HomeMy WebLinkAbout1993-12-15; Planning Commission; Resolution 35916- F' * *
1
2
3
4
5
6
7
PLANNING COMMISSION RESOLUTION NO. 3591
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A VESTING TENTATIVE TRACT MAP TO
CONDOMINIUM UNITS, 72 APARTMENT UNITS, AND TWO
FUTURE COMMUNITY FACILITY SITES, ALL ON PROPERTY
GENERALLY LOCATED EAST OF PASEO DEL NORTE, NORTH
OF CAMINO DE LAS ONDAS, SOUTH OF PALOMAR AIRPORT
ROAD IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20.
CASE NAME: SAMBI
DEVELOP 129 SINGLE-FAMILY LOTS, 76 TOWNHOMES, 72
CASE NO: CT 92-02
8
9
10
11
12
13
WHEREAS, a verified application for certain property to wit:
The South Half of the Southeast Quarter and the South 60
acres of the North Half of the Southeast Quarter of Section 21,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, County of San Diego, State of California, according
to United States Government Survey, approved October 25,
1875, according to the Official Plat thereof.
14
15
16
WHEREAS, the Planning Commission did, on the 15th, day of December, 17
21 of the Carlsbad Municipal Code; and
l8 1993, hold a duly noticed public hearing as prescribed by law to consider said request; and
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
19 !
20
WHEREAS, at said public hearing, upon hearing and considering all testimony
21 11 and arguments, if any, of all persons desiring to be heard, said Commission considered all
22
23
as follows: 24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
25 A) That the above recitations are true and correct.
' factors relating to the Vesting Tentative Map.
26
27
28
. , ,* 0 a
B) That based on the evidence presented at the public hearing, the Cornmission
1 recommends APPROVAL of CT 92-02, based on the following findings and subject
to the following conditions: 2
3 FilldiIlES:
4 1-
5
6
7
8
9
The project is consistent with the General Plan and Zone 20 Specific Plan since the
RM designation allows the development of low density apartment, condominium,
or townhome developments that range in density from 4 to 8 dus/acre with a 6
dus/acre growth management control point. The RLM designation allows single-
family homes that range in density from 0 to 4 dwelling units per acre with a 3.2
dus/acre growth control point. The net density in the RLM portion of the project
is 9.18 dwelling units per acre and the net density in the RM portion is 4.4 dwelling
units per acre. The project contains a combination of an overall net density of 5.8
dus/acre, therefore, the project, exclusive of the density bonus request, is consistent
with the growth management dwelling unit allowance for the parcel.
lo I/ 2. The project is consistent with all City public facility policies and ordinances since:
11
12
13
14
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
District Engineer determines that sewer service is available, and building cannot
occur within the project unless sewer sewice 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.
15
16
17
18 4'
19
20
21
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.
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.
22
23
6. School fees will be paid to ensure the availability of school facilities in the Carlsbad 24
Facilities Management Plan for Zone 20.
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
25 I! Unified School District.
26
27 PC RES0 3591 2
28 11
I ' 1. 0 0
1 7. To ensure the availability of school facilities in the Carlsbad Unified School District
permitted by applicable state law for legislative acts.
the applicant will submit evidence to the City that impacts to school facilities will 2 be mitigated in conformance with the City's Growth Management Plan to the extent
3
4
5
8. Park-in-lieu fees are required as a condition of approval.
7
6
9. All necessary public improvements have been provided or will be required as
10. 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
8 of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the general plan.
9
conditions of approval.
11. The project complies with all requirements of Chapter 20.12 of the Carlsbad 10 Municipal Code.
11 12. The site is physically suitable for the type and density of the development since the
12 site is adequate in size and shape to accommodate residential development at the
13 /I density proposed.
14
15 plan.
13. The proposed project is compatible with the surrounding future land use since
surrounding properties are designated for residential development on the general
16
17
18
19
20
21
22
23
24
25
14. The project is consistent with all policies of the Me110 I1 Segment of the Local
Coastal Program.
15. The tentative map satisfies all requirements of the Title 20 and 21 of the Carlsbad
Municipal Code and the State Subdivision Map Act.
Conditions:
1. Recommendation of approval is granted for CT 92-02, as shown on Exhibits "A" -
'YYY', dated December 15, 1993 incorporated by reference and on file in the
Planning Department. Development shall occur substantially as shown unless
otherwise noted in these conditions.
2. This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 20 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
26
27 PC RES0 3591 3
28
.. 0 e
1
2
3
4
5
6
7
€3
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
3. This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the District 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
February 12, 1992, 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. 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
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.
6. Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
7. Approval of CI' 92-02 is granted subject to the approval of the Conditional Negative
Declaration, PUD 92-03, SDP 92-06, HDP 92-03, SP 203, and Final EIR 90-03.
8. CT 92-02 is subject to all conditions contained in Planning Commission Resolution
No. 3590 for the Conditional Negative Declaration.
9. The developer shall provide the City with a reproducible 24" x 36t, 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.
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
and adjacent to the project.
PC RES0 3591 4
~
.. 0 0
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
28
19
20
21
22
23
24
25
26 I
27
,
I
22. As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24" x 36"
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
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 RLM and RM. The Growth Control Point
for these designations are 3.2 and 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 final map, the applicant shall receive approval of a Coastal
Development Pennit issued by the California Coastal Commission that substantially
conforms to this approval. If the approval is substantially Werent, an amendment
to CT 92-02 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.
15. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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.
The CC&R's shall include conditions stating the following provisions: (1) language
specifying the Homeowner's Association maintenance responsibility for all natural
open space and slope maintenance easements, and offsite manufactured slopes
shown on the approved tentative map and landscape plan (CT 92-02), which is on
file in the Planning Department; (2) In Area "D" (Lot 134), all patio covers and
decks that require a building permit shall conform to the setback and coverage
requirements of the underlying zone (RDM) and the accessory structure standards
of Title 21 of the Carlsbad Municipal Code; (3) In Area "D" (Lot 134) all trash cans
shall be stored inside the garage and out of view from the private street; (4) In
Area "A" (Lot 132) and Area "D" (Lot 134) all dwelling units with a 5 foot setback
~ PC RES0 3591 5
28
1.
s I/ 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2o I
21
22
23
24
25
26
27
from the private street shall have garages installed with a automatic garage door
opener and parking shall be prohibited on the driveway leading to the garage; (5)
Area "A" (Lot 132) is being approved as a condominium permit for residential
homeownership purposes. If any of the units in the project are rented, the
minimum time increment for such rental shall be not less than 26 days. A condition
so stating this shall be placed in the CC&R's for the project; and (6) all structures
and roofs within the project area shall be earth tone in color to reduce visual
impacts, according to the color boards approved by the Planning Director.
17. 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.
18. Prior to the approval of any final rnap or the issuance of any permits within the
Zone 20 Specific Plan, the applicant for the final map or permit shall submit
evidence to the City that impacts to school facilities have been mitigated in
conformance with the City's Growth Management Plan to the extent pennitted by
applicable state law for legislative acts. If the mitigation involves a financing
scheme such as a Mello-Roos Community Facilities District which is inconsistent
with the City's Growth Management Plan including City Council Policy Statement
No. 38, the developer shall submit disclosure documents for approval by the City
Manager and City Attorney which shall disclose to future owners in the project, to
the maximum extent possible, the existence of the tax and that the school district
is the taxing agency responsible for the hancjng district. At a minimum the project
CC&R's shall require maximum disclosure and signed statements for disclosures
upon transfer of residential property".
19. 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 notifymg all interested parties and successors in interest that the City of
Carlsbad has issued a Vesting Tentative Map, Planned Development Permit, Site
Development Plan, and Hillside Development Permit by Resolutions No.'s 3591,
3592, 3593, and 3594 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.
20. All roof appurtenances, including air conditions, shall be architecturally integrated
and concealed from view and sound buffered from adjacent properties and streets,
in substance as provided in Building Department Policy No. 80-6, to the satisfaction
of the Directors of Planning and Building.
PC RES0 3591 6
28
I. 0 0
21. In Area "A" (Lot 132 & 133) and "D" (Lot 134), all visitor parking spaces shall be
clearly marked as may be approved by the Planning Director prior to occupancy of 1
3
individual units. 2
striped a different color than the assigned resident parking spaces and shall be
22. The developer shall display a current Zoning and Land Use Map in the sales office
4
5 23. Trash receptacle areas in Area "A" (Lot 132 & 133) and "D" Lot 134) shall be
6 The enclosure shall be of similar colors and/or materials to the project to the
7
8 24. For Area "A" (Lot 132 & 133) and "D" (Lot 134) an exterior lighting plan including
parking areas shall be submitted for Planning Director approval prior to issuance of
impacts on adjacent homes or property.
at all times, or suitable alternative to the satisfaction of the Planning Director.
enclosed by a six foot high masonry wall with gates pursuant to City standards.
satisfaction of the Planning Director.
