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HomeMy WebLinkAbout1995-12-13; Planning Commission; Resolution 38590 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 PLANNING COMMISSION RESOLUTION NO. 3859 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN 11 LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED SOUTH OF LA COSTA AVENUE, EAST AND NORTH OF THE CITY OF ENCINITAS, AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: GREEN VALLEY MASTER PLAN CASE NO: CT 92-08 WHEREAS, Carlsbad Partners Limited has filed a verified applicz certain property to wit: A portion of Section 2, Township 13 South, Range 4 West; and a portion of Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of California. with the City of Carlsbad which has been referred to the Planning Commission; a WHEREAS, said verified application constitutes a request for APPR( a Tentative Subdivision Map for 11 parcels as shown on Exhibits "E"-"H' dated D 13, 1995 attached hereto and incorporated by this reference ("Master Tentative Green Valley CT 92-08") as provided in Section 21.12.080(2)(A) of the Carlsbad M Code; and WHEREAS, the Planning Commission did, on the 19th of January, day of February, 1994, the 13th day of December, 1995, and the 20th day of Decemb hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearings, upon hearing and considt testimony and arguments, if any, of all persons desiring to be heard, said Cor considered all factors relating to the Tentative Tract Map. i NOW, THEREFORE, BE IT HEREBY RESOLVED by the 28 ll Commission as follows: I1 e 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 A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Con APPROVES Carlsbad Tentative Tract, CT 92-08, based on the f( findings and subject to the following conditions: Findings: 1. The Planning Commission has reviewed each of the exactions imposed Developer contained in this resolution, and hereby finds, in this case, 1 exactions are imposed to mitigate impacts caused by or reasonably relatec project, and the extent and the degree of the exaction is in rough proportio: the impact caused by the project. 2, The Planning Commission finds that the project, as conditioned herein for C is in conformance with the Elements of the City's General Plan, based following: a. Land Use - The land uses designated by the Green Valley Master E consistent with those designated on the General Plan Land Use Mal b. Circulation - The project has been conditioned to improve portion Costa Avenue and El Camino Real, two circulation element roadways roadways proposed with the project are consistent with the Circ Element standards and will be constructed to full public stree standards with curb, gutter, sidewalks and underground utilities. c. Noise - The project will be impacted by noise generated primarily Camino Real. Mitigation measures have been identified in the Gree Master Plan which will reduce impacts to the future inhabitants of to below levels designated as acceptable by the General Plan. d. Housing - The project is consistent with the Housing Element of the ( Plan and the Inclusionary Housing Ordinance as the Developer h' conditioned to enter into an Affordable Housing Agreement to pro\ deed restrict 15% of the total units UP to 60 onsite dwelling units as aff to lower-income households unless the Affordable Housing Agreemen for the provision of a specified number of offsite units. e. Open Space and Conservation - The Tentative Tract Map has been c to preserve the riparian corridor which runs adjacent and parallt Camino Real and the upland bluffs along the western edge of the accordance. f. Public Safety - The proposed subdivision is required to provide sic street lights, and fire hydrants as shown on the tentative map, or as i in the conditions of approval. ~ PC RES0 NO. 3859 -2- 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 g. Parks and Recreation - The project is required to pay park-in-lieu offset the cost of park facilities in the southwest quadrant. 3. The project is consistent with the City-Wide Facilities and Improvements E applicable local facilities management plan, and all City public facility poli ordinances since: a. The project has been conditioned to ensure that building permits wil issued for the project unless the District Engineer determines th: service is available, and building cannot occur within the project unle service remains available, and the District Engineer is satisfied requirements of the Public Facilities Element of the General Plan h: met insofar as they apply to sewer service for this project. b. School financing sufficient to reduce potential impacts to below a significance for the Encinitas Union Elementary School and San 1 High School Districts will be provided pursuant to agreements wil special districts. c. Park-in-lieu fees are required as a condition of approval. d. All necessary public improvements have been provided or are req conditions of approval. e. The developer has agreed and is required by the inclusion of an app condition to pay a public facilities fee. Performance of that contl payment of the fee will enable this body to find that public facilitie: available concurrent with need as required by the General Plan. 4. 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 a( requirements established by a Local Facilities Management Plan prepared 1 to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure c( availability of public facilities and will mitigate any cumulative impacts create project. 