Loading...
HomeMy WebLinkAbout1995-09-20; Planning Commission; Resolution 38150 a 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 PLANNING COMMISSION RESOLUTION NO. 3815 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED ATTHE NORTHEAST CORNER OF THE ALGA ROAD/COBBLESTONE ROAD INTERSECTION, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 5 CASE NAME: LAUREL TREE APARTMENTS CASE NO: SDP 95-01 WHEREAS, a verified application has been filed by Metropolita Advisory Committee with the City of Carlsbad and referred to the Planning Comr and PLAN NO. SDP 95-01 TO DEVELOP A 138 DWELLING WHEREAS, said verified application constitutes a request for development plan as provided by Chapter 21.53 of the Carlsbad Municipal Code; ' WHEREAS, pursuant to the provisions of the Municipal Code, the P: Commission did, on the 20th day of SEPTEMBER, 1995, consider said request on p described as: Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad, County of San Diego, State of California, filed 5/5/89 as File No. 89-23967 of official records. WHEREAS, at said public hearing, upon hearing and considering all te2 and arguments, if any, of all persons desiring to be heard, said Commission considr factors relating to SDP 95-01. NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Coml recommends APPROVAL of SDP 95-01, based on the following findi~ subject to the following conditions: ~ 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. The project is in conformity with the General Plan and adopted policies an of the City, and it would have no detrimental effect on public health safc welfare for the following reasons: a. The proposed high density residential project is consistent with tht General Plan in that it is compatible with surrounding lower densiq residential designations/uses to the south, east and west and nons residential use to the north. b. Policy 3.7.h of the Housing Element of the General Plan allows the City to approve General Plan Amendments to enable the development of lower income affordable housing subject to: (1) the proposal being compatible with adjacent land uses; (2) the adequacy of public facilities; and (3) the site being located in proximity to employmenl opportunities, urban services or major roads. This proposed projecl satisfies these three criteria in that: (1) the use is compatible with surrounding lower density residential land use designations to tht south, east and west and non-residential designation to the north; (2: public facilities are adequate to accommodate the development of tht property consistent with this high density residential land use; and (3: this site is appropriate for a high density residential land use and complies with the General Plan’s locational criteria for affordablt housing because the site is located adjacent to a major roadway (Alga Road), and is in close proximity to employment opportunities (located along Palomar Airport Road) and a future community park (Poinsettia) which is located 1/2 mile to the southwest. c. In that the project will: (1) build Alga Road (full width grading and half street improvements) from Palomar Airport Road to the project site; (2) provide a non-loaded industrial street (“A” Street) leading from Alga Road to the project entry; and (3) provide access to the Sudan Interior Mission, project traffic will not adversely effecl surrounding properties. d. This residential project will be compatible with surrounding lowe1 density residential land use designations and projects to the south (RLM 0-4 du/ac), east (RL 0-1.5 du/ac) and west (Sudan Interior Mission), in that the proposed project would be located within the base of a canyon which is topographically separated (between 30 and 120+ vertical feet) from the developable portions of these surrounding residential properties. The proposed project would also be buffered from surrounding residential properties/uses by undevelopable steep slopes located east and west of the project site and future Alga Road and Cobblestone Road which are located immediately to the west and south, respectively. PC RES0 NO. 3815 -2- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 e. This multi-family residential project will be compatible with the agricultural use located to the north in that a 72 foot wide roadwaj (“A” Street), perimeter wall and landscaped buffer will be located between these uses. f. The project would provide adequate on-site parking that complies with the City’s Parking Ordinance and efficient, safe circulation to serve the needs of residents and their guests. The project would not impact the availability of off-site street parking. g. A pedestrian circulation system, that is separated from the project driveways, is also provided to allow sufficient and safe pedestrian access throughout the project. Sidewalks will be provided along the project’s street frontages to provide access to and from the project. h. The project is conditioned to provide adequate emergency access, including: (1) an interim emergency access leading from the northeast corner of the property northward along Laurel Tree Lane; and (2) a future emergency access, leading from the southeast corner of the site to Cobblestone Road. The project has been reviewed and conditioned by the Fire Department. 14 15 16 17 18 19 1. Potential project visual impacts to the Palomar Airport Road scenic corridor will be adequately addressed through heavy perimeter project landscaping, building heights being restricted to an average of less than 30 feet and a maximum of 35 feet (only 1 building), the use of earthtone colors on building exteriors, and the project’s horizontal separation (between 650 and 890 feet) from Palomar Airport Road. The provision of a 6 foot tall screen wall (noise wall), landscaping and a 4 to 36 foot grade differential along Alga Road would adequately screen the project’s structures and parking areas from Alga Road. 20 following: 21 2. The Planning Commission finds that the project, as conditioned herein for SI 01 is in conformance with the Elements of the City’s General Plan, based t 22 23 24 25 26 27 28 a. Land Use - A General Plan Amendment and Local Coastal Program Amendment is proposed with this application to redesignate the property to Residential High to enable the development of this 138 unit apartment project