HomeMy WebLinkAbout1995-01-04; Planning Commission; Resolution 3675,r
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PLANNING COMMISSION RESOLUTION NO. 3675
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP TO SUBDIVIDE AND DEVELOP 51 SINGLE
FAMILY LOTS AND ONE OPEN SPACE LOT ON
PROPERTY GENERALLY LOCATED IN THE
SOUTHEAST QUADRANT OF THE CITY, WEST OF
MELROSE DRIVE EXTENSION AND SOUTH OF
POINSETTIA LANE EXTENSION IN THE SOUTHERN
PORTION OF THE RANCHO CARRILLO MASTER PLAN
IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 18.
CASE NAME: RANCHO CARRILLO VILLAGE “0”
CASE NO: CT 93-08
WHEREAS, a verified application for certain property to wit:
Portion of Section 24, Township 12 south, range 4 west, and a
portion of Sections 18 and 19, Township 12 south, range 3 west,
San Bernardino Meridian, City of Carlsbad, County of San
Diego, State of California.
has been filed with the City of Carlsbad and referred to the Planning Commissit
WHEREAS, said verified application constitutes a request as provide
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of N
1994, the 30th day of November, 1994 and 4th day of January 1995, hold a dul
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
and arguments, if any, of all persons desiring to be heard, said Commission cons
factors relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the COI
recommends APPROVAL of CT 93-08, based on the following findings an
to the following conditions:
Findings:
1. The project is consistent with the City’s General Plan since the proposed c
3.9 dudacre for Village “0” is within the density range specified for the Vi1
the open space area has been provided as indicated on the Land Use Elemr
General Plan and the Rancho Carrillo Master Plan.
2. The site is physically suitable for the type and density of the development
site is adequate in size and shape to accommodate residential developme
density proposed.
3. The project is consistent with all City public facility policies and ordinanc
a. The Planning Commission has, by inclusion of an appropriate conditi
project, ensured that the final map will not be approved unless
Council finds that sewer service is available to serve the project. In
the Planning Commission has added a condition that a note shall 1
on the final map that building permits may not be issued for th
unless the District Engineer determines that sewer service is avail
building cannot occur within the project unless sewer service
available, and the Planning Commission is satisfied that the requirc
the Public Facilities Element of the General Plan have been met 1
they apply to sewer service for this project.
b. All necessary public improvements have been provided or will be re
conditions of approval.
e. The applicant has agreed and is required by the inclusion of an ap
condition to pay a public facilities fee. Performance of that con
payment of the fee will enable this body to find that public facilitj
available concurrent with need as required by the General Plan.
4. The proposed project is compatible with the surrounding future land 1
surrounding properties are designated for residential development on th
Plan.
I 5. Based on the “Initial Study” prepared for this project the Planning Cc
determines that the project is within the scope of EIR 91-04 on file in thc
Department, and there are no additional significant adverse environment;
associated with the project, therefore, no further environmental review of tl
is required. All feasible mitigation measures identified in EIR 91-04
incorporated into or imposed as conditions on the project.
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6. The applicant is by condition, required to pay any increase in public facilit
new construction tax, or development fees, and has agreed to abide by any ac
requirements established by a Local Facilities Management Plan prepared 1
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure a
availability of public facilities and will mitigate any cumulative impacts creatc
project.
7. Village “0” exceeds the growth control point of the RLM designation of 3.2
with a density of 3.9 du/acre. The increase in density is consistent with the
Management Ordinance based on the following:
a) The Rancho Carrillo Master Plan permits a density in Village “0”
3.9 du/acre as the maximum number of units allowed by the Mas1
1,816, is below the 2,091 units allocated to Zone 18 by the approvec
b) That the project will provide sufficient public facilities for the dl
excess of the control point to ensure that the adequacy of the City
facility plans will not be adversely impacted.
c) That there are sufficient Villages within the Rancho Carrillo Mas
approved at densities below the control point to cover the units in VI
above the control point so that approval will not result in excee
quadrant limit.
d) That all necessary public facilities required by this chapter
constructed or are guaranteed to be constructed concurrently with
for them created by this development and in compliance with ado]
standards.
8. This project is consistent with the City’s Growth Management Ordinance
been conditioned to comply with any requirement approved as part of t
Facilities Management Plan for Zone 18.
9. The Tentative Tract Map satisfies all requirements of Title 20 and 21 of the
Municipal Code (except as may be modified for affordable housing incent
the State Subdivision Map Act.
10. The proposed subdivision implements the Rancho Carrillo Master Plan M
for Village “0” including product type and density, in compliance with the
hillside development permit; the design criteria; the setbacks from Melro
the Special Park Design criteria; open space and trail requirements; anc
Plan infrastructure requirements.
26 11. The proposed project’s design and density of the development portion of 1
27 compatible with surrounding development and does not create a disharmc
disruptive element to the area, because the Tentative Tract Map meek
28 standards and the proposed residential densities are consistent with the Gen
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and the Carrillo Ranch Master Plan. The surrounding villages and
properties are either existing residential development or are planned for rc
development, therefore, the proposed residential development would be ca
with the area.
