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HomeMy WebLinkAbout1995-12-06; Planning Commission; Resolution 38516 4 1 2 3 4 5 6 7 8 9 10 11 12 13 1 '4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3851 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MASTER TENTATIVE MAP TO ALLOW A 19 LOT NONRESIDENTIAL SUBDIVISION ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF FUTURE CANNON ROAD, EAST OF PASEO DEL NORTE, AND WEST OF LOCAL FACILITY MANAGEMENT ZONES 5 AND 8. CASE NAME CARLSBAD RANCH/LEGOLAND CASE NO: CT 94-09 WHEREAS, a verified application for certain property to wit: A portion of lots "G" and "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 19,1896; and Lots 1, 2, 7 and 8 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2) in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 13078 filed in the Office of the County Recorder of San Diego County on December 28, 1993; and Lots 9-14, inclusive of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 3), in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 13215, filed in the Office of the County Recorder of San Diego County on June 30,1995 SPECIFIC PLAN AMENDMENT has been filed by the Carltas Company with the City of Carlsbad and referred Planning Commission; and WHEREAS, said application constitutes a request for APPROVA tentative subdivision map for fifty or fewer parcels as shown on Exhibits "A" - W December 6, 1995 incorporated by this reference ("Master Tentative Map for C; Ranch CT 94-09") as provided in Section 20.12.080(2)(A) of the Carlsbad Municipa and WHEREAS, the Planning Commission did, on the 6th day of Decembe: hold a duly noticed public hearing as prescribed by law to consider said request; a WHEREAS, at said public hearing, upon hearing and considering all teI 0 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 and arguments, if any, of all persons desiring to be heard, said Commission conside factors relating to Tentative Tract Map 94-09. NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Corn1 hereby APPROVES Tentative Tract Map, CT 94-09, based on the foi findings and subject to the following conditions: Findings: 1. That the proposed map and the proposed design and improvement of the sub( as conditioned, is consistent with and satisfies all requirements of the Gener; any applicable specific plans, Title 20 and 21 of the Carlsbad Municipal Coc the State Subdivision Map Act, and will not cause serious public health probl that the design and improvements for the map are in compliance with all apE city policies and standards, in addition to all requirements of the Carlsbad Specific Plan Amendment, and necessary public facilities and services nec serve the development are or will be in place prior to occupancy of any bu proposed within the project. 2. That the proposed project is compatible with the surrounding future land us( surrounding properties are designated for nonresidential development or ope on the General Plan, in that the Carlsbad Ranch Specific Plan has been del to provide appropriate buffering between land uses through the arrangement and the inclusion of development standards to ensure land use compatibilit 3. That the site is physically suitable for the type and intensity of the developme1 the site is adequate in size and shape to accommodate development at the ir proposed, in that all public facility and service requirements have been plan the maximum buildout allowed under the Specific Plan which requires devel1 on each lot to receive approval of a Site Development Plan to ensure 1 applicable city standards are met. 4. That the design of the subdivision or the type of improvements will not confl easements of record or easements established by court judgment, or acquire( public at large, for access through or use of property within the proposed subd in that all existing easements of record within the project are consistent v proposal or shall be relocated as necessary concurrent with recordation of tl map. .... PC RES0 NO. 3851 -2- II 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 5. Portions of the property are subject to a contract entered into pursuant to th Conservation Act of 1965 (Williamson Act); however 182.49 acres of the 328.8 of contracted land are proposed for cancellation and lands to remain under cc will not be subdivided below the minimum lot size of 10 acres required by th Conservation Contract and are restricted to uses allowed pursuant to the ca 6, That the design of the subdivision provides, to the extent feasible, for future or natural heating or cooling opportunities in the subdivision, in that lot si large enough to provide separations between structures and when combined w lots to be utilized for open space uses will provide corridors for air circulati separation to minimize building shading of other sites. 