9 building permits. All lighting shall be designed to reflect downward and avoid any
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 !I
25. The applicant shall submit a wall and fencing plan subject to Planning Director
approval prior to issuance of building pennits.
26. Prior to issuance of a building permit the applicant shall submit detailed building
elevations and floor plans of the recreational buildings in Area "A" (Lot 132) and
"D" (Lot 134) subject to approval by the Planning Director.
27. Prior to approval of the final map or issuance of building pennits, whichever occurs
first, the applicant shall establish a process to not@, to the satisfaction of the
Planning Director and City Attorney, all owners, users and tenants of this project
that a community park site is located to the west the project.
28. This project shall comply with the requirements of the Zone 20 Specific Plan (SP
203).
29. To service this development 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 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.
30. Prior to approval of the final map, the owner proposing a future community facility
development shall obtain Planning Director approval of a program to disclose the
potential community facility use to future owners of the surrounding properties.
26 /I
27!l pc REso 3591
7
28
.. I/ 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
31. prior to approval of the final map an irrevocable offer of dedication to the City oi
Carlsbad, Open Space District or other similar entity designated by the City oi
Carlsbad, for a perpetual easement for public trails over, upon and across Lot 132
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 "A", dated December 15, 1993.
If prior to recordation of final map, 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 (withir
a phase), and shall be constructed by the developer, pursuant to the guidelines 0:
the Open Space and Conservation Resource Management Plan, and dedicated to thc
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 tht
financing mechanism necessary to implement the Carlsbad Trail System, thf
applicant will not be required to construct the proposed trails. Said trail easemen
shall be maintained by the Homeowner Association as shall be stated in the CC&R's
32. Prior to final map approval the 24 foot wide driveway in Area "D" (Lot 134) whicl
leads to the recreational vehicle storage area shall be widened to 30 feet to compll
with the requirements of the Planned Development Ordinance.
33. Prior to final map approval Building 12 in Area "A" (Lot 132) shall be setback 5 fee
from the private street leading to the unit.
34. Prior to approval of the final map for Area "B" and "C" (single-family lots) thc
applicant shall submit a Site Development Plan for Planning Director approval whicl
shall address: (1) provisions for a percentage of single-story homes along the ridge
(2) building height; (3) distance between structures and building placement on thc
lot; (4) distance from top of slopes; (5) slopes of roofs; and, (6) building material
and colors.
Affordable Housing Conditions:
35. This project is approved, subject to the condition that the required income-restrictec
units shall be constructed concurrent with the project's market rate units, des
both the final decision making authority of the City and the developer agree withi
an Affordable Housing Agreement to an alternate schedule for development.
36. The project shall construct 63 housing units affordable to persons and families c
lower income and comply with all the requirements of the Affordable Housing Pla:
of the Zone 20 Specific Plan (SP 203). Six (6) of the 63 units shall have 3 or mor
bedrooms.
I PC RES0 3591 8
I I
.. li 0 e
37-
1
2
3
4
5
6
7
8
9
10
11
12
13
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 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 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, shall establish, but not be limited to, thc
following:
a.
b.
C.
d.
e.
f.
g-
h.
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 affordability for inclusionary units (us& life of the
dwelling unit);
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 qualifying tenants, setting rental rates, filling
vacancies, and operating and maintaining units for affordable
inclusionary dwelling units;
Standards modifications granted by the City.
14 11 sign conditions:
15 38. Prior to occupancy of any of residential units in Area "A" (Lot 132 & 133) and "D"
16
project. The design of this sign shall be approved by the Planning Director.
(Lot 134), the applicant shall construct a directory sign at the entrance to the
17
18 39. 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. 19 I
20
21
40. 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.
22 I) Landscape conditions:
23 41. The applicant shall prepare a detailed landscape and irrigation plan which shall be 24 submitted to and approved by the Planning Director prior to the approval of the
25
26
final map.
PC RES0 3591 27
28
9
.. I/ 0 e
42. All landscaping shall comply with the Landscape Requirements of the Zone 20
1 Specific Plan (SP 230).
2
3
43. Prior to approval of building pennits, all manufactured off-site slopes created by thk
project shall be landscaped to the satisfaction of the Planning Director, and shall
include at a minimum, landscaping to control erosion and to provide visud
4 screening of the slopes.