Such use will not be detrimental to the health, safety or general welfare o
residing or working in the vicinity, or injurious to property or improvemer
vicinity, because the Tentative Tract Map for Village “0” meets all requ
standards and ordinances, all public facilities and services will be prov
adequate setbacks and buffers from the proposed nearby community park,
family residential and single family residential uses and Melrose Drive 1
incorporated into the project design.
The project’s circulation system is designed to be efficient and well integr
the project and does not dominate the project, because the local streets v
subdivision would be curvilinear and follow the natural contour. They w
be 51-60 feet wide with curb, gutter, and 5’ utility easement and sidewalks
on one side only for single loaded streets and on both sides for double loadc
and will connect via Carrillo Way to Melrose Drive, which is designated as ,
wide prime arterial in the Circulation Element of the General Plan. ’ 3
affordable to lower-income households. 15
an Affordable Housing Agreement to provide and deed restrict dwelling
Inclusionary Housing Ordinance as the developer has been conditioned to 1 14
14. That the project is consistent with the Housing Element of the General Pla
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15. The 9.0 affordable housing units required for this project under Chapter 21
Carlsbad Municipal Code will be provided pursuant to SDP 94-01, Resol
3682.
16. That the project is consistent with the City’s landscape policies as it
conditioned to comply with the requirements of the Landscape Manual.
2o I1 17. That the design and improvement of the tentative map as conditioned, ss
21 requirements of any applicable specific plans, Title 20 and 21 of the ”
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Municipal Code, and the State Subdivision Map Act, and will not cau!
public health problems.
18. That the design of the subdivision or the type of improvements will not COI
easements of record or easements established by court judgement, acquil
public at large, for access through or use of property within the
subdivision. In this connection, the City Council has approved, via ths
Ranch Parks Agreement, alternate easements for access or for use th;
provided and that these will be substantially equivalent to ones previousl!
by the public.
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19. That subject to the exceptions contained in Section 6674.4 of the State Gov
Code, the property is not subject to a contract entered into pursuant to I
Conservation Act of 1965 (Williamson Act) and the parcels resulting 1
subdivision would be too small to sustain agricultural use accordin1
provisions of Section 6647.4 of the State Government Code.
20, That the design of the subdivision provides, to the extent feasible, for futur
or natural heating or cooling opportunities in the subdivision.
Planning Conditions:
1. Approval is granted for CT 93-08, as shown on Exhibits “A - “J”, dated Sc
7, 1994, (except that within 60 days of final approval of this project, Ex1
Architectural Data Sheet, shall be revised to reflect all applicable require
the approved Village “0” Design Guidelines) incorporated by reference ar
in the Planning Department. Development shall occur substantially as sho1
otherwise noted in these conditions, and approved by the Planning Direct(
Engineer.
2. Approval of CT 93-08 is granted subject to the approval of PUD 93-07 and
01. CT 93-08 is approved subject to all conditions of approval of PUD 9:
91-17/EIR 91-04 and SDP 94-01, Planning Commission Resolution Nos. 3f
3503, and 3682, incorporated herein by reference and on file in the
Department.
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3. The developer shall provide the City with a reproducible 24” x 36”, mylar c(
Tentative Map as approved by the Planning Commission. The Tentative 1
reflect the conditions of approval by the City. The Map copy shall be sub
the City Engineer and approved prior to building, grading, final
improvement plan submittal, whichever occurs first.
4. A 500’ scale mylar of the subdivision shall be submitted to the Planning
prior to the recordation of the final map. Said map shall show all lots a1
within and adjacent to the project.
21 5. This project is approved upon the express condition that the final map sh
22 approved unless the City Council finds as of the time of such approval t
service is available to serve the subdivision. 23
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6. This project is approved upon the express condition that building permits 1
issued for development of the subject property unless the District
determines that sewer facilities are available at the time of application for s
permits and will continue to be available until time of occupancy. This no1
placed on the final map.
7. This approval shall be null and void if the property subject to this apprc
annexed to the City of Carlsbad CFD No. 1 within 60 days of the I
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Additionally, annexation must occur prior to the issuance of any grading,
or other permit. (Deadline could be extended for good cause as determin
City Manager).
8. This project is also approved under the express condition that the applicar
public facilities fee adopted by the City Council on July 28, 1987 (amendc
1991) and as amended from time to time, and any development fees estak
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Codc
ordinance adopted to implement a growth management system of faci:
improvement plan and to fulfill the subdivider’s agreement to pay the public
fee dated July 13, 1993, a copy of which is on file with the City Cle
incorporated by this reference. If the fees are not paid this application w
consistent with the General Plan and approval for this project will be voic
9. Prior to final map, the developer shall record the approved parks agreem
applicant shall comply with all of the requirements of the Carrillo Ran
Agreement. Park land shall be dedicated in accordance with the Parks A;
Further, prior to the recordation of the final map or the issuance of
permits, whichever occurs first, the owner of record of the property within
of this tentative map, shall prepare and record a notice in a manner mc
approval of the Planning Director and the City Attorney that this property
to noise, lighting and glare, and general activity impacts from the neark
Ranch Community Park site.