7. The Planning Commission of the City of Carlsbad has reviewed, analyzc considered Final Program Environmental Impact Report 94-01, the environ impacts therein identified for this project and said comments thereon, a Mitigation Monitoring and Reporting Program, on file in the Planning Depa: prior to approving the project. 8. That the design of the subdivision and improvements are not likely ta substantial environmental damage nor substantially and avoidably injure wildlife or their habitat, in that the project will impact 1.1 acres of disturbed coastal sage scrub which will be mitigated by creation or restoration of f habitat areas to be preserved on or offsite. ~ 9. That the discharge of waste from the subdivision will not result in viola existing California Regional Water Quality Control Board requirements, in t storm water management system for the project relies on a variety of facilitii specifically located within the system to provide incremental removal of pol and the project is required to comply with the requirements of the N Pollutant Discharge Elimination System (NPDES) Permit. 19 10. The project is consistent with the City-Wide Facilities and Improvements PI 20 applicable local facilities management plan, and all City public facility polic ordinances since: 21 22 23 24 25 26 27 28 a. The project has been conditioned to ensure that the final map will approved unless the City Council finds that sewer service is available 1 the project. In addition, the project is conditioned such that a note I placed on the final map that building permits may not be issued project unless the District Engineer determines that sewer service is av and building cannot occur within the project unless sewer service 1 available, and the District Engineer is satisfied that the requirement: Public Facilities Element of the General Plan have been met insofar apply to sewer service for this project. b. Statutory School fees will be paid to ensure the availability of school f in the Carlsbad Unified School District. I 1 I1 PC RES0 NO. 3851 -3- e 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 c. Park fees are required as a condition of approval by the Zone 13 LF1 d. All necessary public improvements have been provided or are requ conditions of approval. e. The developer has agreed and is required by the inclusion of an appr condition to pay a public facilities fee. Performance of that contr; payment of the fee will enable this body to find that public facilities available concurrent with need as required by the General Plan. 11. 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 createc project. 12. This project has been conditioned to comply with any requirement approved of the Local Facilities Management Plan for Zone 13. 13. The project is consistent with the Comprehensive Land Use Plan (CLUP) McClellan-Palomar Airport, dated April, 1994 in that as conditioned the ay: shall record a notice concerning aircraft noise in addition to recording an av easement. The project is compatible with the projected noise levels of the and, based on the noisefland use compatibility matrix of the CLUP, the pr land use is compatible with the airport, in that development with a commercial, office, entertainment, and recreation uses is compatible wi Airport's 60 and 65 dB CNEL noise contours and the Comprehensive La Plan. The most sensitive land uses of the project, a community hotel and a the resort hotel site are required to be subjected to an acoustical study to del that interior noise levels do not exceed CNEL 45. Planning Conditions: 1. The Planning Commission does hereby approve the Master Tentative Map Carlsbad RancNLEGOLAND Specific Plan Amendment Project entitled '' Tentative Map for Carlsbad Ranch, C.T. 94-09". (Exhibit "A" - "W" on file Planning Department and incorporated by this reference, dated December 6 subject to the conditions herein set forth. Staff is authorized and directed ti or require the Developer to make all corrections and modifications to the Tentative Map Documents, as necessary to make them internally consist( conform to Planning Commission's final action on the Project. Developme occur substantially as shown on the approved exhibits. Any proposed devell substantially different from this approval, shall require an amendment approval. .... I ~ PC RES0 NO. 3851 -4- 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 07 2. 3. 4. 5. 6. 7. 8. 