5 44. Prior to approval of the final map, the applicant shall establish a 10 foot landscapc
easements shall be planted by the applicant per the landscape requirements of the 6 easement along the project's street fkontage on Hidden Valley Road. These plantint
7 Zone 20 Specific Plan prior to occupancy of individual units.
8 45. 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 shall
time period shall start at the completion of each individual grading phase.
46. All landscaped areas shall be maintained in a healthy and thriving condition, free
9 be seeded to reduce erosion and visual impacts. If grading is phased, the six montl:
10
11
12 47. The developer shall install street trees at the equivalent of 40-foot intervals along 13 all public street frontages in conformance with City of Carlsbad standards. Thc
14 trees shall be of a variety selected from the approved Street Tree List.
15 48. 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
16 Department.
I'7 49. Landscape plans shall be designed to minimize water use. Lawn and other zone 1
18 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
from weeds, trash and debris.
19 promote water conservation.
20
21
50. The developer shall avoid trees that have invasive root systems, produce excessive
51. Prior to final occupancy, a letter from a California licensed landscape architect shal: 22 be submitted to the Planning Director certifying that all landscaping has been
23 installed as shown on the approved landscape plans.
24 52. All herbicides shall be applied by applicators licensed by the State of California.
25
litter and/or too large relative to the lot size.
26 /I // PC RES0 3591 27 10
28
." a m
53. The applicant shall pay a landscape plan check and inspection fee as required by
1 Section 20.08.050 of the Carlsbad Municipal Code.
2
5
55. All landscape and irrigation plans shall show existing and proposed contours and 4
3
54. The first set of landscape and irrigation plans submitted shall include building plans,
56. The minimum shrub size shall be 5 gallons. One (1) gallon shrub sizes may be used 6 if it is deemed to be more beneficial for the long term survivability of the plants as
7
8 57. The number of trees in the project shall be equal to or greater than the number of
9
improvement plans and grading plans.
shall match the grading plans in terms of scale and location of improvements.
determined by the Planning Director.
residential units.
10 ll 58. 20% of the trees in the project shall be 24" box or greater.
I.1 II Environmental Mitigation Conditions:
12
13
14
15
16
17
98
19
20
21
22
23
24
25
59. To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello I1 Local Coastal Program, prior to final map approval, the
applicant shall execute an agreement to pay a $10,000.00 (per converted acre)
agricultural mitigation fee. The fee shall be paid prior to issuance of a building
permit.
60. Compliance with APCD Rules 51 (The "Nuisancett 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 heavyduty, diesel-powered construction equipment shall be
operated according to manufacturers suggested operating instruction
(with the fuel-injection timing retarded to recommended levels for
26 II
27!! pc RESO 3591
11
28
0 0
1
2
3
4
5
-
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.
tj II
7
8
9
10
11
12
13
14
15
16
17
18
19
2o i 21
22
23
24
25
26
27
28
61. The Homeowners Association and apartment project owner shall obtain and
distribute to owners and tenants annual infomation 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 and rental offices of the project. A condition so stating this shall also
be placed in the CC&R's for the project.
62. 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.
63. Prior to occupancy of individual units a solid wall or fence, and landscaped
windbreaks shall be installed along the perimeter of any future developable area
that abuts property under "open field cultivation, in order to reduce public nuisance
effects of adjacent pesticide spraying and dust generation from farm vehicles and
operations.
64. Prior to approval of the hal map or issuance of a building permit, which eva
occurs first, a minimum 25-foot wide open space easement shall be provided
between "open field" agricultural operations and the adjacent lot lines of futurc
developable areas onsite. This buffer area may be located on the adjaceni
agricultural property.
65. Prior to approval of a hal map or issuance of a building permit, which ever ocm
first, an infrastructure improvement plan shall be submitted to the Planning an(
Engineering Departments for review and approval by the Planning Director and Ciq
Engineer. This plan shall illustrate the temporary road connections required tc
maintain continued access to adjacent agricultural properties that could be impactec
by future roadway improvements.
1 PC RES0 3591 12
I
ll a 0
1
2
3
4
5
6
7
8
66. 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. 9042, adopted by City Council Resolution No. 90-
235. I
67. Prior to approval of the final map or issuance of building permits, whichever occurs
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 project
that this area is subject to dust, pesticides, and odors associated with adjacent
agricultural operations, and that the owners, users, and tenants occupy this area at
their on risk.
