot 191, Unit C shall be reserved for thi purpose as is shown on the tentative map. In that event this portion of Lot 191 shall not be developed with structures as shown on the Site Development Plan, SDE 91-1 1. 78. No building permits for more dwelling units in Unit "C" than the number of dwellin1 units that will generate 500 ADT shall be issued unless secondary access to Unit "c' has been guaranteed to the satisfaction of the City Engineer. Only the number 0. dwelling units that will generate no more than 500 ADT within Unit "C" shall bc occupied, until secondary access has been provided. 79. Unless a standards variance has been issued, no variance from City Standards i! authorized by virtue of approval of this tentative map. 80. The applicant shall comply with all the rules, regulations and design requirement5 of the respective sewer and water agencies regarding services to the project. 81. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bel: Telephone, and Cable TV authorities. 82. This project is approved specifically as three Units for the purposes of recording. 83. Lots shall be numbered consecutively through the three recording units. 84. tf the applicant chooses to construct out of phase, the new phasing must be reviewed and approved by the City Engineer and Planning Director. .... 1 ~ PC RES0 NO. 3556 -14- 1 28 .. .. 0 * 85. Approval of this tentative tract map shall expire twenty-four (24) months from thl requested by the applicant. Said extension shall be approved or denied at th impose new conditions and may revise existing conditions pursuant to Sectio 20.12.110(a)(2) Carlsbad Municipal Code. 1 2 date of City Council approval unless a final map is recorded. An extension may b discretion of the City Council. In approving an extension, the City Council ma 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 86. 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 it agents, officers, or employees to attack, set aside, void or null an approval of thl City, the Planning Commission or City Engineer which has been brought against th, City within the time period provided for by Section 66499.37 of the Subdivisio~ Map Act. 87. The applicant shall pay the current local drainage area fee prior to approval of th final map for this project or shall construct drainage systems in conformance wit: Master Drainage Plan and City of Carlsbad Standards as required by the Cit Engineer. 88. Prior to approval of the final map, the owner shall enter into an agreement with thc City to pay any drainage area fees established as a result of the Master Drainagc Plan Update. 89. The owner of the subject property shall execute a Hold Harmless Agreemen regarding drainage across the adjacent property prior to approval of the final mal for this project. 90. Based upon a review of the proposed grading and the grading quantities shown 01 the tentative map, a grading permit for this project is required. Prior to final ma] approval, the applicant must submit and receive approval for grading plans ir accordance with City Codes and standards. 91. No grading shall occur outside the limits of the subdivision unless a grading or slop€ easement is obtained from the owners of the affected properties. If the applicanl is unable to obtain the grading or slope easement, no grading permit will be issued In that case the applicant must either amend the tentative map or change the slop( so grading will not occur outside the project site in a manner which substantiall: conforms to the approved tentative map as determined by the City Engineer an( Planning Director. 92. Prior to hauling dirt or construction materials to or from any proposed constructio~ site within this project, the applicant shall submit to and receive approval from thf City Engineer for the proposed haul route. The applicant shall comply with all .... PC RES0 NO. 3556 -15- 28 I. .. e 0 conditions and requirements the City Engineer may impose with regards to th' 1 hauling operation. 2 3 93. The developer shall exercise special care during the construction phase of thi project to prevent offsite siltation. Planting and erosion control shall be provide in accordance with the Carlsbad Municipal Code and the City Engineer. Referenc 4 Chapter 11.06. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 94. Additional drainage easements may be required. Drainage structures shall bl provided or installed prior to the issuance of grading or building permit as may bl required by the City Engineer. 95. The owner shall make an offer of dedication to the City for all public streets anc easements required by these conditions or shown on the tentative map. The offe shall be made by a certificate on the final map for this project. All land so offerec shall be granted to the City free and clear of all liens and encumbrances and withou cost to the City. Streets that are already public are not required to be rededicated 96. The applicant shall underground all existing overhead utilities within the subdivisio~ boundary prior to issuance of building permits. 97. Direct access rights for all lots abutting Carnino de las Ondas and Alga Road (excep Lot 1 as shown) shall be waived on the final map. 98. Some improvements shown on the tentative map and/or required by thest conditions are located offsite on property which neither the City nor the owner ha sufficient title or interest to perrnit the improvements to be made withou acquisition of title or interest. The applicant shall conform to Section 20.16.095 o 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 makt findings of substantial conformance without construction of said improvements. 