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HomeMy WebLinkAbout1995-11-15; Planning Commission; Resolution 38421 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 PLANNING COMMISSION RESOLUTION NO. 3842 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACI' MAP REVISION TO ALLOW A 101 UNIT, 21 LOT CLUSTERED SINGLE FAMILY DETACHED CONDOMINIUM DEVELOPMENT ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD, BETWEEN BLACK RAIL COURT AND BLUE HERON DRIVE WITHIN AVIARA PLANNING AREA 12, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: MAREA CASE NO: CT 89-39(A) WHEREAS, Chanco Development Corp. has filed a verified applicatio the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a tentativt mag revision as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Pla Commission did, on the 15th day of November, 1995, hold a duly noticed public hear consider said application on property described as: Lot 230 of Carlsbad Tract 83-35, Aviara Phase I Unit "D", in the City of Carlsbad, County of San Diego, State of California, according to Map No. 12412, filed in the Ofice of the County Recorder June 29, 1989; WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Planning Commj considered all factors relating to CT 89-39fA). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plm Cornmission 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 Commi recommends APPROVAL of Tentative Tract Map Revision, CT 89-3 based on the following findings and subject to the following conditions: I1 e m 1 Findines: 2 ll I. The Planning Commission finds that: 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 a. the project is a subsequent development as identified in Section 210833 California Environmental Quality Act; b. the project is consistent with the Aviara Master Plan (MP 177) ar previously approved tentative tract map (CT 89-39) with rega environmental impacts; c. there was an EIR certified (EIR 83-02(A)) and a Conditional Ne; Declaration approved in connection with the Aviara Master Plan (MI and the previously approved tentative tract map (CT 89-39); d. the project has no new significant environmental effect not analyz significant in the prior EIR (EIR 83-02(A)) or the prior Conditional Ne Declaration for CT 89-39; e. none of the circumstances requiring Subsequent or Supplemental EIR CEQA Guidelines Sections 15162 or 15163 exist; 2. The Planning Commission finds that all feasible mitigation measures or p alternatives identified in the EIR (EIR 83-02(A)) and the Conditional Nq Declaration for CT 89-39 which are appropriate to this Subsequent Project have incorporated into this Subsequent Project. 3. The City’s MEIR found that air quality and circulation impacts are significan adverse; therefore, the City Council adopted a statement of oven considerations. The project is consistent with the General Plan and as to effects, no additional environmental document is required. 4. The Planning Commission finds that the project, as conditioned herein for app: is in conformance with the Elements of the City’s General Plan, based 0. following: a. Land Use - That the project is consistent with the City’s General Plan the proposed density of 5.5 du/acre is within the density range of 4.0 1 du/acre specified for the site as indicated on the Land Use Element c General Plan, and is at or below the growth control point of 6.0 du/aa b. Circulation - That the project is consistent with the Circulation Eleme the Developer will complete all street improvements prior to occupancy c unit. c. Noise - That the project is consistent with the Noise Element a: Developer will post aircraft notification signs in all sales offces assot )) PC RES0 NO. 3842 -2- I1 e 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 1 with the new development. d. Housing - That the project is consistent with the Housing Element General Plan and the Inclusionary Housing Ordinance as the DeveloI entered into an Affordable Housing Agreement and is satisfying it’s fail of affordable housing through the construction of the Villa Loma pra the southwest quadrant. e. Open Space and Conservation - That the project is consistent with thc Space and Conservation Element as the proposal maintains ap, amounts of native habitat, and erosion control during remedial g reduces sedimentation of lagoon and the proposal will comply wi NPDES requirements. f. Public Safety - The project is consistent with the Public Safety Elemenl buildings will meet UBC and State seismic requirements and all nec water mains, fire hydrants and appurtenances must be installed pl occupancy of any unit and all-weather access roads will be main throughout construction. 