9. This Project shall comply with all conditions and mitigation measures wh required as part of the Zone 13 Local Facilities Management Plan a1 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 project are challenged this approval shall be suspended as provi Government Code Section 66020. If any such condition is determined to be this approval shall be invalid unless the City Council determines that the without the condition complies with all requirements of law. Approval of CT 94-09 is granted subject to the approval of EIR 94-01, GPA HDP 94-07. CT 94-09 is subject to all conditions contained in Planning Coml Resolution No. 3844 for the Program EIR. The Developer shall establish a maintenance association and corresp covenants, conditions and restrictions. Said CC&Rs shall be submitted approved by the Planning Director prior to final map approval. Prior to the approval of the final map the Developer shall submit to the Notice of Restriction to be filed in the office of the County Recorder, subjed satisfaction of the Planning Director, notifying all interested parties and sua in interest that the City of Carlsbad has issued a(n) tentative map by Resoluti 3851 on the real property owned by the developer. Said Notice of Restrictia note the property description, location of the file containing complete project and all conditions of approval as well as any conditions or restrictions specif inclusion in the Notice of Restriction. The Planning Director has the authc execute and record an amendment to the notice which modifies or terminat notice upon a showing of good cause by the developer or successor in interc 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 confo~ with the Carlsbad Ranch Specific Plan Amendment and the City's Lan Manual. The plans shall be submitted to and approval obtained from the PI Director prior to the approval of the final map, grading permit, or building 1 whichever occurs first. The Developer shall construct and install all landsc? shown on the approved plans, and maintain all landscaping in a healthy and t condition, free from weeds, trash, and debris. The Developer shall comply with all applicable provisions of federal, state, an ordinances in effect at the time of building permit issuance. LCPA 90-0S(B), ZC 9442, SP 207(A), LF" 87-13(B), AP 76-01@), PUD 94-1 &I I1 28 .... PC RES0 NO. 3851 -5- II 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 10. The Developer shall provide bus stops to service this development at locatic with reasonable facilities to the satisfaction of the North County Transit 1 and/or the Planning Director. Said facilities, if required, shall at a minimum 1 a bench, free from advertising, and a pole for the bus stop sign. The bench a1 shall be designed to enhance or be consistent with the basic architectural th the Project. 11. Prior to approval of the grading permit or final map whichever occurs fi1 Developer shall receive approval of a Coastal Development Permit issued California Coastal Commission that substantially conforms to this approval. A copy of the Coastal Development Permit must be submitted to the Planning D If the approval is substantially different, an amendment to the Master Tentati shall be required. 12. The Developer shall implement, or cause the implementation of, the p1 Environmental Impact Report 94-01 Project Mitigation Monitoring and Re Program. 13. The Developer shall provide the City with a reproducible 24" x 36", mylar cop! Tentative Map as approved by the Planning Commission. The Tentative Ma reflect the conditions of approval by the City. The Map copy shall be submi the City Engineer and approved prior to building, grading, final m improvement plan submittal, whichever occurs first. 14. Prior to final map recordation, the Developer shall record an Avigation Ea; on the lots that will develop with land uses deemed conditionally com pursuant to the comprehensive Land Use Plan for McClellan-Palomar Aiq the County of San Diego and file a copy of the recorded document with the PI Director. 15. 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. 16. The Developer shall dedicate on the final map, an open space easement to t of Carlsbad for lots 1 and 16 to prohibit any encroachment or developmenl than that approved as part of the grading plan, improvement plans, bi< revegetation program, landscape plan, or as permitted by the Carlsbad Specific Plan. 17. Removal of native vegetation and development of Open Space Lot 16, oth( that approved as part of the grading plan, improvement plans, biological reveg program, landscape plan, or Carlsbad Ranch Specific Plan is specifically pro1 except upon written order of the Carlsbad Fire Department for fire prey purposes, or upon written approval of the Planning Director, and California ( Commission, based upon a request from the Maintenance Association accofl: by a report from a qualified arborist/botanist indicating the need to remove SI PC RES0 NO. 3851 -6- 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 trees and/or plants because of disease or impending danger to adjacent stn For areas containing native vegetation the report required to accompany the shall be prepared by a qualified biologist. 18. The final map shall not be approved unless the City Council finds as of the such approval that sewer senice is available to serve the subdivision. 