on the property. The Residential High (RH) Land Use Designation allows the development of two and three-story condominium and apartment developments at a density of 15 to 23 du/ac with a 19 du/ac growth management control point. The proposed 138 unit apartment project would have a net density of 1531 dwelling units per acre. This density would be consistent with the RH land use designation and would be below the designations 19 du/ac Growth Management Control Point. i/ PC RES0 NO. 3815 -3- 0 1 2 3 4 5 6 7 8 9 16 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Circulation - This project is consistent with many of the major policie (C.1, C3, C.16, C.17) of the Circulation Element pertaining to Streel and Traffic Control, in that it will implement a number of majo circulation improvements including the construction (full widt grading and half street improvements) of Alga Road from Palom2 Airport Road to Cobblestone Road. c. Noise - This project is located adjacent to future Alga Road and withi the 60 dB(A) CNEL noise contour for McClellan Palomar Airpor Accordingly, consistent with Noise Element Policy C.6, an Acoustic; Analysis Report (Ogden Environmental and Energy Services Cc 4/14/95) has been prepared for this project. Consistent with Nois Element Policy C.5, the exterior and interior noise levels for a residential units should be mitigated consistent with the Nois Element policies of the General Plan. In order to adequately mitigal project exterior and interior noise levels the following measures wi be incorporated into the project 1) a 6 foot tall sound wall constructed along the top of the Ale Road fill slope; 2) mechanical ventilation and a closed window condition for tl majority of the units located adjacent to Alga Road; and 3) the recordation of a notice that the property is subject 1 overflight, sight and sound from aircraft operating fro1 Palomar Airport. These mitigation measures have been conditioned to be incorporated into the pra 3. Housing - Consistent with Housing Element Policy 3.6.b (15% Inclusionary Requirement), this project will provide 138 apartment units, all of wl affordable to low and very-low income households. The 138 affordable hous will contribute substantially toward meeting the City’s Regional Need f affordable dwelling units over this Housing Element cycle. This project provide 46 three and 22 four bedroom units and be consistent with Housing Policy 3.2, which requires residential developments of 10 or more affordal to provide at least 10940 of the units with 3 or more bedrooms. 4. Implementation of this residential project shall require the allocation of 13 Dwelling Units from the City’s Southwest Quadrant bank. The allocation excess dwelling units to this project would be consistent with Housing EIeme 3.8 (Allocation of Excess Dwelling Units) because all of the 138 project dwell would be restricted as affordable to low and very-low income households. 1 to Policy 3.8, the first priority for allocation of excess dwelling units is for very low income households. .... i PC RES0 NO. 3815 -4- I 1 2 3 4 5 0 0 5. Open Space and Conservation - This project is consistent with the Open Sp: Conservation Element. Specifically: (1) no encroachment into open space id( on the Official Open Space and Conservation Map is proposed; (2) pursuan Zone 5 Local Facility Management Plan, the adopted performance stand Open Space for Zone 5 has already been met; and (3) this project hr conditioned to provide a 20 foot wide easement for the future construction Trail Segment #30 along the eastern side of the property. t3 a 6. That the project is consistent with the Housing Element of the General Plan i Inclusionary Housing Ordinance as the Developer has been conditioned to en applicable local facilities management plan, and all City public facility polici The project is consistent with the City-Wide Facilities and Improvements P1; 9 as affordable to lower-income households. 8 an Affordable Housing Agreement to provide and deed restrict 138 dwellin ’ o ordinances since: 11 12 13 14 7. The project has been conditioned to ensure that building permits will not be for the project unless the District Engineer determines that sewer service is av and building cannot occur within the project unless sewer service remains av and the District Engineer is satisfied that the requirements of the Public F Element of the General Plan have been met insofar as they apply to sewer for this project. 15 16 ’ 8 9. Park-in-lieu fees are required as a condition of approval. 17 Carlsbad Unified School District. 10. All necessary public improvements have been provided or are required as con 8. Statutory School fees will be paid to ensure the availability of school facilitie! 19 of approval. 20 11. The developer has agreed and is required by the inclusion of an appr condition to pay a public facilities fee. Performance of that contract and p concurrent with need as required by the General Plan. 21 of the fee will enable this body to find that public facilities will be a7 22 23 24 25 26 12. The project has been conditioned to pay any increase in public facility fee, construction tax, or development fees, and has agreed to abide by any ad( requirements established by a Local Facilities Management Plan prepared pi to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure COI availability of public facilities and will mitigate any cumulative impacts create( project. 27 28 13. This project has been conditioned to comply with any requirement approved of the Local Facilities Management Plan for Zone 5 properties. .... PC RES0 NO. 3815 -5 - 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 0 0 14. That the habitat loss does not cumulatively exceed the 5% guideline establi: the Draft Conservation Guidelines of the Draft Natural Community Conse Plan (NCCP). The City of Carlsbad has calculated that 5% of the base acr CSS is 165.70 acres. As of August, 1995,1938 acres have been taken. The CSS due to the Laurel Tree project and Alga Road (32 acres) would resu cumulative habitat loss of 20.2 acres for the HMP area when all approved 10s accounted for. This loss does not exceed the 5% guideline of 165.7 acres. 