5. The project is consistent with the City-Wide Facilities and Improvements PI; applicable local facilities management plan, and all City public facility polici ordinances since: a. The project has been conditioned to ensure that the final map will 1 approved unless the City Council finds that sewer service is available tc the project. In addition, the project is conditioned such that a note SI placed on the final map that building permits may not be issued f project unless the District Engineer determines that sewer service is ava and building cannot occur within the project unless sewer senice re available, and the District Engineer is satisfied that the requirements Public Facilities Element of the General Plan have been met insofar I apply to sewer service for this project. b. Statutory School fees will be paid to ensure the availability of school fa in the Carlsbad Unified School District, unless all or a portion of sal are waived by the Carlsbad Unified School District. c. Park-in-lieu fees are required as a condition of approval, unless prev excluded by the Parks Agreement between the City and Aviara Associates, dated June 1, 1989. d. All necessary public improvements have been provided or are requi: conditions of approval. e. The developer has agreed and is required by the inclusion of an apprc condition to pay a public facilities fee. Performance of that contra( payment of the fee will enable this body to find that public facilities T ~ PC RES0 NO. 3842 -3- II 1 a 0 available concurrent with need as required by the General Plan. 2 6. The project has been conditioned to pay any increase in public facility fee, c construction tax, or development fees, and 'has agreed to abide by any add: to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure con availability of public facilities and will mitigate any cumulative impacts created 3 project. 5 requirements established by a Local Facilities Management Plan prepared pu 4 6 7 7. This project has been conditioned to comply with any requirement approved i of the Local Facilities Management Plan for Zone 19. 8 9 10 11 12 8. That the proposed map and the proposed design and improvement of the subdi as conditioned, is consistent with and satisfies all requirements of the General any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Codc the State Subdivision Map Act, and will not cause serious public health proble that residential uses are permitted in Aviara Planning Area 12, all necessary se NPDES and erosion control measures will be utilized, the existing native hab being maintained, and necessary public facilities and services needed to ser development are or will be in place prior to occupancy of the project. 13 15 14 9. 16 18 17 20 19 21 22 23 24 10. 11. 12. That the proposed project is compatible with the surrounding future land uses surrounding properties are designated for residential and non-resid development on the General Plan, in that the Aviara Master Plan (MP 1 already organized to provide open space buffering or intervening streets betwec proposed residential development and neighboring non-residential developme That the site is physically suitable for the type and density of the development the site is adequate in size and shape to accommodate development at the d proposed, in that all proposed development for the clustered single family det project tits on the site without the need of expanding the graded area. That the design of the subdivision or the type of improvements will not conflic easements of record or easements established by court judgment, or acquired 1 public at large, for access through or use of property within the proposed subdij in that all existing easements of record within the project are consistent wil proposal or shall be relocated as necessary concurrent with recordation of thc mag. That the property is not subject to a contract entered into pursuant to the Conservation Act of 1965 (Williamson Act); 25 13. That the design of the subdivision provides, to the extent feasible, for future pi 26 or natural heating or cooling opportunities in the subdivision, in that the pro building orientations and spacing allow for a variety of microclimata 27 environments. 28 I1 .... PC RES0 NO. 3842 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 14. That the Planning Commission has considered, in connection with the 1 proposed by this subdivision, the housing needs of the region, and balancec housing needs against the public service needs of the City and available fist environmental resources; 15. That the design of the subdivision and improvements are not likely tc substantial environmental damage nor substantially and avoidably injure wildlife or their habitat, in that all existing native habitat is remaining presen all previously approved encroachment deterrents will be in place PI construction. 16. That the discharge of waste from the subdivision will not result in viola existing California Regional Water Quality Control Board requirements, in 1 National Pollutant Discharge Elimination System requirements will be met tl final project design. Planning Conditions: 1. The Planning Commission does hereby recommend approval of the Tentativc Map Revision for the Clustered Single Family Residential Project entitled "1 (Exhibits "A" - "P" on file in the Planning Department and incorporated 1 reference, dated November 15,1995), subject to the conditions herein set forth is authorized and directed to make or require the Developer to make all corn and modifications to the Tentative Tract Map Revision Documents, as neces make them internally consistent and conform to City Council's final action project. Development shall occur substantially as shown on the approved e: Any proposed development substantially different from this approval, shall I an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, anc ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24" x 36", mylar copy Revised Tentative Map as approved by the final decision making body. The R Tentative Map shall reflect the conditions of approval by the City. The Ma shall be submitted to the City Engineer and approved prior to building, gradin; map, or improvement plan submittal, whichever occurs first. 