5. This project has been conditioned to comply with any requirement approve( of the Local Facilities Management Plan for Zone 23. 6. That the Project is consistent with the City’s Landscape Manual, adopted Council. 7. That the proposed map and the proposed design and improvement of the sut as conditioned, is consistent with and satisfies all requirements of the Gene any applicable specific plans, Title 20 and 21 of the Carlsbad Municipal Cc the State Subdivision Map Act, and will not cause serious public health pro1 that the proposed project is required to provide sidewalks, street lights, hydrants, as shown on the tentative map, or included as conditions of appro ~ PC RES0 NO. 3859 -3- 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 streets required for this subdivision will be constructed to full public strec standards and will have curb, gutter and sidewalk. Improvements to El Real and La Costa Avenue will also be provided. The proposed street s: adequate to handle the project’s pedestrian and vehicular traffic and accon emergency vehicles. 8. That the proposed project is compatible with the surrounding future land u: surrounding properties are designated for commercial and residential deve on the General Plan, in that future development will be in compliance with 8 Plan developed for the area which has assessed the issues of compatibility adjacent existing and future uses; 9. That the site is physically suitable for the type and density of the developme the site is adequate in size and shape to accommodate residential developme: density proposed, in that future development will be in compliance with a Plan developed for the area which has assessed the issues of compatibility 1 adjacent existing and future uses; 10. That the design of the subdivision or the type of improvements will not conf easements of record or easements established by court judgment, or acquire public at large, for access through or use of property within the proposed sub1 in that the project has been designed and structured such that there are no ( with any established easements; 11. That the property is not subject to a contract entered into pursuant to tE Conservation Act of 1965 (Williamson Act); 12. That the design of the subdivision provides, to the extent feasible, for future or natural heating or cooling opportunities in the subdivision, in that the sub merely creates planning areas and there are ample opportunities to desigl residential projects within the boundaries of the subdivision to take adval natural heating or cooling due to the sites proximity to a coastal lagoon in s California; 13. That the Planning Commission has considered, in connection with the proposed by this subdivision, the housing needs of the region, and balancf housing needs against the public service needs of the City and available fi environmental resources; 14. That the design of the subdivision and improvements are not likely tl substantial environmental damage nor substantially and avoidably injure wildlife or their habitat, in that biological resources were identified and avc the extent that there are no significant impacts; 15. That the discharge of waste from the subdivision will not result in viol; existing California Regional Water Quality Control Board requirements, mitigation measures are required which are consistent with the Californir ~ PC RES0 NO. 3859 -4- e e 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 Water Best Management Practices Handbook. Planning Conditions: 1. The Planning Commission does hereby approve the Tentative Tract Map project entitled "Green Valley Master Plan" as shown on Exhibit "E"-"H" o the Planning Department and incorporated by this reference, dated Decemb subject to the conditions herein set forth. Staff is authorized and directed or require the Developer to make all corrections and modifications to the a1 documents, as necessary to make them internally consistent and conform Council's final action on the Project. Development shall occur substantially 2 on the approved exhibits. Any proposed development substantially differc this approval, shall require an amendment to this approval. 2. Prior to approval of a final map or the issuance/approval of a building perm: ever occurs first, the Developer shall submit evidence to the Planning Direc impacts to elementary school facilities shall be mitigated to the satisfactio Encinitas Union School District, and a copy of the mitigation agreement bets Developer and the San Dieguito High School District. If the mitigation in financing scheme such as a Mello-Roos Community Facilities District 1 inconsistent with the City's Growth Management Plan including City Counc Statement No. 38, the Developer shall disclose to future owners in the projec maximum extent possible, the existence of the tax and that the school distrj taxing agency responsible for the financing district. 3. This Project shall comply with all conditions and mitigation measures w. required as part of the Zone 23 Local Facilities Management Plan ; amendments made to that Plan prior to the issuance of building permits, ir but not limited to the following: a) Zone 23 shall annex into CFD 1. b) All residential development shall pay Park-in-Lieu fees and all deve c) Construct Improvements to La Costa Avenue and El Camino Real. 4. If any condition for construction of any public improvements or facilitie! payment of any fees in lieu thereof, imposed by this approval or imposed b this residential housing project are challenged this approval shall be suspc provided in Government Code Section 66020. If any such condition is deter] be invalid this approval shall be invalid unless the City Council determines project without the condition complies with all requirements of law. shall pay Public Facilities Fees for Park District 3. 