15. That the habitat loss will not preclude connectivity between areas of high values. The .82 acre take area is located within Preserve Planning Area 4 (PI Carlsbad’s Habitat Management Plan (HMP). This habitat loss will not PI connectivity between areas of high habitat values since PPA4 is not includc part of a Linkage Planning Area. The HMP notes that the PPA4 core areas t only limited habitat for target birds, mammals and herptofauna and only 1 limited contribution to the overall preserve system. The core area patches of may provide some value as stepping stones facilitating dispersal and mover wildlife between core areas in adjacent PPAs. The project will not connectivity from north to south or east to west in that the core CSS cover slope areas located east and west of the project and Encinas Creek, which is to the north of the project, will be preserved in open space. 16. That the habitat loss will not preclude or prevent the preparation of tht Habitat Management Plan, in that the area is not a part of a Linkage Plannin makes a limited contribution to the overall preserve system and will not imj use of habitat patches as stepping stones to surrounding PPAs. 17. That the habitat loss has been minimized and mitigated to the maximum practicable in accordance with the mitigation established by the NCCP Guil in that the majority (90%) of the habitat lost results directly from the const of Alga Road. The applicant is proposing to mitigate this impact by purcha: preservation 1.64 acres of CSS habitat within the high quality CSS area lot the Carlsbad Highlands mitigation bank. In that Alga Road (a City Circ Element Road) would be constructed even in the absence of the Laurel Tree it and the project would qualify for first priority use of the City’s 165.7 CI acreage. 18. That the habitat loss will not appreciably reduce the likelihood of the survi recovery of listed wildlife species in the wild for three reasons: (1) large bl habitat will not be lost and fragmentation will not occur, (2) the Laur property is at the periphery of a sub-population of the gnatcatcher, it is no center where the loss of habitat would be more important; and (3) it is not that the pair of gnatcatchers will be disturbed to the point of abandoning 1 Enough habitat will be preserved in the immediate area that the single pair able to continue occupying the area. The loss of the pair, if it occurs, woull in the loss of less than 1 percent (0.0067) of the City of Carlsbad HMP es subpopulation. .... PC RES0 NO. 3815 -6- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lis 19 20 21 22 23 24 25 26 27 28 19. That the habitat loss is incidental to otherwise lawful activities, in th development of the Laurel Tree property is a legal proposed development fol all required permits shall be obtained. Mitigation for impacts to CSS habi proposed to be accomplished through purchase of equal or better habitat at site location. The proposed mitigation area (Carlsbad Highlands) ha previously accepted as an appropriate mitigation site by the California Depa of Fish and Game and the U.S. Fish and Wildlife Service. 20. That the Project is consistent with the City’s Landscape Manual, adopted 1 Council by incorporation by reference in Carlsbad Municipal Code Section 14. 21. The project is consistent with the Comprehensive Land Use Plan (CLUP) McClellan-Palomar Airport, dated April, 1994 in that as conditioned the ap shall record a notice concerning aircraft noise. The project is compatible v projected noise levels of the CLUP; and, based on the noisefland use comp; matrix of the CLUP, the proposed land use is compatible with the airport. 22. The Planning Commission of the City of Carlsbad has reviewed, analyz considered Mitigated Negative Declaration (GPA 95-01/ZC 95-01LCPA 95-02 87-05(B)/SDP 95-01/HDP 95-01), the environmental impacts therein identified project and said comments thereon, and the Mitigation Monitoring and Re Program, on file in the Planning Department, prior to recommending approva project. Based on the EIA Part-I1 and comments thereon, the Planning Coml finds that there is no substantial evidence the project will have a significant e the environment and hereby recommends approval of the Mitigated r\ Declaration. 23. The Planning Commission does hereby find that the Mitigated Negative Decl Mitigation Monitoring and Reporting Program have been prepared in accc with requirements of the California Environmental Quality Act, the State Gui and the Environmental Protection Procedures of the City of Carlsbad. (GPA 95-01/ZC 95-01LCPA 95-02LFMP 87-05(B)/SDP 95-01/HDP 95-4 24. The Planning Commission finds that the Mitigated Negative Declaration (C Ol/ZC 95-01LCPA 95-02LFMP 87-05(B)/SDP 95-01/HDP 95-01) refle independent judgement of the Planning Commission of the City of Carlsba Plannine Conditions: 1. The Planning Commission does hereby recommend approval of tl Development Plan for the SDP 95-01 Project entitled “Laurel Tree Apart (Exhibits “A-“BB”) on file in the Planning Department and incorporated reference, dated September 20, 1995), subject to the conditions herein sc Staff is authorized and directed to make or require the Developer to II corrections and modifications to the Site Development Plan Documents, as nc to make them internally consistent and conform to Planning Commissiol action on the Project. Development shall occur substantially as shown PC RES0 NO. 3815 -7- 1 2 3 2. 4 5 6 3. 7 8 9 10 11 12 13 4. l4 5. 15 16 17 l8 6. 19 20 21 22 23 24 7. 25 26 27 8. 