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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