5. Approval of CT 92-08 is granted subject to the approval of MP 92-01. 6. The Developer shall establish a homeowner's association and corre: covenants, conditions and restrictions. Said CC&Rs shall be submittec approved by the Planning Director prior to final map approval. I1 PC RES0 NO. 3859 -5 - 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 I 7. This approval shall be null and void if the project site subject to this approv annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. r shall not issue any grading, building, or other permit, until the anner completed. The City Manager is authorized to extend the 60 days, for not tc 120 days, upon a showing of good cause. 8. The Developer shall comply with all applicable provisions of federal, state, 2 ordinances in effect at the time of building permit issuance. 9. The Developer shall provide bus stops to service this development at locat, with reasonable facilities to the satisfaction of the North County Transit Disl the Planning Director. Said facilities, if required, shall at a minimum iI bench, free from advertising, and a pole for the bus stop sign. The bench : shall be designed to enhance or be consistent with the basic architectural t the Project. 10. Prior to approval of the final tract map, the Developer shall receive apprc Coastal Development Permit issued by the California Coastal Commiss substantially conforms to this approval. A signed copy of the Coastal Deve Permit must be submitted to the Planning Director. If the approval is subs different, an amendment to the tract map shall be required. 11. Prior to approval of the final map, the Developer shall be required: (1) ta with the United States Fish and Wildlife Service (USFWS) regarding the il, the project on the Coastal California Gnatcatcher; 2) obtain any permits I by the USWFS; and 3) consult with the California Department of Fish an regarding the design of the Encinitas Creek Crossings; 4) obtain any required by CDFG, and; 5) obtain any permits required by the United Stat1 Corps of Engineers. 12. The Developer shall provide the City with a reproducible 24" x 36", mylar COI Tentative Map as approved by the Planning Commission. The Tentative M reflect the conditions of approval by the City. The Tentative Map copy submitted to the City Engineer and approved prior to building, grading, fir or improvement plan submittal, whichever occurs first. 13. The Developer shall provide the Planning Director with a 500' scale my12 subdivision prior to the recordation of the final map. Said map shall shov, and streets within and adjacent to the Project. 14. The Developer shall include, as part of the plans submitted for any pen check, a reduced, legible version of the approving resolution/resolutions 01: 36" blueline drawing. Said blueline drawing(s) shall also include a cop! applicable Coastal Development Permit and signed approved site plan. I .... .... PC RES0 NO. 3859 -6- 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 15. Paleontology: a. A paleontological resource monitoring plan shall be developed by a Paleontologist prior to the initiation of grading operations. This pla: include a grading observation schedule to be maintained when gr bedrock units to further evaluate the fossil resources of the site. b. Salvage operations shall be initiated and coordinated with the devc significant concentrations of fossils are encountered. 16. Prior to the recordation of the final tract map or the issuance of building whichever occurs first, the Developer shall prepare and record a Notice property may be subject to noise impacts from the proposed or Transportation Corridor (El Camino Real and La Costa Avenue) in a form the approval of the Planning Director and City Attorney (see Noise Form # in the Planning Department). 17. The Developer shall prepare a detailed landscape and irrigation plan in confc with the approved Preliminary Landscape Plan and the City's Landscape The plans shall be submitted to and approval obtained from the Planning : prior to the approval of the final map, grading permit, or building permit, wl occurs first. The Developer shall construct and install all landscaping as SI the approved plans, and maintain all landscaping in a healthy and thriving cc free from weeds, trash, and debris. 18. The Developer shall dedicate on the final map, an open space easement f portions of lots 1,2,3, and 11 which are in slopes, wetlands, coastal sage 5 other constrained land plus all other lands set aside as part of the Ciwc Space System in their entirety to prohibit any encroachment or devel including but not limited to fences, walls, decks, storage buildings, poo stairways, and landscaping, other than that approved as part of the grading improvement plans as shown on Exhibits "E"-"H". 