28 e 0 approved exhibits. Any proposed development substantially different frc approval, shall require an amendment to this approval. The Developer shall provide proof of payment of statutory school fees to n conditions of overcrowding as part of the building permit application. The i of these fees shall be determined by the fee schedule in effect at the time of b permit application. Prior to the issuance/approval of a building permit, the Developer shall evidence to the Planning Director that impacts to school facilities havl mitigated in conformance with the City’s Growth Management Plan to the permitted by applicable state law. If the mitigation involves a financing schen as a Mello-Roos Community Facilities District which is inconsistent with thl Growth Management Plan including City Council Policy Statement No. Developer shall disclose to future owners in the project, to the maximum possible, the existence of the tax and that the school district is the taxing responsible for the financing district. This Project shall comply with all conditions and mitigation measures wh required as part of the Zone 5 Local Facilities Management Plan a: amendments made to that Plan prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, payment of any fees in lieu thereof, imposed by this approval or imposed by this residential housing project are challenged this approval shall be suspel provided in Government Code Section 66020. If any such condition is dete to be invalid this approval shall be invalid unless the City Council determines 1 project without the condition complies with all requirements of law. If any of the foregoing conditions fail to occur, or if they are, by their term implemented and maintained over time, if any of such conditions fail t( implemented and maintained according to their terms, the City shall have tl to revoke or modi@ all approvals herein granted, deny or further condition i; of all future building permits, deny, revoke or further condition all certific occupancy issued under the authority of approvals herein granted, institl prosecute litigation to compel their compliance with said conditions or seek d for their violation. No vested rights are gained by Developer or a succt interest by the City’s approval of this Resolution. The Developer shall comply with all applicable provisions of federal, state, a: ordinances in effect at the time of building permit issuance. The Developer shall provide the City with a reproducible 24” x 36”, mylar cog Site Plan as approved by the Planning Commission. The Site Plan shall rei conditions of approval by the City. The Plan copy shall be submitted to 1 Engineer and approved prior to building, grading, final map, or improvemc submittal, whichever occurs first. PC RES0 NO. 3815 -8- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. .... The Developer shall include, as part of the plans submitted for any perm check, a reduced, legible version of the approving resolution/resolutions on 36" blueline drawing. Said blueline drawing(s) shall also include a copy applicable Coastal Development Permit and signed approved site plan. Building permits will not be issued for development of the subject property the District Engineer determines that sewer facilities are available at the 1 application for such sewer permits and will continue to be available until 1 occupancy. The Developer shall pay the public facilities fee adopted by the City Council 28, 1987 (amended July 2, 1991) and as amended from time to time, a development fees established by the City Council pursuant to Chapter 21.9C Carlsbad Municipal Code or other ordinance adopted to implement a management system or Facilities and Improvement Plan and to fulfill the subd agreement to pay the public facilities fee dated December 7, 1994, a copy 0: is on file with the City Clerk and is incorporated by this reference. If the d not paid this application will not be consistent with the General Plan and a] for this project will be void. Approval of SDP 95-01 is granted subject approval of the Mitigated Negative Declaration, GPA 95-01, ZC 95-01, LCPA LFMP 87-05(B), and HDP 95-01. This project shall comply with all conditions and mitigation measures wh required as part of the approved Mitigated Negative Declaration, Gener; Amendment, Zone Change, Local Coastal Program Amendment, Local R Management Plan Amendment, and Hillside Development Permit, as conta Planning Commission Resolution No(s) 3810, 3811, 3812, 3813, 3814, 3916. Prior to the issuance of the building permit Developer shall submit to the Notice of Restriction to be filed in the office of the County Recorder, subjec satisfaction of the Planning Director, notifying all interested parties and SUC in interest that the City of Carlsbad has issued a Mitigated Negative Declaratic 95-01/ZC 95-01LCPA 95-02LFMP 87-05(B)/SDP 95-01BDP 95-01 by Res No(s) 3810, 3811,3812, 3813,3814,3815,3916 on the real property owned developer. Said Notice of Restriction shall note the property description, 1 of the file containing complete project details and all conditions of approval as any conditions or restrictions specified for inclusion in the Notice of Res1 The Planning Director has the authority to execute and record an amendmen notice which modifies or terminates said notice upon a showing of good causc developer or successor in interest, Trash receptacle areas shall be enclosed by a six-foot high masonq wall wil pursuant to City standards. Location of said receptacles shall be approved Planning Director. Enclosure shall be of similar colors and/or materials project to the satisfaction of the Planning Director. I 1 PC RES0 NO. 3815 -9- 0 e 1 15. All visitor parking spaces shall be striped a different color than the assigned r( 2 parking spaces and shall be clearly marked as may be approved by the PI 3 Director. 4 5 16. €j 17. 7 8 9 10 11 12 18. 13 19. 14 15 16 17 18 19 20. 20 21 22 23 24 22. 25 23. 26 27 28 21. An exterior lighting plan including parking areas shall be submitted for PI Director approval. All lighting shall be designed to reflect downward and avc impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire In such instance a storage plan will be submitted for approval by the Fire Ch the Planning Director. The Developer shall prepare a detailed landscape and irrigation plan in confol with the approved Preliminary Landscape Plan and the City's Landscape h The plans shall be submitted to and approval obtained from the Planning C prior to the approval of the final map, grading permit, or building permit, wh occurs first. The Developer shall construct and install all landscaping as sh( the approved plans, and maintain all landscaping in a healthy and thriving COI free from weeds, trash, and debris. The Developer shall prepare and submit a master site plan of the existing onsi to the Planning Director as part of the final grading plan to determine whic shall be required to be preserved prior to the issuance of a grading pern building permit, whichever occurs first. Existing onsite trees shall be r wherever possible and shall be trimmed as needed. Dead, decaying or pot dangerous trees shall be approved for removal at the discretion of the P Director during the review of the master site plan. Those trees