19. Building permits will not be issued for development of the subject propeq the District Engineer determines that sewer facilities are available at the application for such sewer permits and will continue to be available until occupancy. A note to this effect shall be placed on the final map. 20. 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 21.9( 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 July 5, 1994, a copy of whic file with the City Clerk and is incorporated by this reference. If the fees are a this application will not be consistent with the General Plan and approval project will be void. 21. All landscaping in the public right-of-way except for Palomar Airport Ro Cannon Road Medians shall be privately maintained and prior to approval final map, adequate provisions for such maintenance shall be reviewed and ag by the Planning Director and City Engineer. 22. Improvements identified in the Carlsbad Ranch Specific Plan (SP 207(A)) 1 the grade separated crossings, pedestrian promenade and wall buffer, flow trail connecting Planning Areas 2 and 3 to Planning Area 6, perimeter separating the developable area from the agricultural area, and other improv shall be constructed with the respective phase of development they are located or as otherwise determined by the Planning Director and/or City Engineer tc the goals, objectives or intent of the Carlsbad Ranch Specific Plan. 23. The applicant is aware that the City is preparing a non-residential housing iml (linkage fee) consistent with Program 4.1 of the Housing Element. The appl further aware that the City may determine that certain non-residential projei have to pay a linkage fee, in order to be found consistent with the Housing E of the General Plan. If a linkage fee is established by City Council ordinance resolution and this project becomes subject to a linkage fee pursuant ordinance and/or resolution, then the applicant for this project, or his/h successor(s) in interest shall pay the linkage fee. The linkage fee shall be paic time of issuance of building permits, except for projects involving a request fo~ residential planned unit development for an existing development, in which c; fee shall be paid on approval of the final map, parcel map or certifi, compliance, required to process the non-residential PUD, whichever perta I) PC RES0 NO. 3851 -7- 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 linkage fees are required for this project, and they are not paid, this project 7 be consistent with the General Plan and approval for this project will becol and void. Engineering Conditions: NOTE Unless specifically stated in the condition, all of the following engi conditions upon the approval of this proposed major subdivision must prior to approval of the first final map: 24. This project is approved for up to three (3) units as shown on the tentative I the purposes of recordation. 25. If the developer chooses to construct out of phase, a new phasing plan a reviewed and approved by the City Engineer and Planning Director. 26. The developer shall provide an acceptable means for .maintaining the easements within the subdivision and all the private: streets, sidewalks, stree storm drain facilities and sewer facilities located therein and to distribute tl of such maintenance in an equitable manner among the owners of the prc within the subdivision. Adequate provision for such maintenance shall be i~ with the CC&Rs subject to the approval of the City Engineer. 27. All concrete terrace drains shall be maintained by the Carlsbad Ranch Main1 Association (if on commonly owned property) or the individual property o\ on an individually owned lot). An appropriately worded statement clearly ide the responsibility shall be placed in the CC&Rs. 28. The developer shall defend, indemnify and hold harmless the City and its officers, and employees from any claim, action or proceeding against the Cii agents, officers, or employees to attack, set aside, void or null an approval City, the Planning Commission or City Engineer which has been brought aga City within the time period provided for by Section 66499.37 of the Subdivisic Act. 29. The applicant shall pay the current local drainage area fee or shall construct d systems in conformance with Master Drainage Plan and City of Carlsbad St; as required by the City Engineer. 30. The owner of the subject property shall execute an agreement holding t harmless regarding drainage across the adjacent property. 