4. The Developer shall provide the Planning Director with a 500' scale mylar subdivision prior to the recordation of the final map. Said map shall show : and streets within and adjacent to the Project. 5. The Developer shall include, as part of the plans submitted for any permi check, a reduced, legible version of the approving resolution/resolutions on 2 36" blueline drawing. Said blueline drawing(s) shall also include a copy c applicable Coastal Development Permit and signed approved site plan. I PC RES0 NO. 3842 -5- I I I! 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 i 1 6. 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 21.90 Carlsbad Municipal Me or other ordinance adopted to implement a 1 management system or Facilities and Improvement Plan and to fulfill the subdi agreement to pay the public facilities fee dated October 18,1994, a copy of w on file with the City Clerk and is incorporated by this reference. If the fees i paid, this application will not be consistent with the General Plan and appro this project will be void. 7. The Developer shall provide proof of payment of statutory school fees to m conditions of overcrowding as part of the building permit application, unless 1 by the Carlsbad Unified School District. The amount of these fees sh determined by the fee schedule in effect at the time of building permit applic 8. This project shall comply with all conditions and mitigation measures whi! required as part of the Zone 19 Local Facilities Management Plan an amendments made to that Plan prior to the issuance of building permits. 9. 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 1 this residential housing project are challenged this approval shall be suspenl provided in Government Code Section 66020. If any such condition is deter to be invalid this approval shall be invalid unless the City Council determines U project without the condition complies with all requirements of law. 10. Approval of CT 8939(A) is granted subject to the approval of MP 177(L), LC1 13 and PUD 89-19(A). CT 8939(A) is subject to all conditions contained in Pla Commission Resolution Nos. 3840,3841 and 3843, for MP 177(L), LCPA 95-1 PUD 89-19(A), respectively. 11. The conditions of approval for CT 8939(A) contained in this resolution sup1 all previous conditions of approval for CT 89-39, as contained in Pla Commission Resolution No. 3082 with the exception of condition numb regarding tentative tract map expiration which remains in full force and effe 12. The Developer shall establish a homeowner’s association and correspc covenants, conditions and restrictions. Said CC&Rs shall be submitted tc approved by the Planning Director prior to final map approval. 13. Prior to the issuance of building permits, Developer shall submit to the City a 1 of Restriction to be filed in the office of the County Recorder, subject 1 I satisfaction of the Planning Director, notifying all interested parties and succ in interest that the City of Carlsbad has issued a Tentative Tract Map Revisi Resolution No. 3842 on the real property owned by the developer. Said No1 Restriction shall note the property description, location of the file cont complete project details and all conditions of approval as well as any conditic PC RES0 NO. 3842 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 e restrictions specified for inclusion in the Notice of Restriction. The P1 Director has the authority to execute and record an amendment to the notice modifies or terminates said notice upon a showing of good cause by the de\ or successor in interest. 14. The Developer shall prepare a detailed landscape and irrigation plan in confor with the approved Preliminary Landscape Plan and the City's Landscape N The glans shall be submitted to and approval obtained from the Planning D prior to the approval of the final map, grading permit, or building permit, whi occurs first. The Developer shall construct and install all landscaping as shc the approved plans, and maintain all landscaping in a healthy and thriving con free from weeds, trash, and debris. 15. The first submittal of detailed landscape and irrigation glans shall be accom by the project's building, improvement, and grading plans. The retaining wal the western project boundary shall be screened with landscaping by the build maintained by the Master Homeowner's Association to the satisfaction Planning Director prior to occupancy of any units adjacent to the retaining 16. The Developer shall submit and obtain Planning Director approval of a unifol program for this development prior to occupancy of any building. 