9 68. Paleontology:
10
11
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
13 the Phnning Director prior to issuance of a grading permit.
b. A qualified paleontologist shall be retained to perform periodic
14 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
15 may be necessary to collect matrix samples for laboratory processing
through fine screens. The paleontologist shall make periodic reports
16 to the Planning Director during the grading process.
c. The paleontologist shall be allowed to divert or direct grading in the 17 area of an exposed fossil in order to facilitate evaluation and, if
18 necessary, salvage artifacts.
d. All fossils collected shall be donated to a public, non-profit institution
12 resources. A copy of the paleontologist's report shall be provided to
19
e. Any conflicts regarding the role of the paleontologist and the grading 20
with a research interest in the materials, such as the San Diego
Natural History Museum.
activities of the project shall be resolved by the Planning Director. 21
22
23
69. Prior to issuance of a building permit the project shall comply with the City o
Carlsbad's standards for solid waste management.
70. All grading shall comply with the recommendations of Pacific Soils Engineering, Inc 24 Preliminary Geotechnical Investigation dated February 6,1989 and any subsequen
25 I1 amendments, and on file in the Planning Department.
26
27 PC RES0 3591 13
28
li
e 0
71. To reduce the visual impacts of the project, a percentage of single-family homes
height and have varying roof lines. Prior to approval of the final map the applicant
are constructed as one-story, to the satisfaction of the Planning Director.
1
shall establish a mechanism to guarantee that a percentage of the homes in Area "B" 2
along the north/south trending and gently sloping ridgeline shall be one-story in
3
4 72. All structures and roofs within the project shall be earth tone in color. Prior to
issuance of the first building permit the applicant shall submit to the Planning
approval of the Planning Director.
5 Department a sample color board depicting the proposed earth tones subject to the
6
7 73. To reduce the visual impacts of manufactured slopes and roadway cuts, all cut and
fill slopes shall be landform-graded, contoured, and heavily screened by landscaping
8 in conformance with Specific Plan 203. All planted slopes shall be watered with a
complete irrigation system using low precipitation-rate sprinkler heads to stabilize 9 exposed slopes and curtail visual impacts associated with possible erosion.
10
11
12
13
14
15
74. Prior to approval of a final map, improvement plans shall be submitted to tht
Engineering Department showing locations and sizing of reclaimed and or urbar
runoff diversion facilities, in accordance with the Carlsbad Municipal Water Distric;
requirements and the phasing schedule provided in the Zone 20 WMP. Reclaimec
water facilities shall be constructed in all major roadways within the project.
75. Prior to hal map approval, the applicant shall be required: (1) to consult with U.S Fish and Wildlife Service (FWS) regarding the impact of the project on the Coasta
California Gnatcatcher; and, (2) be issued any permits required by the FWS. I
16
18
76. Direct access rights for all lots abutting Hidden Valley Road, Cherry Blossom Roat I'
En&eering Conditions:
west of Alga Road and Alga Road shall be waived on the final map.
19
20
21
22
23
24
25
26
27
28
77. This project is located within the Mello I1 Local Coastal Plan. All developmen
design shall comply with the requirements of that plan.
78. Unless a standards variance has been issued, no variance from City Standards i
authorized by virtue of approval of this tentative map.
79. The applicant shall comply with all the rules, regulations and design requiremenl
of the respective sewer and water agencies regarding services to the project.
80. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Be
Telephone, and Cable "V authorities.
PC RES0 3591 14
e e
1
2
3
4
81. The applicant shall provide an acceptable means for maintaining the privat
easements within the subdivision and all the private: streets, sidewalks, street light
storm drain facilities and sewer facilities located therein and to distribute the cost
of such maintenance in an equitable manner among the owners of the propertie
within the subdivision. Adequate provision for such maintenance shall be include1
with the CC&R’s subject to the approval of the City Engineer prior to final ma:
approval.
5 82. A note to the effect of the following shall be placed on a separate sheet of the fina
exception of the following: 6 map. All improvements are private and are to be privately maintained with th(
7
8
9
10
11
12
13
14
15
16
17
18
19
20
a. Hidden Valley Road, Cherry Blossom Road, Alga Road and Camino de la
b. The sewer and water improvements beneath the private internal streets.
A note shall be placed on the improvement plans stating which utilities are public
and which are private.
Ondas.
83. Approval of this tentative tract map shall expire twenty-four (24) months from thf
date of City Council approval unless a final map is recorded. An extension may bc
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.
I
84. 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.
85. Prior to issuance of a building permit for any buildable lot within the subdivision,
the property owner shall pay a one-time special development tax in accordance with
a I/ City Council Resolution No. 91-39.