31. Within 60 days of the approval by the Planning Commission of this tentati the developer shall reimburse the City for funds expended by the City f; improvements to Palomar Airport Road. If the reimbursement is not mad4 the time period specified and unless the time has been extended by the City b for no more than an additional 60 days because of adequately demor I /j PC RES0 NO. 3851 -8- 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 hardship, this project will not be in conformance with the General Plan I approval by the Planning Commission shall become null and void. 32. This project shall be graded in such a manner that the City’s need for fill n for Cannon Road can be met. Therefore the developer shall be allowed tc grades as shown on the tentative map in areas that have not been planned in Provided the grading and drainage are satisfactory to the City Enginee changes shall be found to be within substantial conformance with the a1 tentative map. 33. The connection of the storm drain in Hidden Valley Road to the basin t Property as shown on sheet 8 of the tentative map shall be eliminated and thl drain alignment shall be redesigned to the satisfaction of the City Engineer 34. Prior to building permit issuance for any portion of the retail lots located 01 del Norte and Car Country Drive, the existing driveway opening to Lot 1 L removed and replaced with standard curb and gutter. A new driveway openir be constructed on Paseo del Norte at a location approved by the City Engin 35. The developer shall construct desiltation/detention/urban pollutant basin(s) o and a size and at location(s) as approved by the City Engineer. The develop enter into a basin maintenance agreement and submit a maintenana satisfactory to the City Engineer prior to the approval of grading, building pe final map whichever occurs first for this project. Each publicly maintained bas be serviced by an all-weather access/maintenance road. 36. The owner shall make an offer of dedication to the City for all public stre1 easements required by these conditions or shown on the tentative map. Th shall be made by a certificate on the final map for this project. All land so shall be granted to the City free and clear of all liens and encumbrances and 7 cost to the City. Streets that are already public are not required to be redec 37. Additional right-of-way shall be dedicated, as needed, sufficient to provide ful public sidewalk behind bus turn-outs. 38. Pointe Parkway shown as a public street on the tentative map shall be priv; privately maintained. 39. The developer shall record an easement or an agreement over SDG&E prop the construction and maintenance of the two under-crossings of Cannon I; shown on sheets 3 and 4 of the tentative map, to the satisfaction of tl Engineer. 40. The owner shall record an agreement to maintain the two Cannon Road crossing structures, slopes and landscaping. .... PC RES0 NO. 3851 -9- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 41. The developer shall underground all existing overhead utilities along the subc boundary. 42. Direct access rights for all lots abutting Palomar Airport Road and Canna shall be waived on the ha1 map as shown on the tentative map. 43. Prior to approval of any grading or building permits for this project, the om give written consent to the annexation of the area shown within the boundarie site plan into the existing City of Carlsbad Street Lighting and Landscaping No. 1 on a form provided by the City. 44. 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 Wate. 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. Said plans shall include but not be limited to nt prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or WOI established disposal programs to remove and properly dispose of to: hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, mot antifreeze, solvents, paints, paint thinners, wood preservatives, and othc fluids shall not be discharged into any street, public or private, or into drain or storm water conveyance systems. Use and disposal of pes1 fungicides, herbicides, insecticides, fertilizers and other such ch treatments shall meet Federal, State, County and City requireme prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce z pollutants when planning any changes to the landscaping and 2 improvements. 21 45. The developer shall record an agreement or an easement over SDG&E proF (NPDES) basins as shown on sheet 3 of the tentative map to be constructc 23 24 maintained by the developer until such time as permanent basins are const 46. All National Pollution Discharge Elimination System (NPDES) basins sh 25 downstream to the satisfaction of the City Engineer. overflow outlet to the satisfaction of the City Engineer. 26 constructed with a high flow bypass, a low flow inlet to the basin facilities and i 22 allow the temporary desiltation and National Pollution Discharge Elimination *' 11 47. The owner shall enter into an agreement with the City to construct a traffic 28 at Cannon Road and Paseo del Norte. Said construction would be impleme PC RES0 NO. 3851 -10- II ll 0 0 1 2 3 4 5 6 7 8 9 10 11 signal warrants are met, as determined by the City Engineer, prior to the s scheduled construction by the City’s Capital Improvement Program (C.1.P) owner may apply for reimbursement from the City’s C.I.P. a. Cannon Road and Paseo del Norte. b. Cannon Road and Car Country Drive. C. Cannon Road and Avenida Encinas. 