10. All grading within the Special Design Park District shall be periodically I
control dust.
11. Access and utilities to the Carrillo Ranch Community Park site shall be
at all times including during construction as approved by the City Enginee
Marshal. The project shall ensure to the satisfaction of the City Engi
utilities remain available to the park site at all times during developmc
prior approval is secured from the City. Vehicular access to the pal
provided during all phases of development to the reasonable satisfacti
Community Services Director.
12. Water shall be provided by the Carlsbad Municipal Water District.
13. This project shall comply with all conditions and mitigation required by th
Local Facilities Management Plan approved by the City Council on Marc
incorporated herein and on file in the Planning Department and a
amendments to the Plan made prior to the issuance of building permits.
14. The following note shall be placed on the Final Map. “Prior to issuance of
permit for any buildable lot within the subdivision, the property owner s
one-time special development tax in accordance with the City Council Resc
91-39”.
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15. If any condition for construction of any public improvements or facilitie:
payment of any fees in lieu thereof, imposed by this approval or imposed b
this project are challenged this approval shall be suspended as pro.
Government Code Section 66020. If any such condition is determined to b
this approval shall be invalid unless the City Council determines that thc
without the condition complies with all requirements of law.
16. The applicant shall provide the following note on the final map of the su1
and final mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Man
Control Point for each General Plan land use designation. Developmen
exceed the Growth Control Point except as provided by Chapter 21.90. The
designation for this development is Residential Low-Medium (RLM). Thc
permitted for this project is 3.9 dwelling units per acre.
All parcels were used to calculate the intensity of development under the
Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of a1
these parcels must also include all parcels under the General Plan and Char
of the Carlsbad Municipal Code”.
17. Prior to the issuance of the building permit there shall be a Notice of R
placed on the deed to this property subject to the satisfaction of the
Director notifying all interested parties and successors in interest that th
Carlsbad has issued a Tentative Tract Map by Resolution No. 3675 on
property owned by the declarant. Said notice of restriction shall note the
description, location of the file containing complete project details and all c
of approval as well as any conditions or restrictions specified for inclus6
notice of restriction. Said deed restrictions may be modified or terminated
the approval of the Planning Director, Planning Commission or City Coun
City of Carlsbad whichever has final decision authority for this project.
18. To service this development the project shall provide bus stop facilities or
Drive at locations subject to the satisfaction of the North County Trans!
(NCTD), if such facility is required by NCTD. Said faciIities shall at a
include a bench, free from advertising, and a pole for the bus stop sign. 1
and pole shall be designed in a manner so as to not detract from
architectural theme of the project and said design shall be subject to the
of the Planning Director and North County Transit District.
19. The developer shall display a current Zoning and Land Use Map in the s;
at all times, or suitable alternative to the satisfaction of the Planning Dir
20. All sales maps that are distributed or made available to the public shall ir
not be limited to trails, future and existing schools, parks, and streets.
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21. As part of the plans submitted for any permit plan check, the applicant shal
a reduced, legible version of the approving resolution/resolutions on a :
blueline drawing.
22. As part of the plans Submitted for any permit plan check, the applicant shal
a reduced, legible version of the Village “0” Design Guidelines on a 2
blueline drawing.
23. Prior to recordation of any final map, issuance of grading or buildin!
whichever occurs first, the following shall be met: (1) The deeding of an a’
school site to the San Marcos Unified School District if it is deteminc
school site is warranted; and, (2) A financing plan approved by San Marco
School District guaranteeing the construction of necessary elemental
facilities in Zone 18. As provided for in the Zone 18 LFMP, if any reimb
and/or school fee credits are to be given, the school agreement/financing g
provide a mechanism to do so.
24. Approval of this request shall not excuse compliance with all sections of th
Ordinance and all other applicable City ordinances in effect at time of
permit issuance.
Saecific Onsite Conditions:
25. At the time of recordation of final map, an open space easement shall be
over Lot 52 and portions of Lots 1-14 (which are slopes). Any encroac
development on this easement, including but not limited to fences, wal
storage buildings, pools, spas, stairways, and landscaping other than apl
part of this project as shown on Exhibits “A” - “J” shall be prohibited.
26. All open space areas, slopes, and landscaped areas shall be maintained az
on the Landscape Maintenance Exhibit “H”.
27. The applicant shall submit a street name list consistent with the City’s st1
policy subject to the Planning Director’s approval prior to final map appr
28.
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Elevations and floor plans shall be submitted in compliance with thc
Architectural Review standards established in the Rancho Carrillo Master
shall comply with the Village “0” Design Guidelines as shown on Exhibit I
reviewing these plans and determining that they are in conformance
approved Design Guidelines, staff will present the floor plans and architect
Planning Commission per the process described in Title 21.45.160. PI
concurrent with the delayed architectural review process, the applicant sh
whether Lots 6 and 49 will be restricted so as not to permit construc
dwelling unit (in order to comply with the building separation requirl
Section 21.45.090(5) of the Carlsbad Municipal Code). If it is determined
6 and 49 will not be developed, prior to final map, an open space easemer
recorded on these lots. If these lots are retained as open space, the Lot 1) PC RESO NO. 3675 -8-
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improved with landscaping and other amenities as approved by the
Director.