22 86. The applicant shall pay the current local drainage area fee prior to approval of the
25
24 Engineer.
Master Drainage Plan and City of Carlsbad Standards as required by the City 23
final map for this project or shall construct drainage systems in conformance with
87. Prior to final map approval the applicant shall pay all current fees and deposits
required.
26 I1
27 ii pc RESO 3591
15
28
e e
88. Prior to approval of the final map, the owner shall enter into an agreement with th
1 City to pay any drainage area fees established as a result of the Master Drainag
Plan Update. 2
3 89. The owner of the subject property shall execute an agreement holding the Ci?
harmless regarding drainage across the adjacent property prior to approval of tht
4 final map for this project.
5 90. Based upon a review of the proposed grading and the grading quantities shown 01
approval, the applicant must submit and receive approval for grading plans ir 6 the tentative map, a grading permit for this project is required, Prior to final mal
7 accordance with City Codes and standards.
8 91.
9
10
11
12
13
14
15
16
92.
Upon completion of grading, the applicant shall ensure that an "as-graded" geologic
plan is submitted to the City Engineer. The plan shall clearly show all the geologg
as exposed by the grading operation, all geologic corrective measures as actualll
constructed and must be based on a contour map which represents both the pre anc
post site grading. This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar
drafting film and shall become a permanent record.
No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the applicant
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 slope
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
Planning Director.
17
18
19
20
21
22
23
24
25
1
93. 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.
94. 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.
95. The applicant shall construct desiltation/detention/urban pollutant basin(s) of a
type and a size and at location(s) as approved by the City Engineer. The applicant
shall enter into a basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading, building permit
26
27 PC RES0 3591 16
28
e 0
or final map whichever occurs first for this project. Each basin shall be serviced b
1
3
96. Additional drainage easements may be required. Drainage structures shall I] 2
an all-weather access/maintenance road.
provided for prior to the issuance of grading or building permit as may be require
by the City Engineer.
4 97. The owner shall make an offer of dedication to the City for all public streets an4
shall be made by a certificate on the final map for this project. All land so offerel 6
7
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 rededicatec
5 easements required by these conditions or shown on the tentative map. The offe
8 98.
9
10
11
12
13
14
99.
Some improvements shown on the tentative map and/or required by thes
conditions are located offsite on property which neither the City nor the owner ha,
sufficient title or interest to permit 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 rnakl
findings of substantial conformance without construction of said improvements.
Prior to approval of any grading or building permits for this project, the owner shal
give written consent to the annexation of the area shown within the boundaries c
the site plan into the existing City of Carlsbad Street Lighting and Landscapin:
District No. 1 on a form provided by the City.
15
26
17
18
19
100. 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, arc
equal to or less than the runoff from a storm of the same frequency and duratior
under existing developed conditions. Both 6 hour and 24 hour storm durations shal
be analyzed to determine the detention basin capacities necessary to accomplish thc
desired results prior to final map approval, issuance of building or grading permit
whichever occurs first.
20 1 101. The applicant shall comply with the City's requirements of the National Pollutanl
21 Discharge Elimination System (NPDES) perrnit. The applicant shall provide besl
management practices to reduce surface pollutants to an acceptable level prior tc
City Engineer prior to approval of the final map, issuance of grading or buildin2 22 discharge to sensitive areas. Plans for such improvements shall be approved by thc
23
102. This project is specifically approved as four (4) units for the purposes of recording 24
permit, whichever occurs first.
25 I 26
27 II pc REso 3591
17
28
9 0
1
2
3
4
5
6
7
8
9
10
11
12
103. Plans, specifications, and supporting documents for all public improvements sha
be prepared to the satisfaction of the City Engineer. Prior to approval of final mz
in accordance with City Standards) the applicant shall install, or agree to install ar
secure with appropriate security as provided by law, improvements shown on tf
tentative map and the following improvements:
With the First Final Map
k Alga Road onsite and offsite to Camino de Las Ondas shall be improved t
full major arterial standards, including all necessary drainage and subsurfac
utilities.
B. Alga Road offsite from Camino de las Ondas to Poinsettia Lane shall be Nl
graded to major arterial standards. Full landscaped median, two 14 foc
wide t'raffic lanes on either side of the median, all necessary drainag
facilities and any subsurface utility lines that may be required are to b
improved.
C. Cherry Blossom Road shall be constructed to full collector street standard
from Alga Road to Hidden Valley Road including all drainage sewer an1
utility improvements.