which are a1 for removal shall be replaced on a tree-for-tree basis, and all mature trees I replaced with minimum 36" box specimens. The first submittal of detailed landscape and irrigation plans shall be accon by the project's building, improvement, and grading plans. Building identification and/or addresses shall be placed on all new and buildings so as to be plainly visible from the street or access road; c identification and/or addresses shall contrast to their background color. Prior to occupancy of any units, the developer shall construct a directory sig entrance to the Project. The design of this sign shall be approved by the P Director. The Developer shall provide bus stops to service this development at locati' with reasonable facilities to the satisfaction of the North County Transit Dist the Planning Director. Said facilities, if required, shall at a minimum in bench, free from advertising, and a pole for the bus stop sign. The bench a shall be designed to enhance or be consistent with the basic architectural tl the Project. 11 PC RES0 NO. 3815 -10- 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 24. 25. 26. 27. 28. 29. 30. 31. .... PC 0 0 Prior to issuance of a grading permit, the Developer shall receive approv Coastal Development Permit issued by the California Coastal Commissic substantially conforms to this approval. A signed copy of the Coastal Develc Permit must be submitted to the Planning Director. If the approval is subst; different, an amendment to SDP 95-01/HDP 95-01 shall be required. Prior to issuance of a grading permit, the Developer shall be required: consult with the United States Fish and Wildlife Service (USFWS) regard impact of the project on the Coastal California Gnatcatcher; and, 2) obti permits required by the USWFS. Prior to the issuance of building permits, the Developer shall prepare and r( Notice that this property may be subject to noise impacts from the propc existing Alga Road Transportation Corridor in a form meeting the approval Planning Director and City Attorney (see Noise Form #1 on file in the P Department). Prior to the issuance of building permits, the Developer shall prepare and r( Notice that this property is subject to overflight, sight, and sound of aircraft OF from Palomar Airport in a form meeting the approval of the Planning Direc the City Attorney (see Noise, Form #2 on file in the Planning Department: Prior to the issuance of building permits for any lots or units, the Develop1 enter into an Affordable Housing Agreement with the City to provide an restrict 138 dwelling units as affordable to lower-income households for thc life of the dwelling units, in accordance with the requirements and process SI in Chapter 21.85 of the Carlsbad Municipal Code. The recorded Affordable € Agreement shall be binding on all future owners and successors in interest. Prior to approval of the final map, the Developer shall provide an irrevocab of dedication to the City of Carlsbad for a trail easement for Trail Segme~ shown on the Site Development Plan. If the City of Carlsbad accepts dedicr the trail easement the City shall assume responsibility for maintenance and 1 If the City of Carlsbad does not accept liability and maintenance responsib the Citywide Trail System, prior to recordation of the final map, the Develo not be required to construct the trail(s). Prior to the issuance of grading permits, the Developer shall be required to to the Planning Director a letter of permission from San Diego Gas and (SDG&E) which allows project encroachment and development within the 1: SDG&E easement, which extends along the eastern 'boundary of the proper Any retaining wall/walls which idare equal to or greater than 6 feet in heig be required to be decoratively treated subject to the approval of the P Director. A plan showing the proposed decorative treatment shall be requip submitted and approved prior to the issuance of grading permits. RES0 NO. 3815 -11- !I 0 0 1 2 3 Engineering Conditions: 32. The applicant shall pay the current local drainage area fee or shall construct dl systems in conformance with Master Drainage Plan and City of Carlsbad Sta 4 as required by the City Engineer. 5 6 33. The owner of the subject property shall execute an agreement holding tl harmless regarding drainage across the adjacent property. 7 8 9 10 11 12 13 34. The owner shall enter into lien contract for the future public improven Cobblestone Road along the project frontage for a half street width of 38' (1 way to roadway centerline) plus 12' (additional roadway paving), the future wall and a standard intersection at a minimum 30' curb to curb width southeast corner of the site (site secondary access intersecting Cobblestone and the west half of Alga Road along the project frontage from the na property line to the Sudan Interior Mission (SIM) driveway and full Algi along the project frontage from the SIM driveway to the southerly propel including but not be limited to: paving, base, sidewalks, curbs and gutter, medians, relocation of utilities, sewer, water, fire hydrants, street lights, rec water and storm drains. l4 I1 35. If the disturbed area is five acres or more the developer shall submit prooj Notice of Intention has been submitted to the State Water Resources Control 15 16 17 18 19 36. Upon completion of grading, the developer shall ensure that an "as-graded" g plan is submitted to the City Engineer. The plan shall clearly show all the 1 as exposed by the grading operation, all geologic corrective measures as i constructed and must be based on a contour map which represents both the 1 post site grading. This plan shall be signed by both the soils engineer 2 engineering geologist. The plan shall be prepared on a 24" x 36" mylar or drafting film and shall become a permanent record. 20 37. The developer shall construct an urban pollutant basin of a type and a size 21 the location as indicated on the site plan and as approved by the City Enginec developer shall enter into a basin maintenance agreement and submit a main1 22 bond satisfactory to the City Engineer. 