29. The applicant shall construct the recreation vehicle storage facility on L
conformance with Exhibit “L. Prior to final map, the applicant shall SI
review and approval by the Planning Director, an agreement which will est:
timing and phasing of construction of the Recreational Vehicle storage fa
minimum, 1,020 square feet of Recreational Vehicle storage space shall be
prior to occupancy of the first unit within Village “0” as approved by the
Director.
30. Prior to issuance of building permit, the applicant shall implement the spt
Design District standards as outlined in the Rancho Carrillo Master Pla~
specific design standards as outlined in the Village “0” Design Guideline!
‘‘P,’).
31. All fences and walls for this project shall be in substantial conformancc
fencing and wall details as well as the approved locations for each as shol
Landscape Concept details, Exhibits “GI’ and “J”. Noise walls adjacent tc
Drive on Lot 52 shall be required for noise attenuation. All required fenci
walls shall be constructed by the developer prior to the issuance of a cer
occupancy on a unit-by-unit basis.
32. Prior to final map, the applicant shall establish Master and Village hon
associations and corresponding covenants, conditions and restrictions. Sai
shall be submitted to and approved by the Planning Director. The follow
shall be included in the CC&Rs:
(A) No private development shall be permitted within open space Lot 52
open space easement areas on Lots 1-14 inclusive.
(B) The CC&Rs shall include provisions specifying that individual (
property may replace original fencing on their property, howe
changes are required to comply with a uniform fencing and wall (
the project as graphically shown on Exhibit “J”. The replaceme
fences or walls within this project must be consistent with one of tl
or wall design types as shown in the Master Plan.
(C) Common ownership and maintenance of Open Space Lot 52.
(D) All open space and landscapedl areas shall be maintained in a hc
thriving condition, free from weeds, trash, and debris and shall be n
as indicated on Exhibit “H”.
(E) Subsequent additions to homes by individual homeowners,
architecturally compatible with existing structures as well as the su
area.
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(F‘) Master Homeowner‘s Association maintenance of the Recreationa
Storage lot (Lot 104).
33. Prior to approval of the Final map, the applicant shall dedicate Lot 5
Homeowner’s Association as permanent open space. This stipulation
included in the CC&Rs.
34. Elevations, floor plans, and building layouts must comply with the Design g
for this project pursuant to Exhibit “P”.
Landscape
35. The applicant shall prepare a detailed landscape and irrigation plan whicl
submitted to and approved by the Planning Director prior to the approval c
or building plans, whichever occurs first.
36. All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on fi
Planning Department.
37. All landscaping shall comply with the landscape requirements of the Carril
Master Plan and the City’s Landscape Manual.
38. The developer shall include top-soil preservation and rollback and redi
cuVfi11 slopes and open space areas proposed for native revegetation 1
stability and growth subject to the approval of the City Engineer and
Director. The top-soil shall be stockpiled on-site and protected against e
the satisfaction of the City Engineer and Planning Director.
39. All landscaped areas shall be maintained in a healthy and thriving condj
from weeds, trash, and debris.
40. The applicant shall pay a landscape plan check and inspection fee as re
Section 20.08.050 of the Carlsbad Municipal Code.
41. The first set of landscape and irrigation plans submitted shall include build
improvement plans and grading plans.
42. All building pad and street areas of Village “0” that are graded under H
and remain vacant or undeveloped for a period of more than 6 months
grading operation Is completed shall be seeded to reduce erosion and visua
If grading is phased, the six months time period shall start at the completic
individual grading phase.
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Signs and Identification
43. Building identification and/or address shall be placed on all new and
buildings so as to be plainly visible from the street or access road;
identification and/or address shall contrast to their background color.
44. Any signs proposed for this development shall at a minimum be de:
conformance with the City’s Sign Ordinance and shall require review and
of the Planning Director prior to installation of such signs.
45. All signage shall be designed in conformance with the Rancho Carrillo Ma!
Signage shall be located in conformance with Exhibit “I” Landscape Conc
unless otherwise approved by the Planning Director.
Environmental
46. This project shall comply with all conditions and mitigation measures
within the attached Mitigation Monitoring and Reporting Program (Ex
which are required as part of Environmental Impact Report for the Ranchc
Master Plan EIR 91-04, certified by City Council on July 27, 1993.
47. Prior to occupancy of the first unit of Village “O”, the revegetationnands
for the southern portion of Lot 52 shall be implemented as shown on Exhi
approved by the monitoring biologist.
48. Prior to issuance of a grading or building permit, whichever occurs first, ,
soils contamination report shall be prepared and submitted to the City I
and approval by the City Engineer. The detailed soils contamination re]
include a soils contamination remediation plan. If remediation is determj
unnecessary, the report shall so indicate.