13
14
15
16
17
18
19
20
21
22
23
I
D. Hidden Valley Road offsite from Cherry Blossom Road to Palomar AirpoI
Road shall be constructed with a 28 foot wide paved roadway with sufficien
drainage control facilities as may be required by the City Engineer, includinj
environmental mitigation improvements and sewer, water, and utilities tha
would be located underneath the 28 foot wide roadway.
E. Modification to the median island on Palomar Airport Road at thf
intersection with Hidden Valley Road to provide appropriate left turn pocket
onto Hidden Valley Road.
F. Fully actuated traffic signals at Hidden Valley RoaUPalomar Airport Road
Alga Road/Poinsettia Lane and Alga RoaUCherry Blossom Road. Actua
construction of the above noted signals shall be at the direction of the Cit~
Engineer when traffic signal warrants are met. The developer is eligible fo~
reimbursement for the installation of the traffic signals at Hidden Vallel
Road/Palomar Airport Road (PAR) and Alga Road/Poinsettia Lane fron
Public Facilities Fees collected by the City. The cost of the median islanc
modifications on PAR to provide left turn pockets is not eligible fo~
reimbursement.
24
25 ".
26 ll
27 I1 pc REso 3591
18
28 11 li iI
e 0
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
Area A
A. Full improvement of Cherry Blossom Road east of Alga Road including a
improvements on and offsite necessary to complete the temporary cul-de-sa
and handle the drainage needs.
B. Full improvement of Camino de las Ondas on and offsite fiom Alga Road ea
to the temporary cul-de-sac to local street standards including all necessF
drainage and utility improvements.
C. Full improvement of the temporary sewer pump station and force main.
D. All onsite and offsite sewer, water and utility improvement necessary to serv
Area A.
Area B
A. All onsite sewer, water and utility improvement necessary to serve Area B
Area C
A. All onsite sewer, water and utility improvements necessary to serve Area C
B. Public access trail from Antherium Drive to Hidden Valley Road.
Area D
A. Hidden Valley Road adjacent to Area D to one half of super collector stree
standards including all necessary drainage improvements and all utilit.
improvements required beneath the pavement section.
B. All onsite sewer, water and utility improvements necessary to serve Area D
C. Public access trail from Antherium Drive to Hidden Valley Road.
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 listec
above shall be constructed within 18 months of approval of the secure(
improvement agreement or such other time as provided in said agreement.
104. The developer shall install street lights along all public and private street frontage
in conformance with City of Carlsbad Standards.
PC RES0 3591 19
28
e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
105. The design of all private streets and drainage systems shall be approved by the Cit
Engineer prior to approval of the final map for this project. The structural sectio
of all private streets shall conform to City of Carlsbad Standards based on R-valc
tests. All private streets and drainage systems shall be inspected by the City, an
the standard improvement plan check and inspection fees shall be paid prior t
approval of the final map for this project.
106. Prior to issuance of the 5lS building pennit within Area C a secondary access roa,
shall be constructed consistent with City Standards.
107. The 20 foot public access easement shown along the southern boundary of Area I
shall be increased to 30 feet if the developer and the City are unable to secure a
additional 10 foot access easement from the adjacent property owner to the sout
or if no walls or fencing are placed within the stated 30 foot pedestrian area a 2
foot wide pedestrian easement shall be sficient subject to the satisfaction of th
City Engineer prior to final map recordation.
108. The internal lot drainage shown for Area A shall be redesigned to accommodate th
proposed surface and recreational improvements, subject to the approval of the Ci!
Engineer.
109. The units within Area D are proposed to be recorded within a single find ma1
Should the developer wish to record these units on multiple final maps, the phasin
for construction of the intd improvements, for such multiple maps must b
approved by the City Engineer and Planning Director.
15 110. Prior to final map approval, the subdivider shall secure the dedication of all th~
16 offsite easements necessary to construct the offsite sewer, water, drainage, slope an(
17
18
roadway improvements required by these conditions.
111. The alignment of Hidden Valley Road shown on Sheet 2 of the tentative map i
specifically not approved. Prior to submittal of the final map the subdivider SM
and 70 to provide additional room for the riparian mitigation on the west side G
Hidden Valley Road.
19 realign Hidden Valley Road approximately 10 feet to the east between Stations 5;
20 I
21
22
23
24
25
26
112. Hidden Valley Road shall be dedicated to the City from the subdivision boundary tc
Palomar Airport Road, based upon a right-of-way width of 68 feet including al
necessary slope and drainage easements.
113. Alga Road shall be dedicated to the City from the subdivision boundary to Poimetti;
Lane based on a right-of-way width of 102 feet including all necessary slope an(
drainage easements.