48. Plans, specifications, and supporting documents for all public improvements s prepared to the satisfaction of the City Engineer. In accordance with City Sta~ prior to the first final map the developer shall install, or agree to install and with appropriate security as provided by law, improvements shown on the te map and the following improvements: a. Cannon Road from Paseo del Norte to Pointe Parkway shall have full improvements to meet major arterial standards. 12 13 b. Leg0 Drive from Cannon Road through the roundabout shall ha1 improvements to major arterial standards as modified and shown ( tentative map and striping plans. 14 15 16 17 18 19 20 21 22 23 24 c. Armada Drive from the roundabout to Palomar Airport Road shall ha full width improvements as shown on the tentative map. d. Complete the median improvements and add sidewalks, landscaping, lights to City Standards and underground dl overhead utilities al01 project frontage of Palomar Airport Road. , e. Hidden Valley Road from Palomar Airport Road to the north terminu; have the full width improvements as shown on the tentative mal: application for reimbursement may be made. f. Roadway, striping and traffic signal modifications at the intersecti Palomar Airport Road and Armada Drive, including those improve needed to provide a free right turn lane g. YYiden the westbound approach on Palomar Airport Road at Paseo del and construct a right-turn only lane and modify traffic signals. 25 1. Cannon Road and Leg0 Drive 26 h. Fully traffic actuated signals at: 28 2. Hidden Valley Road and Palomar Airport Road 27 PC RES0 NO. 3851 -11- 0 0 1 2 3 4 5 6 7 8 9 10 i. Bond for design and construction of traffic signals at both intersecl Street "D" with Armada Drive. The above traffic signals are to be constructed when warrants are determined by the City Engineer. A list of the above improvements shall be placed on an additional map sheel final map per the provisions of Sections 66434.2 of the Subdivision Mz Improvements listed above except for items h and i shall be constructed wj months of approval of the secured improvement agreement or such other I provided in said agreement. 49. The improvement plans and landscape plans for this project shall plot Inter sight distances at the driveway entrance to Lot 14, CT 92-07 shown on the st1 plans. Where required, the plans shall identify the areas that need to be keg of signs, fencing, structures and landscaping over 30 inches in height in o meet sight distance requirements. 11 50. The design of all private streets and drainage systems shall be approved by tl Carlsbad Standards based on R-value tests. All private streets and drainage I 13 14 shall be inspected by the City. The standard improvement plan check and ins] fees shall be paid. 12 Engineer. The structural section of all private streets shall conform to ( 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51. Prior to the opening to the public of the proposed LEGOLAND Park Specialty Retail Development necessary , Cannon Road interchange improvc to meet growth management standards shall be completed to the satisfaction City Engineer. Final Map Notes: NOTE: Note(s) to the following effect(s) shall be placed on the final map a mapping data. 52. AU improvements are private and are to be privately maintained with the ex< of the following: a. Leg0 Drive from Cannon Road through the roundabout b. Armada Drive from the roundabout to Palomar Airport Road c. Palomar Airport Road d. Cannon Road e. Hidden Valley Road PC RES0 NO. 3851 -12- ll 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 f. The Storm Drain in Leg0 Drive 53. If this project is included in some future funding mechanism for improvements, Developer shall place a note on the final map identifying the p obligations. Improvement Plan Notes: 54. A note shall be placed on the improvement plans stating which facilities are and which are private. Fire Conditions: 55. Prior to the issuance of building permits, complete building plans shall be ap by the Fire Department. 56. Additional on-site public water mains and fire hydrants are required. 57. Applicant shall submit a site plan to the Fire Department for approval, which location of required, proposed and existing public water mains and fire hy The plan should include off-site fire hydrants within 200 feet of the project. 58. Applicant shall submit, a site plan depicting emergency access routes, drivew; traffic circulation for Fire Department approval. 59. An all weather, unobstructed access road suitable for emergency service vehich be provided and maintained during construction. When in the opinion of tl Chief, the access road has become unserviceable due to inclement weather 0: reasons, he may, in the interest of public safety, require that construction ope cease until the condition is corrected. 