49. Prior to occupancy of individual units, the applicant shall constn
attenuation walls consistent with the noise study prepared by Recon date
1992, and as shown on Exhibits “A” - “D”, and “G”, dated September 7,19
in the Planning Department. Noise mitigation measures shall comply with
Department Policy 17 or other adopted City noise policy in place at th
building permit.
50. Prior to final map the applicant shall submit a detailed noise study a
necessary interior noise mitigation measures for Village “0”. Prior to is
building permit: (1) the interior noise levels shall be mitigated to 45 dl
when openings to the exterior of the residence are closed; (2) if ope
required to be closed to meet the City standard, mechanical ventilatiol
provided; and, (3) all useable exterior space above the first floor shall be
to the adopted City standard.
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51. Prior to the recordation of the final map or the issuance of building
whichever occurs first, the owner of record of the property within the boun
this tentative map shall prepare and record a notice in a manner ma
approval of the Planning Director and the City Attorney that this property i
to overflight, sight, and sound of aircraft operating from McClellan-Paloma]
The applicant shall post aircraft noise notification signs in all sales and
offices associated with the new development. The number and locations of s
shall be approved by the Planning Director.
52. Consistent with EIR 91-04, impacts to riparian habitat and threatened/en
plant species will be mitigated under the review and supervision of the C
Department of Fish and Game, the U. S. Army Corp of Engineers and i
applicable resource agency. The mitigation plan must be approved by the
resource agencies prior to the recordation of final map or issuance 0‘
permit. Grading plans shall reflect the resource agencies review and apy
modifications are required by the agencies, the applicant may be requira
for an amendment to this Tentative Map and/or Planned Development 1
apply for new discretionary permits.
53. All outdoor lighting shall be directed away from open space areas \
potential to disturb wildlife exists.
54. Prior to approval of the final map, the applicant/developer shall be requir
consult with the United States Fish and Wildlife Service (USFWS) rega
impact of the project on the coastal California gnatcatcher and; be is
permits required by the USFWS.
55. Open Space Lot 52 as depicted on Exhibits “A - “J” shall be retained as p
open space. A portion of this open space lot shall be maintained in a natl
restored to a naturalized area or buffer area. Disturbance of natural 1
limited as provided in EIR 91-04.
56. Prior to grading, the applicant shall retain the services of a qualified biolc
on-site when surveying and staking of native habitat impact areas occ
biologist is to ensure that the limits of grading are flagged or otherwise 1
assure that impacts form grading and construction do not exceed those a1
part of the project.
57. Grading of natural habitats should not occur during the nesting season. 4
within 500 feet of coastal California gnatcatcher-occupied habitat and with
of riparian habitat occupied by the least Bell’s vireo and/or the willow
should be restricted to the period between September 1 and February 15
grading permit the applicant shall conduct least Bell’s vireo and flycatch
of potential habitat.
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58. All grading within the special Design Park District shall be periodically w
control dust.
59. Prior to issuance of any grading permits for Village “O”, the applicant SI
evidence to the City Engineer of a 404 permit from the Army Corps of Er
60. Prior to issuance of any grading permits or final map, whichever occurs
applicant shall submit for review and approval by the Planning Directc
recovery program for SDi-9846.
61. Prior to the issuance of any grading permits or final map, whichever occurs
applicant shall submit for review and approval to the City Engineer a
Mitigation Plan. The Riparian Mitigation Plan may include participati
City’s Habitat Management Plan. Mitigation shall be accomplishe
satisfaction of the City and in accordance with the requirements of Sectiol
seq. of the California Fish and Game code and Section 404 of the Fede
Water Act. If such plan includes on-site mitigation the applicant shall s
review and approval by the Planning Director a data recovery program
4691B if disturbed by the mitigation plan.
62. Paleontology:
a. Prior to any grading of the project site, a paleontologist shall be rc
perform a walkover survey of the site and to review the grading
determine if the proposed grading will impact fossil resources. A CI
paleontologist’s report shall be provided to the Planning Direct01
issuance of a grading permit.
b. A qualified paleontologist shall be retained to perform periodic ir
of the site and to salvage exposed fossils. Due to the small natur
of the fossils present in the geologic strata, it may be necessary
matrix samples for laboratory processing through fine scree
Paleontologist shall make periodic reports to the Planning Direct
the grading process.
c. The paleontologist shall be allowed to divert or direct grading in t
an exposed fossil in order to facilitate evaluation and, if necessar
artifacts.
d. All fossils collected shall be donated to a public, non-profit institl
a research interest in the materials, such as the San Diego Natur
Museum.
e. Any conflicts regarding the role of the paleontologist and th
activities of the project shall be resolved by the Planning Director
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Affordable Housing
63. This project is approved, subject to the condition that the required inclusiol
shall be constructed concurrent with the project market rate units, unless
final decision making authority of the City and the developer agree, \
Affordable Housing Agreement, to an alternate schedule for development.