~ PC RES0 3591 27
28
20
clh e
/! 114. Camino de las Ondas shall be dedicated to the City from Alga Road to the end (
1 the temporary cul-de-sac as shown on the tentative map.
2
3
4
5
6
7
Carlsbad Municipal Water District Conditions:
115. The entire potable water system, reclaimed water system and sewer system shall b
evaluated in detail to insure that adequate capacity, pressure and flow demands ar
met.
116. The Developer shall be responsible for all fees, deposits and charges which will bc
collected at time of issuance of the building permit. The San Diego County Wate
Authority capacity charge will be collected at issuance of application for mete
installation.
8
9
117. Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protectior 10 requirements.
11 b. Prepare a colored reclaimed water use area map and submit to the Plannini
12 Department or processing and approval.
13
14
15
16
17
18
19
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 fox
potable, reclaimed and sewer systems prior to the preparation oj
improvement plans.
118. 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
final map.
20 119. Developer shall be responsible for the following systems/lines:
21 k Potable Systems:
22
23
24
25
26
27 i
1. Install 12" line in Hidden Valley Road from south property line to
north property line. Developer shall be eligible for reimbursement if
oversizing of line occurs. (375 H.G.)
2. Install 12" line (375 H.G.) in Woodruff Road and Coneflower Drive.
3. Install 12" line (550 H.G.) in Woodruff Road, Coneflower Drive,
Cherry Blossom Road and Narcissus Drive.
PC RES0 3591 21
28
c a
1
2
3
4
5
6
7
8
9
10
11
12
4. Install 18" line (375 H.G.) in Alga Road. Developer shall be &gib
5. Install 12" line (550 H.G.) in Alga Road fiom south to north proper
6. The District has an existing 6" waterline (potable) along the southel
for reimbursement.
lines.
property line. Developer shall relocate at his expense.
B) Reclaimed Systems:
1. Install 12" line in Alga Road from north to south property lines.
2. Install lines to adequately serve area "A" and area "D".
3. Install system to service all open space and slopes as determined
District.
C) Sewer Systems:
1. Pursuant to local facilities management plan Zone 20, install 8" la
trunk line in Hidden Valley Road from southerly property line to S
Marcos Interceptor line (gravity).
2. Install 12" trunk line WT2 per Zone 20) in Laurel Tree Drive (
Alga Road).
13
14
Any temporary sewer service alternates must be approved by the Distr
Engineer.
15
location of required, proposed and existing public water mains and fire hydran
121. Applicant shall submit a site plan to the Fire Department for approval, which depil 17
120. Additional on-site public water mains and fire hydrants are required. 16
Fire Conditions:
l8 I The plan should include off-site fire hydrants within 200 feet of the project.
19 il /j 122. Applicant shall submit a site plan depicting emergency access routes, driveways a
20 traffic circulation for Fire Department approval.
21
22
123. An all weather, unobstructed access road suitable for emergency service vehic
shall be provided and maintained during construction. When in the opinion oft
Fire Chief, the access road has become unserviceable due to inclement weather
23 other reasons, he may, in the interest of public safety, require that constructi
operations cease until the condition is corrected.
24
25 I 124. All required water mains, fire hydrants and appurtenances shall be operatio]
before combustible building materials are located on the construction site.
26
27 I1 pc REso 3591
22
28 /I
@ e
1
2
3
4
125. All security gage systems controlling vehicular access shall be equipped with
"Knox", key-operated emergency entry device. Applicant shall contact the Fir
Prevention Bureau for specifications and approvals prior to installation.
126. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fir(
sprinkler systems and other fire protection systems shall be submitted to the Fir(
Department for approval prior to construction.
5
6
127. An approved automatic fire sprinkler system shall be installed in buildings havin;
an aggregate floor area exceeding 10,000 square feet.
7
8
9
10
I1
12
13
14
128. The applicant shall provide a street map which conforms to the followiny
requirements: A 400 scale photo-reduction mylar, depicting proposed improvement:
and at least two existing intersections or streets. The map shall also clearly depicl
street centerlines, hydrant locations and street names.
129. A monument sign shall be installed at the entrance to the driveway or private streel
indicating the addresses of the buildings on site.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of December, 1993,
by the following vote, to wit:
15
16
17
l8 I
AYES: Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
19 I ABSTAIN: None.
20
21
22
23
24
25 1 PLANNING DIRECTOR
ATTEST:
26
27 PC RES0 3591 23
28