23 24 25 26 27 28 38. The owner shall make an offer of dedication to the City for all public stre easements required by these conditions or shown on the site plan. The off be made prior to issuance of any building permit. All land so offered z granted to the City free and clear of all liens and encumbrances and withoui the City. Streets that are already public are not required to be rededicatec 39. Street "A" shall be dedicated by the owner along the project frontage bas1 right-of-way width of 48' (one-half street improvements plus 12') in conformal City of Carlsbad Standards. .... PC RES0 NO. 3815 -12- m 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 28 40. Prior to issuance of any building permits for this project, the developer shall 1 street light energizing fee for the first eighteen months of street light st; operation. The developer should also be aware that they will be assessed continued operation of the City street light standards for this project. assessment charges will be contained in the properties tax bill. 41. The developer shall comply with the City’s requirements of the National PC Discharge Elimination System (NPDES) permit. The developer shall provii management practices to reduce surface pollutants to an acceptable level 1 discharge to sensitive areas. Plans for such improvements shall be approved City Engineer. The plans shall include, but not be limited to the following: a. Project management shall coordinate the use of the City% esta program to assist residents with the removal and proper disposal of to hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, mo antifreeze, solvents, paints, paint thinners, wood preservatives, and 0th fluids shall not be discharged into any street, public or private, or intc drain or storm water conveyance systems. Use and disposal of pes fungicides, herbicides, insecticides, fertilizers and other such cl treatments shall meet Federal, State, County, and City requiremc prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce pollutants when planning any changes to the landscaping and improvements. 42. Plans, specifications, and supporting documents for all public improvements : prepared to the satisfaction of the City Engineer. In accordance with City Sta the developer shall install, or agree to install and secure with appropriate sec provided by law, all improvements shown on the site plan as follows: a. Alga Road - From Palomar Airport Road (PAR) to the existing Sudan Interior mission (SIM) driveway, including: 0 Asphalt Pavement (two (2) travel lanes with 32’ of pavement.) 0 Concrete Curb and Gutter. 0 Concrete Median Curb. * Concrete Sidewalk on one (1) side. 0 Street Light Standards on one (1) side. Full 102’ width roadway grading. 0 Full intersection transition at Palomar Airport Road to provide E through lane in each direction and one (1) left turn lane aligned College Boulevard to the north. b. Alga Road - From the existing Sudan Interior Mission (SIM) driveway to future Cobblestone Road, including: PC RES0 NO. 3815 -13- li 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a 0 Full 102' width roadway grading. C. Street "A" - From Alga Road to existing Laurel Tree Lane, including: 0 Asphalt Pavement (two (2) travel lanes with 38' of pavement; one- 0 Concrete Curb and Gutter. Concrete Sidewalk on one (1) side. 0 Street Light Standards on one (1) side. 0 38' (one-half street plus 12') width roadway grading. d. Laurel Tree Lane - From Street "A" to PAR, including: street plus 12,.) 0 Asphalt Pavement (two (2) travel lanes with 28' of pavement.) Asphalt Berms on both sides. e. On-site northeasterly driveway (interim secondary access), including: Secondary Access Gate. f. On-site southeasterly driveway (ultimate secondary access), includinl 0 On-site provision shall be made to facilitate the ultimate secondaq to future Cobblestone Road. g. The 60" Storm Drain from Cobblestone Road shall be redesigned satisfaction of the City Engineer. A list of the above improvements shall be placed on an additional sheet on plan. Improvements listed above shall be constructed within 18 months of a of the secured improvement agreement or such other time as provided agreement. Special EngineerinP Conditions: 43. The developer shall contact the Carlsbad Municipal Water District (C District Engineer to determine the extent of the off-site ultimate sewer an facilities that will have to be installed in conjunction with this project. specifications and supporting documents for these improvements shall be p to the satisfaction of the City Engineer and the CMWD District Engin accordance with City Standards, the developer shall install or agree to ins secure with appropriate security as provided by law these sewer an1 improvements. 44. The final project soils report shall address surcharging and partial to total of all alluvial soils encountered on the site, and, any impacts to site deve PC RES0 NO. 3815 -14- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 li with regards to on-site faults. 45. An adjustment plat must be processed and recorded, relocating the easterly pr line farther to the east to allow for site development as indicated on th Development Plan (SDP 95-01). If this adjustment plat cannot be processc recorded then the project must be redesigned to be able to be constructed wit1 existing site boundary and SDP 95-01 must be amended. 46. The site plan and final project design and grading plans shall indicate a 3' mil brow ditch at the top of the retaining wall, reference Preliminary Gradin; section E-2 (wall detail.) 47. The developer shall comply with any requests from the North County Transit I (NCTD) in providing for bus service to the project and bus stop locations ! project and supply documentation that they have complied with any such rei 48. Documentation shall be provided from San Diego Gas and Electric (SDG&E) that use of a portion of the existing 150' SDG&E easement shall be permit permission to utilize a portion of this easement cannot be obtained then the must be redesigned to be able to be constructed within the existing site bo and SDP 95-01 must be amended. 49. The site plan and final project design and grading plans shall indicate the median on the Cobblestone Road cross-section, in accordance with the Cobb improvement drawings. 50. The site plan and final project design and grading plans shall be revised to nc sewer lines tying into storm drain lines (reference: Preliminary Sewer and DI Layout Plan, sheet 4 of 5.) 