99. The applicant shall comply with the City's requirements of the National Pollutan Discharge Elimination System (NPDES) permit. The applicant shall provide bes 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 buildin: permit, whichever occurs first. 23 25 "Prior to issuance of a building permit for any lot within the 24 100. The following note shall be placed on the final map: development tax in accordance with City Council Resolution No. 91-39." 26 27 subdivision, the property owner shall pay a one-time special PC RES0 NO. 3556 -1 6- 28 '. 2 ,. ,. a e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 101. Plans, specifications, and supporting documents for all public improvements shal be prepared to the satisfaction of the City Engineer. Prior to approval of the fin; map in accordance with City Standards, the applicant shall install, or agree to insta: and secure with appropriate security as provided by law, improvements shown 0: the tentative map and the following improvements: a. A traffic actuated signal at the intersection of Alga Road and Camino de las Ondas shall be designed and guaranteed for hture construction. Construction shall be at the direction of the City Engineer. b. A storm drain approximately 600 feet in length running offsite westerly along Camino de las Ondas to connect to the existing 36 inch line near Seascape Drive. The City Engineer may approve an alternate that provides sufficient downstream capacity to meet the needs for handling drainage from this project. c. Alga Road between the subdivision boundary and Poinsettia Lane shall be constructed with full major arterial width grading in a 102 foot right-of-way, two inside lanes, fdl median curbing, all needed storm dt-ain facilities and all utilities that will be beneath the paved roadway sections. The City Engineer may accept an alternate proposal that fulfdls the need to provide this vital roadway link that the residents of this project will use. This condition may be met by another developer based on which developer wishes to proceed first. All or a portion of these improvements may be eligible for reimbursement under the Zone 20 LFMP Finance Plan. d. Alga Road within the subdivision boundaries shall be constructed with €id public improvements to major arterial standards based on a right- of-way width 102 feet. e. Hidden Valley Road within the subdivision boundaries shall have half street improvements plus 12 feet of paving. An offsite portion of Hidden Valley Road from Camino de las Ondas to the subdivision boundary shall be constructed for two lanes of travel. This offsite portion of Hidden Valley Road is required in order to meet the cul-de- sac policy for Unit "Ctof this subdivision. AU or portions of these Hidden Valley Road improvements may be met by a City project pursuant to a reimbursement agreement between the developer and the City. f. Upgrade the detentiodretention basin located near Poinsettia Lane and Batiquitos Drive on Lot 71, CT 73-24, Map No. 7996. The upgrade shall result in an increase in the volume retained and/or an increase in time of retention to the satisfaction of the City Engineer. 24 25 The city Engineer may approve an alternate proposal that meets the retention needs. .... 26 27 PC RES0 NO. 3556 -1 7- 28 L, .. e 0 1 2 3 4 5 6 7 I A note to this effect shall be placed on an additional map sheet on the final map pe the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listel above shall be constructed within 18 months of approval of the secure1 improvement agreement or such other time as provided in said agreement. Fire Conditions: 102. Additional on-site public water mains and fire hydrants are required. 103. Applicant shall submit a site plan to the Fire Department for approval, which depict 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. 8 9 104. Applicant shall submit a site plan depicting emergency access routes, driveways an( traffic circulation for Fire Department approval. 105. An all weather, unobstructed access road suitable for emergency service vehicle: Fire Chief, the access road has become unserviceable due to inclement weather o other reasons, he may, in the interest of public safety, require that constructio~ 10 shall be provided and maintained during construction. When in the opinion of tht 11 12 operations cease until the condition is corrected. 13 14 106. All required water mains, fire hydrants and appurtenances shall be operationa 107. All security gate systems controlling vehicular access shall be equipped with 2 15 "Knox", key-operated emergency entry device. Applicant shall contact the Fir( 16 Prevention Bureau for specifications and approvals prior to installation. 17 108. Native vegetation which presents a fire hazard to structures shall be modified 01 18 removed in accordance with the specifications contained in the City of Carkba< Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to tht Fire Department for approval. before combustible building materials are located on the construction site. 19 Department. 