17. Building identification and/or addresses shall be placed on all new and c buildings so as to be plainly visible from the street or access road; a identification and/or addresses shall contrast to their background color. 18. The Developer shall provide bus stops to service this development at locatio with reasonable facilities to the satisfaction of the North County Transit Distr the Planning Director. Said facilities, if required, shall at a minimum inc bench, free from advertising, and a pole for the bus stop sign. The bench an shall be designed to enhance or be consistent with the basic architectural thc the project. 19. The Developer shall display a current Zoning and Land Use Map in the sale! at all times, or suitable alternative to the satisfaction of the Planning Direct 20. All sales maps that are distributed or made available to the public shall inch not be limited to trails, future and existing schools, parks, and streets. 21. This project is being approved as a condominium permit for resi homeownership purposes. If any of the units in the project are rented, the mi time increment for such rental shall be not less than 26 days. The CC&Rs project shall include this requirement. 22. Prior to approval of the final map or grading permit, whichever occurs fi1 Developer shall receive approval of a Coastal Development Permit issued copy of the Coastal Development Permit must be submitted to the Planning Dl I California Coastal Commission that substantially conforms to this approval. A PC RES0 NO. 3842 -7- I! 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 If the approval is substantially different, an amendment to Tentative Trac Revision shall be required. 23. Prior to the recordation of the first final tract map or the issuance of bl permits, whichever occurs first, the Developer shall prepare and record a Noti this property is subject to overflight, sight, and sound of aircraft operatin1 McClellan-Palomar Airport in a form meeting the approval of the Planning D and the City Attorney (see Noise, Form #2 on file in the Planning Departm 24. The Developer shall post aircraft noise notification signs in all sales and/or offices associated with the new development. The number and locations of sai shall be approved by the Planning Director (see Noise Form #3 on file Planning Department). Engineering Conditions: NOTE Unless specifically stated in the condition, all of the following engiI conditions upon the approval of this proposed major subdivision must prior to approval of the final map: 25. There shall be one final map for this subdivision. 26. Construction may be phased provided all facilities needed to serve the pha meet the Cul-de-sac Standard are provided to the satisfaction of the City Er and Planning Director. 27. The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the private: streets, sidewalks, streel storm drain facilities and sewer facilities located therein and to distribute th of such maintenance in an equitable manner among the owners of the pro within the subdivision. Adequate provision for such maintenance shall be in with the CC&% subject to the approval of the City Engineer. 28. The developer shall defend, indemnify and hold harmless the City and its officers, and employees from any claim, action or proceeding against the Cit agents, officers, or employees to attack, set aside, void or null an approval City, the Planning Commission or City Engineer which has been brought agai City within the time period provided for by Section 66499.37 of the Subdivisic act. 29. The owner of the subject property shall execute an agreement holding tl harmless regarding drainage across the adjacent property. 30. Direct access rights for all lots abutting Alga Road, Batiquitos Drive and Bla Court shall be waived on the final map. 31. Prior to approval of any grading or building permits for this project, the own give written consent to the annexation of the area shown within the boundarie PC RES0 NO. 3842 -8- 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 m 0 site plan into the existing City of Carlsbad Street Lighting and Landscaping 1 No. 1 on a form provided by the City. 32. The subject property is within the boundaries of Assessment District No. 88-1 Road). Upon the subdivision of land within the district boundaries, the own pass through assessments to subsequent owners o& if the owner has exec Special Assessment District Pass-through Authorization Agreement. Said Agrt contains provision regarding notice to potential buyers of the amount assessment and other provisions and requires the owner to have each buyer : and execute a Notice of Assessment and an Option Agreement. In the event t owner does not execute the Authorization Agreement, the assessment on the property must be paid off in full by the owner prior to final map apmoval. 