51. The site plan and final project design and grading plans shall be revised to i "Ukegawa Parking Shed" as VJkegawa Packing Shed" (reference: Preliminar and Drainage Layout Plan, sheet 4 of 5.) 52. A new easement shall be granted for sewer, water, gas, power and telephon Sudan Interior Mission and indicated on easement table item number 9 (re Site Development PlanPreliminary Grading Plan sheet 2 of 5.) 53. A new easement shall be granted for public utility and incidental purpose Sudan Interior Mission and indicated on easement table item number 17 (re Site Development PlanPreliminary Grading Plan sheet 2 of 5.) 54. The existing easement shall be "quit claimed" and a new easement grante' Carlsbad Municipal Water District as indicated on easement table item nu: (reference: Site Development PlanPreliminary Grading Plan sheet 2 of 5.) 55. Indicate the location of easement table item numbers 25 & 28 on the final design and grading plans. i .... PC RES0 NO. 3815 -15- !I a 0 1 2 3 4 56. The developer shall bond for the design and construction of a traffic signal intersection of Alga Road with Street "Att. The City will enter into an agreeme] the developer so that the developer can obtain proportionate share reimbur! for the traffic signal from benefitting property owners to the north and south intersection. Site Plan Notes: 5 57. Geotechnical Caution: 6 The developer shall place the following notes on the site plan: 7 8 9 10 11 12 13 14 15 a. Slopes steeper than two parts horizontal to one part vertical exist wit boundaries of this subdivision. b. The owner of this property on behalf of itself and all of its succes interest has agreed to hold harmless and indemnify the City of Carlsba any action that may arise through any geological failure, ground water s or land subsidence and subsequent damage that may occur on, or adjac this subdivision due to its construction, operation or maintenance. 1 58. The developer shall provide for sight distance corridors at all street intersecl accordance with Engineering Standards. No structure, fence, wall, tree, shru or other object over 30 inches above the street level may be placed or perm encroach within the area identified as a sight distance corridor in accordan City Standard Public Street-Design Criteria, Section 8.B.3. The underlying p owner shall maintain this condition. 16 59. The developer shall provide an acceptable means for maintaining the facilities located therein. Adequate provision for such maintenance shall be 17 to the approval of the City Engineer. la easements within the project and all the private storm drain facilities an( 19 20 21 22 23 24 60. All concrete retaining wallherrace drains shall be maintained by the p management. Adequate provision for such maintenance shall be subject approval of the City Engineer. Fire Conditions: 61. Prior to the issuance of building permits, the Fire Department shall evaluate 1 plans for conformance with applicable fire and life safety requirements of t: and local Fire Codes. 25 62. Additional on-site public water mains and fire hydrants are required. 26 additional public fire hydrants at intervals of 300 feet along public streets and 63. Applicant shall submit a site plan to the Fire Department for approval, which 28 should be positioned no closer than 100 feet from terminus of a street or dl 27 driveways. Hydrants should be located at street intersections when possil PC RES0 NO. 3815 -16- 0 0 1 2 3 64. 4 5 6 65. 7 8 66. 67. 9 10 'I 68. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 72. 28 69. 70. 71, location of required, proposed and existing public water mains and fire hydran plan should include off-site fire hydrants within 200 feet of the project. Applicant shall submit site plan depicting emergency access routes, drivewa traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehiclc be provided and maintained during construction. When in the opinion of tl Chief, the access road has become unserviceable due to inclement weather o reasons, he may, in the interest of public safety, require that construction ope cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shall be operational combustible building materials are located on the construction site. Prior to final inspection, all security gate systems controlling vehicular access I equipped with a "knox", key-operated emergency entry device. Applicant shall 1 the Fire Prevention Bureau for specifications and approvals prior to installa Prior to building occupancy, private roads and driveways which serve as rc access for emergency service vehicles shall be posted as fire lanes in accordan the requirements of section 17.04.020 of the Carlsbad Municipal Code. Native vegetation which presents a fire hazard to structures shall be modi removed in accordance with the specifications contained in the City of C Landscape Guidelines Manual. Applicant shall submit a Fire Suppression p1a1 Fire Department for approval. Prior to issuance of the building permit, the applicant shall obtain Fire Dep: approval of a wildland fuel management plan. The plan shall clearly indicate II proposed to mitigate and manage fire risk associated with native vegetation i within 60 feet of structures. The plan shall reflect the standards presented in suppression element of the City of Carlsbad Landscape Guidelines Manual. 1 occupancy of buildings, all wildland fuel mitigation activities must be complc the condition of all vegetation within 60 feet of structures found to conformance with an approved wildland fuel management plan. Plans and/or specifications for fire alarm systems, fire hydrants, autome sprinkler systems and other fire protection systems shall be submitted to t Department for approval prior to construction. All buildings having an ag floor area in excess of 10,000 square feet must be protected by automz sprinkler systems. Plans and specifications must be approved by the Fire Depa and a permit obtained prior to installation. Proposed multifamily residential b must be protected by fire alarm systems. Plans and specifications must be ap and a permit obtained prior to installation. The applicant shall provide a street map which conforms to the fc requirements: a 400 scale photo-reduction mylar, depicting proposed impr0.c and at least two existing intersections or streets. The map shall also clear! PC RES0 NO. 3815 -17- a 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 street centerlines, hydrant locations and street names. 