64. Prior to the approval of the final map, the applicant shall enter into an A
Housing Agreement with the City to provide and deed restrict 9.0 dwellin,
affordable to lower-income households for the useful life of the dwelling u
Affordable Housing Agreement shall be required to be submitted by the A
to the City. The agreement shall be approved by the Community Dev
Director and Director of Housing and Redevelopment. The Affordable
Agreement shall be binding to all future owners and successors in interes
65. Prior to final map approval, an Mordable Housing Agreement shall be :
by the applicant to the City, approved by the Planning Director and D
Housing and Redevelopment, and completed and recorded as a deed rest
those individual lots or units of the project which are designated for the 1(
low-income affordable units. The Affordable Housing Agreement shall b
to all future owners and successors in interest.
The Affordable Housing Agreement shall be required to include but not 1
to just, the following:
(a)
(b)
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(d)
(e) (9
(g)
(h)
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The number of inclusionary lower-income dwelling units;
The unit sizes (square footage) and the number of bedrl
inclusionary dwelling unit;
The location of the inclusionary units;
The schedule for production of the inclusionary units;
The tenure of affordability (useful life of the dwelling unit)
Incentives (i.e. density increases, standards modifications, ant
resources) provided by the City;
Rules and procedures for setting rents, sales prices, and ma
dwelling units;
Terms and conditions governing the initial sale and resale (
inclusionary units; and
An administration, monitoring, and management plan.
Engineering Conditions:
66. The applicant shall be responsible for coordination with S.D.G.&E., Pi
Telephone, and Cable TV authorities.
67. All concrete terrace drains shall be maintained by the homeowner’s assa
on commonly owned property) or the individual property owner (if on an ir
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owned lot). An appropriately worded statement clearly identifying the resp
shall be placed in the CC&Rs.
68. This subdivision contains a remainder parcel. No building permit shall be i
the remainder parcel until it is further subdivided pursuant to the provision
20 of the Carlsbad Municipal Code. This note shall be placed on a sepa
mapping data sheet of the final map.
69. Approval of this tentative tract map shall expire twenty-four (24) months
date of City Council approval unless a final map is recorded. If any fin:
recorded for this project prior to the tentative map expiration date,
expiration date of the conditionally approved tentative map shall be ex1
accordance with Section 66452.6(a) of the Subdivision Map Act. If a final
not been recorded for this project, then an extension may be requeste
applicant. Said extension shall be approved or denied at the discretion 0:
Council. In approving an extension, the City Council may impose new c
and may revise existing conditions pursuant to Section 20.12.110(a)(2)
Municipal Code.
70. The applicant shall defend, indemnify and hold harmless the City and i
officers, and employees from any claim, action or proceeding against the (
agents, officers, or employees to attack, set aside, void or null an appro1
City, the Planning Commission or City Engineer which has been brought a(
City within the time period provided for by Section 66499.37 of the Subdivi
Act.
71. Prior to final map approval, the applicant shall pay all current fees anc
required.
72. Prior to final map approval or issuance of any grading permit, the om
subject property shall execute an agreement holding the City harmless
drainage across the adjacent property.
73. Based upon a review of the proposed grading and the grading quantities
the tentative map, a grading permit for this project is required. Prior to
approval, the applicant must submit and receive approval for grading
accordance with City codes and standards.
74. Upon completion of any phased and/or project specific grading, the appli
ensure that an “as-graded” geologic plan is submitted to the City Engineer.
shall clearly show all the geology as exposed by the grading operation, a1
corrective measures as actually constructed and must be based on a corn
which represents both the pre and post site grading. This plan shall be
both the soils engineer and the engineering geologist. The plan shall be prl
a 24” x 36” mylar or similar drafting film and shall become a permanent
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75. Prior to final map approval, the owner of the property on behalf of itself E
its successors in interest shall execute and record a notice of disclosure a1
harmless agreement on Village “0” noticing any future owners of the pres
mitigated geologic hazard and indemnim the City of Carlsbad, agents, ofli
employees from any action that may arise through any subsequent geologi
ground water seepage, or land subsidence and subsequent damage that n
on or adjacent to Village “O”, due to its construction, operation, or mainte
notice to this effect and a reference to the recorded document shall be inc
a non-mapping data sheet of the final map.
76. No grading for private improvements shall occur outside the limits of the su
unless an agreement to grade is executed by the developer and the own€
affected properties. If the applicant is unable to obtain the agreement to
grading permit will be issued. In that case the applicant must either a]
tentative map or change the plan so grading will not occur outside the PI
in a manner which substantially conforms to the approved tentative
determined by the City Engineer and Planning Director.
11 77. Prior to hauling dirt or construction materials to or from any proposed COI
City Engineer for the proposed haul route. The applicant shall compl:
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14 hauling operation.
conditions and requirements the City Engineer may impose with regar
to prevent offsite siltation. Planting and erosion control shall be pn
78. The developer shall exercise special care during the construction phase oft€ 15
12 site within this project, the applicant shall submit to and receive approval
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accordance with the Carlsbad Municipal Code and the City Engineer. 1
Chapter 11.06.
18 79. Additional drainage easements may be required. Drainage structures
provided or installed prior to or concurrent with any grading as may be re
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80, The owner shall make an offer of dedication to the City for all public si
easements required by these conditions or shown on the tentative map.
shall be made by a certificate on the final map for this project. All land $
shall be granted to the City free and clear of all liens and encumbrances an
cost to the City. Streets that are already public are not required to be ret
81. Direct access rights for all lots abutting Melrose Drive and Carrillo Wq
waived on the final map.