33. The developer shall comply with the City's requirements of the National PC Discharge Elimination System (NPDES) permit. The developer shall provic management practices as referenced in the "California Storm Watel Management Practices Handbook" to reduce surface pollutants to an acceptab prior to discharge to sensitive areas. Plans for such improvements shall be ap by the City Engineer. Wording to the following effect shall be placed in the C for this project: a. AH owners and tenants shall coordinate efforts to establish or WOI established disposal programs to remove and properly dispose of to1 hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, mol antifreeze, solvents, paints, paint thinners, wood preservatives, and othl 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 ck treatments shall meet Federal, State, County and City requiremt prescribed in their respective containers. e. Best Management Practices shall be used to eliminate or reduce pollutants when planning any changes to the landscaping and improvements. 34. The design of all private streets and drainage systems shall be approved by t Engineer. The structural section of all private streets shall conform to Carlsbad Standards based on R-value tests. All private streets and drainage ! shall be inspected by the City. The standard improvement plan check and ins fees shall be paid. a. The first construction phase and each subsequent phase shall be COI to the public street system with fully improved private streets and m Cul-de-sac Standard. Improvements shall include but not be lim concrete curb, gutter, sidewalks, street lights and all utilities needed 1 the unit including any needed looped water main systems. PC RES0 NO. 3842 -9- ll 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 35. The driveways for Units 4 and 6 in Lot 1 shall be realigned to provide for a st passenger vehicle to make a minimum three-point turn into and out of the dri 36. The driveway for Unit 29 in Lot 9 shall be realigned to provide for a st passenger vehicle to turn into the driveway from the street in one movemen 37. The street providing access for Units 49 through 55 in Lot 12 shall be 30 fa Water District Conditions: 38. The entire potable water system, reclaimed water system and sewer system s evaluated in detail to ensure that adequate capacity, pressure and flow dema be met. 39. 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. 40. Sequentially, the Developer's Engineer shall do the following: a. Meet with the City Fire Marshal and establish any revisions to the origi~ protection requirements. Also obtain any changes in the GPM dema domestic and inigational needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the P1 Department for processing and approval. c. Prior to the preparation of sewer, water and reclaimed water impro! plans, a meeting must be scheduled with the District Engineer for r comment and approval of the preliminary system layouts and usages GPM - EDU). $1. This project is approved on the expressed condition that building permits will issued for development of the subject property, unless the water district servj development determines that adequate water service and sewer facilities are av' at the time of application for such water service and sewer service permits a continue to be available until time of occupancy. 42. The developer shall be required to install an eight (8) inch diameter looped with connections on Black Rail Court and Alga Road to provide adequate fi~ Fire Conditions: 43. Prior to the issuance of building permits, complete building plans shall be apl by the Fire Department. 44. Additional on-site public water mains and fire hydrants are required. )) PC RES0 NO. 3842 - 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 I 0 0 45. Applicant shall submit a site plan to the Fire Department for approval, which I location of required, proposed and existing public water mains and dire hy The plan should include off-site fir hydrants within 200 feet of the project. 46. Applicant shall submit a site plan depicting emergency access routes, drivew; traffic circulation for Fire Department approval. 47. 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. 48. All required water mains, fire hydrants and appurtenances shall be operational combustible building materials are located on the construction site. 49. All security gate systems controlling vehicular access shall be equipped with a key-operated emergency entry device. Applicant shall contact Fire Pre7 Bureau for specifications and approvals prior to installation. 50. Private roads and driveways which serve as required access for emergency vehicles shall be posted as fire lanes in accordance with the requirements of 17.04.020 of the Carlsbad Municipal Code. 51. 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. 52. Plans and/or specifications for fire alarm systems, fire hydrants, automa1 sprinkler systems and other fire protection systems shall be submitted to tl Department for approval prior to construction. 53. The applicant shall provide a street map which conforms to the following sc 400 scale photo-reduction mylar, depicting proposed improvements and at le existing intersections or streets. The map shall also clearly depict street centc hydrant locations and street names. 