73. A monument sign shall be installed at the entrance to the driveway or private indicating the addresses of the buildings on site. Water Conditions: 74. The entire potable water system, reclaimed water system and sewer system s' evaluated in detail to insure that adequate capacity, pressure and flow demar be met. 75. The Developer shall be responsible for all fees, deposits and charges which collected before and/or at the time of issuance of the building permit. T Diego County Water Authority capacity charge will be collected at issua application for meter installation. 76. Sequentially, the Developer's Engineer shall do the following: a. Meet with the City Fire Marshal and establish the fire pro requirements. Also obtain G.P.M. demand for domestic and irrig needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the P: Department for processing and approval. c. Prior to the preparation of sewer, water and reclaimed water improv plans, a meeting must be scheduled with the District Engineer for comment and approval of the preliminary system layouts and usagc GMP - EDU). 77. This project is approved upon the expressed condition that building permits 5 be issued for development of the subject property unless the water district sen development determines that adequate water service and sewer facilities are a1 at the time of application for such water service and sewer permits will con1 be available until time of occupancy. This note shall be placed on the fina: 78. The developer shall relocate existing sewer and water lines onsite and off-s shall keep Sudan Interior Mission in service. 79. The Developer shall adhere to all conditions of the City of Carlsbad Master Sewerage, Jan. 1992, which includes the installation of the 12" gravity sew€ line (VBT2). 80. The Developer shall adhere to all conditions of Carlsbad Municipal Water 1 (potable) Water Master Plan CMWD 89-105 June 1990, which includes 20" water lines in Alga Road and 16" and 12" water mains in Street "A and Lau: Lane and a 12" water main in Cobblestone Road. 1 81. The Developer shall install a 12" reclaimed water main in Alga Road and I PC RES0 NO. 3815 -18- I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and/or install a 12” reclaimed water main in Cobblestone Road. Standard Code Reminders: 82. The Developer shall submit a street name list consistent with the City’s stree policy subject to the Planning Director’s approval prior to final map approv, 83. Compact parking spaces shall be located in large groups, and in locations and marked to the satisfaction of the Planning Director. 84. All landscape and irrigation plans shall be prepared to conform with the Lan Manual and submitted per the landscape plan check procedures on file Planning Department. 85. Any signs proposed for this development shall at a minimum be desig conformance with the City’s Sign Ordinance and shall require review and a] of the Planning Director prior to installation of such signs. 86. Approval of this request shall not excuse compliance with all applicable secl the Zoning Ordinance and all other applicable City ordinances in effect at building permit issuance, except as otherwise specifically provide herein. 87. The project shall comply with the latest residential disabled access requi1 pursuant to Title 24 of the State Building Code. 88. All roof appurtenances, including air conditioners, shall be architecturally int and concealed from view and the sound buffered from adjacent propert streets, in substance as provided in Building Department Policy No. 80-6! satisfaction of the Directors of Planning and Building. 89. Based upon a review of the proposed grading and the grading quantities sh the site plan, a grading permit for this project is required. The developc submit and receive approval for grading plans in accordance with City co( standards. 90. Prior to hauling dirt or construction materials to or from the site, the develoz submit to and receive approval from the City Engineer for the proposed ha1 The developer shall comply with all conditions and requirements the City E may impose with regards to the hauling operation. 91. The developer shall exercise special care during the construction phase of this to prevent offsite siltation. Planting and erosion control shall be pro1 accordance with the Carlsbad Municipal Code and the City Engineer. 92. Additional drainage easements may be required. Drainage structures : provided or installed prior to or concurrent with any grading or building PI may be required by the City Engineer. 93. Some improvements shown on the site plan and/or required by these condit PC RES0 NO. 3815 -19- 0 0 1 2 3 4 5 6 7 8 9 10 1’1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 located offsite on property which neither the City nor the owner has sufficiel or interest to permit the improvements to be made without acquisition of tit interest. The applicant shall conform to Section 20.16.095 of the Carlsbad Mu: Code. General: 94, If any of the foregoing conditions fail to occur, or if they are, by their terms implemented and maintained over time, if any of such conditions fail to implemented and maintained according to their terms, the City shall have tk to revoke or modi@ all approvals herein granted, deny or further condition is of all future building permits, deny, revoke or further condition a11 certific occupancy issued under the authority of approvals herein granted, institu prosecute litigation to compel their compliance with said conditions or seek d; for their violation. No vested rights are gained by Developer or a succe interest by the City’s approval of this RESOLUTION NO. 3815. .... .... .... .... .... .... .... .... .... .... .... .... .... .... 1 .... I PC RES0 NO. 3815 -20- !I 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the P Commission of the City of Carlsbad, California, held on the 20th day of Septembe by the following vote, to wit: 1 2 3 4 I! AYES: Chairperson Welshons, Commissioners Savary, Noble, and Compas. 5 6 7 NOES: Commissioners Erwin and Monroy. ABSENT: None t3 II ABSTAIN: None 9 10 11 12 13 KIM WbLSHONS, Chairperson CARLSBAD PLANNING COMMISSIC ::Lm2g/@+ 16 MICHAEL . HOLZMIL~ER 1 7 Planning Ddctor 18 19 28 21 22 23 24 25 26 I1 27 28 PC RES0 NO. 3815 -21-