21 I 20 109. An approved automatic fire sprinkler system shall be installed in all buildings having an aggregate floor area exceeding 10,000 square feet, if required by the Fir€ 22 110. The applicant shall provide a street map which conforms to the following 23 requirements: A400 scale photo-reduction mylar, depicting proposed improvemenfi and at least two existing intersections or streets. The map shall also clearly depicl 24 street centerlines, hydrant locations and street names. 25 26 27 28 .... PC RES0 NO. 3556 -18- c - .I e 0 Water District Conditions: 11 1. The entire potable and non-potable water system/systems for subject project sha: 1 2 be evaluated in detail to ensure that adequate capacity and pressure for domestic 3 4 112. The developer will be responsible for all fees and deposits plus the major facilit charge which will be collected at time of issuance of building permit. The develope collected at issuance of application for meter installation. landscaping and fire flow demands are met. 5 shall pay a San Diego County Water Authority capacity charge which will b 6 7 113. Sequentially, the developer's Engineer shall do the following: 8 9 x0 11 12 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. 13 14 15 16 114. This project is approved upon the expressed condition that building permits will nc be issued for development of the subject property unless the water district servin, the development determines that adequate water service and sewer facilities arc available at the time of application for such water service and sewer permits wil continue to be available until time of occupancy. This note shall be placed on thc final map. I? ii 115. Developer shall be responsible for the following systems/lines: 18 19 20 21 22 23 24 25 26 27 A) Potable Systems: 1. ONSITE CONDITIONS: (Units A & B) a. Install 8" water mains in Streets "C", "F", "G", "H", T, "S', W', "L", (Note that "L" Street main must be looped to new 12" high pressure main) and Camino De Las Ondas from Street "HI' to College Boulevard. b. Install 12" water mains in Street "H", College Boulevard (Alga Road) boundary to boundary, Carnino De Las Ondas from College Boulevard northeasterly to its termination, and Hidden Valley Road boundary to boundary. ".. ' PC RES0 NO. 3556 -1 9- I 28 .* * *' II e 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 c. Install fire hydrants and gate valves per attached District approved map. 2. OFFSITE CONDITIONS: a. Install 12" water main (High Pressure) along the southerly boundary from Street "H" easterly approximately 460 feet to the existing 12" high pressure line. This new main will be parallel to existing 18"/16 steel low pressure main. Additional right-of-way easement may be required. Also, the relocation of this existing 18"/16" main may be required because of possible grading conflicts. b. The existing high and low pressure mains along the southerly lot lines of Lots 67, 66, 65 & 56 could or will have conflicts with grading. These issues must be discussed with District Engineer prior to preparation of mylar improvement plans. c. Install approximately 220 feet of temporary 12" high pressure main in hture College Boulevard from the existing 12" high pressure A.C.P. main northwesterly to the easterly boundary line. (This main will require an offsite easement). d. Install 12" low pressure main in Hidden Valley Road from Camino De La Ondas to the westerly boundary line. This will take place when Hidden Valley Road is improved. Also, the District has a 20 foot wide easement located along the westerly boundary of which 5.00 foot is located in your subdivision. Arrangements must be made with District prior to any grading and/or construction in this easement. Obviously the existing 6 main will be removed/abandoned and the easement quitclaimed when the Hidden Valley Road main is constructed but in the meantime arrangement must still be made. e. All offsite mains shall require easements and all weather vehicula access roads. 3. UNIT "C" Conditions (MULTI-FAMILY) The Developer shall process preliminary potable layout plans through the Fire Marshal and District Engineer at which time all potable conditions/requirements shall be set. B) Reclaimed Systems: 1. Install 12" line in College Boulevard (Alga Road) from 2. Install lines to adequately serve Unit "C". Poinsettia Lane to north property line. PC RES0 NO. 3556 -20- . .* <7 * 0 1 2 3 4 5 6 3. Install system to service all open space and slopes as determined by District Engineer. C) Sewer Systems: 1. Pursuant to local facilities management plan Zone 20, install 8" local trunk line in Hidden Valley Road from West property line to San Marcos Interceptor line (gravity). 2. Install 12" trunk line (WT2 per Zone 20) in Laurel Tree Drive (or College Boulevard). 7 Any temporary sewer service alternates must be approved by the District Engineer 8 Commission of the City of Carlsbad, California, held on the 17th day of November, 1993 9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin; lo // by the following vote, to wit: 11 12 AYES: Chairperson Noble, Commissioners: Schlehuber, Betz Welshons, Savary & Erwin. 13 11 NOES: None. 14 15 16 17 18 19 ABSENT: Comissioner Hall. ABSTAIN: None. -.k= )f) & BAILEY NOBKE, Chairperson CARLSBAD PLANNING COMMISSION 20 21 ATTEST: 22 v 23 MICHAEL J. HOLZMIL'I~R PLANNING DIRECTOR 24 25 26 27 28 PC RES0 NO. 3556 -21 -