54. A monument sign shall be installed at the entrance to the driveway or privatc indicating the addresses of the buildings on site. General Conditions: 55. 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 ta implemented and maintained according to their terms, the City shall have tl to revoke or modify all approvals herein granted; deny or further condition is of all future building permits; deny, revoke or further condition all certific PC RES0 NO. 3842 -11- 1 2 3 0 e occupancy issued under the authority of approvals herein granted; institu~ prosecute litigation to compel their compliance with said conditions or seek da for their violation. No vested rights are gained by Developer or a succei interest by the City's approval of this Resolution. 4 11 Code Reminders: 5 6 NOTE: The project is subject to all applicable provisions of local ordir including but not limited to the following code requirements: 7 1. The Developer shall pay a landscape plan check and inspection fee as requj Section 20.08.050 of the Carlsbad Municipal Code. a 9 permit for any buildable lot within the subdivision, the Developer shall pay 2. The following note shall be placed on the Final Map: "Prior to issuance of a b time special development tax in accordance with the City Council Resolution 1 39." 10 11 3. Approval of this request shall not excuse compliance with all applicable sect 12 the Zoning Ordinance and all other applicable City ordinances in effect at t building permit issuance, except as otherwise specifically provide herein. 13 14 15 5. Any signs proposed for this development shall at a minimum be desig 1 6 Planning Department. conformance with the City's Sign Ordinance and shall require review and a€ 4. All landscape and irrigation plans shall be prepared to conform with the Lan Manual and submitted per the landscape plan check procedures on file 17 18 of the Planning Director prior to installation of such signs. 6. As required by state law, prior to the recordation of a final map over any of assessments along with the appropriate fee. A segregation is not require( the final map. In the event a segregation of assessments is not recordc property is subdivided, the full amount of assessment will appear on the tax 19 & new lot. 22 applicant pays off the assessment on the subject property prior to the recorda 20 subject property, the developer shall submit to the City an application for segrc 21 23 24 25 26 27 28 7. Prior to hauling dirt or construction materials to or from any proposed const site within this project, the developer shall submit to and receive approval fr City Engineer for the proposed haul route. The developer shall comply v conditions and requirements the City Engineer may impose with regards hauling operation. 8. Based upon a review of the proposed grading and the grading quantities shc the tentative map, a grading permit for this project is required. The develop submit and receive approval for grading plans in accordance with City Cod Standards. Prior to issuance of a building permit for the project, a grading 1) PC RES0 NO. 3842 -12- 1 2 3 4 5 6 7 8 9 10 11 0 e shall be obtained and grading work be completed in substantial conformance \ approve grading plans. NOTE: If the disturbed area is five acres or more, prior to the issum grading permit or building permit, whichever occurs first, the de shall submit proof that a Notice of Intention has been submittel State Water Resources Control Board. 9. No grading shall occur outside the limits of the subdivision unless a grading c easement is obtained from the owners of the affected properties. If the de1 is unable to obtain the grading or slope easement either the tentative map s amended or the plans shall be modified so grading will not occur outside the site in a manner which substantially conforms to the approved tentative 1 determined by the City Engineer and Planning Director. 10. The developer shall exercise special care during the construction phase of this to prevent offsite siltation. Planting and erosion control shall be provi accordance 12 may be required by the City Engineer. 13 11. Additional drainage easements may be required. Drainage structures s€ provided or installed prior to or concurrent with any grading or building pel l4 15 IMPROVEMENT PLAN NOTES utilities are public and which are private. 16 12. A note shall be placed on the improvement plans stating which improvemel 17 18 19 20 .... .... .... 21 11 .... 22 .... 23 .*.* 24 (1 .... 25 26 27 28 .... .... .... PC RES0 NO. 3842 - 13- . I! 0 0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting 2 1995, by the following vote, to wit: 3 Planning Commission of the City of Carlsbad, California, held on the 15th day of Novc 4 5 AYES: Chairperson Welshons, Commissioners Cornpas, Monroy, and Savary 6 7 NOES: Commissioner Erwin ABSENT: Commissioner Nielsen 8 9 10 l1 I 12 13 ABSTAIN: None KIM V~ELSHONS, Chairperson CARLSBAD PIA&ING COMMISSIOI l4 15 Am2 16 17 MICHAEL MOLZMLLER 1 8 11 Planning Director 19 20 21 22 23 24 25 26 27 28 /1 11 PC RES0 NO. 3842 -14-