25 82. Some improvements shown on the tentative map and/or required by these (
26 are located offsite on property which neither the City nor the owner has
title or interest to permit the improvements to be made without acquisiti 27 or interest. The applicant shall conform to Section 20.16.095 of the
28 Municipal Code. This conditional approval is null and void if title to saic:
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is not obtained, unless the City Engineer and Planning Director make fi1
substantial conformance without construction of said improvements.
83. Prior to approval of any grading or building permits for this project, the ou
give written consent to the annexation of the area shown within the boundax
site plan into the existing City of Carlsbad Street Lighting and Landscapin,
No. 1 on a form provided by the City.
84. The applicant shall comply with the City’s requirements of the National
Discharge Elimination System (NPDES) permit. The applicant shall pro
management practices to reduce surface pollutants to an acceptable leve:
discharge to sensitive areas. Plans for such improvements shall be approv,
City Engineer prior to final map approval. Said plans shall include, bl
limited to the following, which shall be included in the project’s CC&Rs:
A. The homeowners association shall coordinate the use of the City’s es
program to assist residents with the removal and proper disposal of
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, n
antifreeze, solvents, paints, paint thinners, wood preservatives, and o
fluids shall not be discharged into any street, public or private, or il
drain or storm water conveyance systems. Use and disposal of 1:
fungicides, herbicides, insecticides, fertilizers and other such
treatments shall meet Federal, State, County, and City require
prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduc
pollutants when planning any changes to the landscaping ant
improvements.
85. Prior to final map approval, the subdivider shall provide for sight distance
at all street intersections in accordance with Engineering Standards and sh
the following statement in the project’s CC&Rs:
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“No structure, fence, wall, tree, shrub, sign, or other object over
30 inches above the street level may be placed or permitted to
encroach within the area identified as a sight distance corridor
in accordance with City Standards. The underlying property
owner shall maintain this condition.”
This statement shall also be placed on a non-mapping data sheet on the f
86. In accordance with the Rancho Carrillo Final Environmental Impact Repol
grading of natural habitat should not occur during the nesting seasc
endangered avian species. All grading within 500’ of coastal California gn
occupied habitat and within 200’ or riparian habitat, occupied by least B 11 PC RES0 NO. 3675 -17-
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and willow flycatcher, shall be restricted to the period between Septemb
February 15 of any given year.
87. Prior to final map approval, drainage outfall end treatments, for drainage (
areas where a direct access road for maintenance purposes has not been 1
shall be designed and incorporated into the grading/improvement plan!
project. These end treatments shall be designed so as to prevent vegetatio
from obstructing the pipe outfall. Designs may consist of a modified outlet
consisting of an extended concrete spillway section with longitudinal curbi~
radially designed rip-rap, or other means deemed appropriate, as a m
preventing vegetation growth directly in front of the pipe outlet, to the sal
of the City Engineer.
88. Prior to final map approval, a Certificate of Compliance and Adjustment
444 shall be recorded in the office of the County Recorder.
89. Prior to issuance of any grading or building permits, the City Engineer ma
an engineering evaluation of the stability of the existing Bressi Dam. The e
shall be conducted by an appropriate registered engineer. Any recoI
improvements to protect the existing dam, if required, shall be completl
satisfaction of the City Engineer.
90. Prior to submittal of a grading plan for the project, the applicant shall su
receive approval from the City Engineer for a phased grading map clearly
the limits and quantities of grading for this project.
91. Prior to approval of any final map, the following improvements, as requir
Rancho Carrillo Master Plan (MP) and Local Facilities Management Plan
for Zone 18, shall be guaranteed to the satisfaction of the City Enginee
improvements, unless otherwise modified by the final decision-making bodJ
substantially completed to the satisfaction of the City Engineer prior to a
of the first dwelling unit within the entire project.
A. Melrose Drive - Alga Road to Palomar Airport Road
0 Complete grading to ultimate right-of-way width to primc
standards.
e Construction of a median and two lanes in each direc
intersection improvements to the satisfaction of the City Em
B. Poinsettia Lane - Melrose Drive to Zone 18 Western Boundary
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e Complete grading to ultimate right-of-way width to majo
e Construction of full major arterial standards from the in1
standards.
with Melrose Avenue to the entrance to Village “J” and the st
PC RES0 NO. 3675 -18- I
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C. El Fuerte Street - Through Zone 18
e Complete grading to ultimate right-of-way width.
e Construction of one lane in each direction from the ~
boundary of the Master Plan to the entrance to Village ‘T”.
D. Sewer Facilities, including:
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12” main in Melrose Drive
12” main in, or adjacent to Poinsettia Lane
BuendSan Marcos Trunk (BSMT) 1, Section A
BuendSan Marcos Trunk (BSMT) 1, Section C
Buena/San Marcos Trunk (BSMT) 1, Section D
Buena/San Marcos Trunk (BSMT) 1, Section F
Buena/San Marcos Trunk (BSMT) 1, Section G
North La Costa Lift Station
E. Water Facilities, including:
A portion of the proposed potable 24-inch main in tl
alignment of Melrose Avenue.