60. All required water mains, fire hydrants and appurtenances shall be operational combustible building materials are located on the construction site. 61. All security gate systems controlling vehicular access shall be equipped with a " key-operated emergency entry device. Applicant shall contact the Fire PreF Bureau for specifications and approvals prior to installation. 62. Private roads and driveways which serve as required access for emergency : vehicles shall be posted as fire lanes in accordance with the requirements of z 17.04.020 of the Carlsbad Municipal Code. 63. Native vegetation which presents a fire hazard to structures shall be modij removed in accordance with the specifications contained in the City of Ca Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan Fire Department for approval. ~ PC RES0 NO. 3851 -13- 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 64. Plans and/or specifications for fire alarm systems, fire hydrants, automa sprinkler systems and other fire protection systems shall be subinitted to tl Department for approval prior to construction. 65. An approved automatic fire sprinkler system shall be installed in buildings ha1 aggregate floor area exceeding 10,OOO square feet. 66. The applicant shall provide a street map whidh conforms to the fo: requirements: A 400 scale photo-reduction mylar, depicting proposed improvl and at least two existing intersections or streets. The map shall also clearly street centerlines, hydrant locations and street names. 67. A monument sign shall be installed at the entrance to the driveway or privatc indicating the addresses of the buildings on site. Water Conditions: 68. 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. 69. 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 issuz application for meter installation. 70. Sequentially, the Developers Engineer shall do the :€allowing: a. Meet with the City Fire Marshall and establish the fire pra requirements. Also obtain GPM demand for domestic and irrigationa from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the PI 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 comment and approval of the preliminary system layouts and usagc GMP - EDU). 71. This project is approved upon the expressed condition that building permits 1 be issued for development of the subject property unless the water district sen development determines that adequate water service and sewer facilities are ar at the time of application for such water service and sewer permits will cont be available until time of occupancy. This note shall be placed on the final .... 1 PC RES0 NO. 3851 -14- I II * 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 Potable Water System: 72. Developer shall construct/install the following facilities in the 375 Pressure Zo in order to provide adequate water service: a. A 16-inch pipeline in Hidden Valley Road from Palomar Airport E existing 1.5 mg. steel tank. I I b. A 12-inch pipeline extending in an easement along Parcel Boundaric and 18 from Hidden Valley Road to Cannon Road. I c. A 16-inch pipeline in Armada Drive from Palomar Airport Road tl I Drive. d. A 12-inch pipeline in Leg0 Drive from southerly intersection at Armad; to northerly intersection at Armada Drive. e. A 16-inch pipeline in Leg0 Drive from Armada Drive to Cannon Ro f. A minimum 8-inch pipeline in "D" Street. g. A minimum 12-inch pipeline in Cannon Road from Car Country D Pointe Parkway. h. A pressure reducing station at the southwest corner of Cannon Ro Leg0 Drive. Reclaimed Water System: 73. The Developer shall construct/install the following facilities, in order to reclaimed water: a. A 12-inch pipeline in Hidden Valley Road and easement from P, Airport Road to Cannon Road. (There is an exiting temporary 8-incl line in Hidden Valley Road from Palomar Airport Road to the Reser b. A 20-inch pipeline in Cannon Road from Car Country Drive to propo inch water line easement per Item "a". c. A 8-inch pipeline in Armada Drive from Palomar Airport Road to ( Road. (Carlsbad Ranch Unit No. 1 has been designed and approved 07 on December 23,1993). d. A 8-inch pipeline in Leg0 Drive. e. A 8-inch pipeline in Paseo Del Norte from Palomar Airport Road Country Drive. PC RES0 NO. 3851 -15- II 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 ~ I Sewer and Wastewater Facilities: 74. An internal sewer system will be required to be designed and constructedhn by the Developer consisting of an 8-inch sewer main. These lines will conned existing sewer main and interceptor located adjacent to the project boundari a condition of approval for future development, the design of this system required to be in conformance with the adopted standards and to be mah through ultimate development of the project. No lift stations are anticipate( constructed to serve the Carlsbad Ranch's internal sewer system. Wherever pr the sewer system shall be constructed within the pu0lic right-of-way. Code Reminders: NOTE The project is subject to all applicable provisions of local ordi including but not limited to the following code requirements: 75. The Developer shall submit a street name list consistent with the City's strec policy subject to the Planning Director's approval prior to final map approc 76. All landscape and irrigation plans shall be prepared to conform with the L~I Manual and submitted per the landscape plan check procedures on file Planning Department. 