Zone 18.
alignment of El Fuerte within Zone 18.
alignment of Melrose Avenue.
Fuerte within Zone 18.
service Area E.
e The proposed pressure reducing station at the southeast
e The proposed potable 30-inch transmission line in the
e A portion of the proposed reclaimed 8-inch main in the
e The proposed reclaimed 38-inch main in the proposed alignn
0 The proposed potable 12” main from Melrose to El Fuertc
F. Drainage Facilities, including:
e Proposed box culvert under Melrose Drive.
e Detention basins, channel and flood control improve^
necessary to mitigate for erosion and protect on site Master
off site downstream properties from significant impacts.
92. Plans, specifications, and supporting documents for all public improvemen
prepared to the satisfaction of the City Engineer. Prior to approval of the 1
in accordance with City Standards, the applicant shall install, or agree to i
secure with appropriate security as provided by law, improvements sho7;
tentative map and necessary to service the project, including but not limi
A. Frontage improvements to Melrose Drive, including:
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e No. 3 southbound through lane
e Southbound bicycle lane
0 Curb, gutter, and sidewalk
0 Street light standards
0 Landscape raised median
0 Landscape area between sidewalk and west right-of-way line
B. A fully actuated traffic signal at the intersection of Melrose I:
Carrillo Way.
C. Full width street improvements of Carrillo Way, between Melrose 1
“Q-I” Street.
D. A secondary access to comply with City standards including dm
grading, 28 foot width of pavement, and any necessary utilities to
below the pavement.
A copy of all of the above improvement conditions shall be placed on a non
data sheet on the final map per the provisions of Sections 66434.2 of the SI
Map Act. Improvements listed above shall be constructed within 18 I
approval of the secured improvement agreement or such other time as PI
said agreement.
93. All conditioned improvements must be specifically shown on the conformini
map exhibit to the satisfaction of the City Engineer.
Fire Conditions:
94. Prior to the issuance of building permits, complete building plans shall be ~
to and approved by the Fire Department.
95. Additional onsite public hydrants are required.
96. Applicant shall submit a site plan to the Fire Department for approval, whi
location of required, proposed and existing hydrants.
97. Applicant shall submit a site plan to the Fire Department for approval
driveways and general traffic circulation.
98. An all-weather access road shall serve the project during construction.
99. All required fire hydrants, water mains and appurtenances shall be operati
to combustible building materials being located on the project site.
100. All private driveways shall be kept clear of parked vehicles at all times,
have posted “No Parking/Fire Lane” pursuant to Section 17.04.020,
Municipal Code.
PC RES0 NO. 3675 -20-
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1 101. Brush clearance shall be maintained according to the specifications contain
City of Carlsbad Landscape Manual. Applicant shall provide brush cleara
2 to the Fire Department for approval.
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102. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing
5
to the Fire Department for approval prior to construction.
automatic sprinklers, and other systems pertinent to the project shall be s
Department a map, showing the street network, conforming to the followin1 6
103. Prior to submittal of water improvement plans, the applicant shall submit tc
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* 400’ scale
* At least two existing streets and/or intersections shall be referencx
* Photo reduction on mylar
* Maps shall include the following infomrmation: map (not a separate vicinity map)
Street centerlines
Street names
Fire hydrant locations
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104. Fire suppression areas shall be provided as shown on Exhibit “F”.
l4 !I Carlsbad Municipal Water District Conditions:
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105. The entire potable and non-potable water sys’temhysterns for subject projec
evaluated in detail to ensure that adequate capacity and pressure for 1
landscaping and fire flow demands are met.
106. The developer’s engineer shall schedule a meeting with the District Enginer
City Fire Marshal and review the preliminary water system layout
preparation of the water system improvement plans.
107. The developer will be responsible for all fees and deposits plus the maj,
charge which will be collected at time of issuance of building permit. The (
shall pay a San Diego County Water Authority capacity charge whicl
collected at issuance of application for meter installation.
108. This project is approved upon the express condition that building permits P
issued for development of the subject property unless the water district st
development determines that adequate water and service is available at tl
application for water service and will continue to be available until
occupancy.
26 I! 109. Sequentially, the developers engineer shall do the following:
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a. Meet with the City Fire Marshal and establish the fire I
requirements.
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b. Prepare a colored reclaimed water use: area map and submit to the 1
Department for processing and approval.
c. Schedule a meeting with the District Engineer for review, comn
approval of the preliminary system layout usage (G.P.M. - D.D.U.)
potable, reclaimed and sewer systems prior to the preparation of impr
plans.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 4th day of January, 195
following vote, to wit:
AYES: Chairperson Welshons;; Commissioners Compas,
Monroy, Nielsen, Noble: and Savary.
NOES: None.
ABSENT: None.
ABSTAIN None.
:&
KIM WEILSHONS, Chairperson
CARLSBAD PLANNING COMMISSI
ATTEST:
PLANNING DIRECTOR
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