77. The Developer shall pay a landscape plan check and inspection fee as reqr Section 20.08.050 of the Carlsbad Municipal Code. 78. The following note shall be placed on the Final Map. "Prior to issuance of a 1 permit for any buildable lot within the subdivision, the Developer shall pa! time special development tax or elect to pay the annual special developmer accordance with the City Council Resolution No. 91-39". 79. Approval of this request shall not excuse compliance with all applicable se< the Zoning Ordinance and all other applicable City ordinances in effect at building permit issuance, except as otherwise specifically provide herein. 80. Approval of this tentative tract map shall expire twenty-four (24) months f date of Planning Commission approval unless a find map is recorded. An e: may be requested by the developer. Said extension shall be approved or denif discretion of the Planning Commission. In approving an extension, the : Commission may impose new conditions and may revise existing conditions : to Section 20.12.110(a)(2) Carlsbad Municipal Me. ' 81. Prior to hauling dirt or construction materials to or from any proposed con: site within this project, the developer shall submit to and receive approval City Engineer for the proposed haul route. The developer shall comply conditions and requirements the City Engineer may impose with regard hauling operation. 1/ PC RES0 NO. 3851 -16- 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 82. 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 developt 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 shall be obtained and grading completed in substantial conformance w approved grading plans. NOTE If the disturbed area is five acres or more, prior to the issuance of a I permit or building permit, whichever occurs first, the developer shall proof to the City Engineer that a Notice of Intention has been submj the State Water Resources Control Board. 83. Some improvements shown on the tentative map and/or required by these con are located offsite on property which neither the City nor the owner has su title or interest to permit the improvements to be made without acquisition or interest. The applicant shall conform to Section 20.16.095 of the C Municipal Code. 84. Prior to issuance of a building permit for any buildable lot within the subdivis property owner shall pay a one-time special development tax or elect to annual special development tax in accordance with City Council Resolution 39. 85. In the event that an Assessment District is formed that includes the project, required by state law, prior to the recordation of a ha1 map over any of the property, the subdivider shall submit to the City an application for segreg; assessments along with the appropriate fee. A segregation is not requirec applicant pays off the assessment on the subject property prior to the record; the final map. In the event a segregation of assessments is not record property is subdivided, the full amount of assessment will appear on the tax each new lot. 86. Pretreatment of the sanitary sewer discharge from this project may be requi addition to the requirements for a sewer connection permit the develop conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Co applicant shall apply for an industrial waste water discharge permit concur re^ the building permit for this project. 87. If any of the foregoing conditions fail to occur, or if they are, by their tern implemented and maintained over time, if any of such conditions fail t' implemented and maintained according to their terms, the City shall have 1 to revoke or modi@ all approvals herein granted, deny or further condition : of all future building permits, deny, revoke or further condition all certifi occupancy issued under the authority of approvals herein granted, instit prosecute litigation to compel their compliance with said conditions or seek t for their violation. No vested rights are gained by Developer or a succ interest by the City's approval of this Resolution. )) PC RES0 NO. 3851 -17- 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 1, e e PASSED, APPROVED, AND ADOPTED at a. regular meeting Planning Commission of the City of Carlsbad, California, held on the 6th day of Dec 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Cornpas, Nielsen, NOES: Commissioners Erwin and Monroy and Savary ABSENT: None ABSTAIN: None ATTEST: KIM ~VELSHONS, Chairperson CARLSBAD PLANNING COMM . v MICHAEL J. HOLZMLLER Planning Director ~ I pc RESo No. 3851 -18-