19. Prior to approval of the final map, the Developer shall provide an irrevocal of dedication to the City of Carlsbad for a trail easement for trail(s) show] (i.e. Tentative Map) within Open Space Lot(s) 1, 2, and 3). If the City of ( accepts dedication of the trail easement the City shall assume responsit maintenance and liability. If the City of Carlsbad does not accept liabl maintenance responsibility for the Citywide Trail System, prior to recordatic final map. The developer shall build the trail system as shown on the tentat Until such time that the City accepts liability for the trail as a public trail be maintained as a private trail for the exclusive use of the future resid4 tenants of the Green Valley Master Plan. 20. The final map shall not be approved unless the City Council finds as of thc such approval that sewer service is available to serve the subdivision. .... PC RES0 NO. 3859 -7- II 0 0 1 County Water District in writing. 2 21. Building permits will not be issued for development of the subject propep assurances of the availability of sewer facilities have been given by the 1 3 4 5 6 7 a 22. The Developer shall pay the public facilities fee adopted by the City Counci 28, 1987 (amended July 2, 1991) and as amended from time to time, development fees established by the City Council pursuant to Chapter 21.5 Carlsbad Municipal Code or other ordinance adopted to implement E management system or Facilities and Improvement Plan and to fulfill the sub agreement to pay the public facilities fee dated November 6, 1992, a copy 1 is on file with the City Clerk and is incorporated by this reference. If the not paid this application will not be consistent with the General Plan and ; for this project will be void. 9 23. This resolution No. 3859 shall supersede Planning Commission Resolution I\ 10 11 Engineering Conditions: Unless specifically stated in the condition, all of the following engineering conditic final map; Fees and Agreements: 12 the approval of this proposed major subdivision must be met prior to the approv; 13 14 15 16 17 18 24. The developer shall defend, indemnify and hold harmless the City and its officers, and employees from any claim, action or proceeding against the C. agents, officers, or employees to attack, set aside, void or null an approv; City, the Planning Commission or City Engineer which has been brought ag: City within the time period provided for by Section 66499.37 of the Subdivisj Act. 19 26. The owner of the property shall execute an agreement holding the City 1 20 25. The developer shall pay all current fees and deposits required. Grading: 22 21 regarding drainage across the adjacent property. 23 27. The owner shall execute a hold harmless agreement for geologic failure. 24 25 26 27 28 28. Additional drainage easement may be required. Drainage structures shall be I or installed prior to or concurrent with any grading or building permit as required by the City Engineer. 29. Upon completion of grading, the developer shall ensure that an "as-graded" plan is submitted to the City Engineer. The plan shall clearly show all the as exposed by the grading operation, all geologic corrective measures as constructed and must be based on a contour map which represents both the )I PC RES0 NO. 3859 -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 I post site grading. This plan shall be signed by both the soils engineer engineering geologist. The plan shall be prepared on a 24” x 36” mylar o drafting film and shall become a permanent record. 30. The developer shall construct desiltation/detention/urban pollutant basin(s) and a size and at location(s) as approved by the City Engineer. The develo enter into a basin maintenance agreement and submit a maintenan, satisfactory to the City Engineer prior to the approval of grading, building F final map whichever occurs first for this project. Each basin shall be servic all-weather access/maintenance road. The two permanent detention basin2 at the north end of the project shall be private and maintained in perpetuii property owner or property owners association. Appropriate wording r( detention basin maintenance, as approved by the City Engineer, shall be i in the covenants, conditions and restriction (CC&R’s) for the project. 31. Prior to the issuance of a grading permit or building permit, whichever occ the developer shall submit proof that a Notice of Intention has been submittc State Water Resources Control Board. Dedicationsfimprovements: 32. The owner shall make an offer of dedication to the City for all public str easements required by these conditions or shown on the tentative map. 1 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 cost to the City. Streets that are already public are not required to be rede 33. El Camino Real and La Costa Avenue shall be dedicated by the owner al project frontage based on a center line to right-of-way width of 63 feet anc respectively and in conformance with City of Carlsbad Standards. 34. Direct access rights for all lots abutting El Camino Real and La Costa Aver be waived on the final map. 35. The developer shall comply with the City’s requirements of the National E Discharge Elimination System (NPDES) permit. The developer shall pro\ management practices as referenced in the “California Storm Wat Management Practices Handbook” to reduce surface pollutants to an acceptal prior to discharge to sensitive areas. Plans for such improvements shall be a by the City Engineer prior to approval of the final map, issuance of gr; building permit, whichever occurs first. Said plans shall include, but not be to the following, which shall be included in the project’s CC&R’s: ~ a. An ongoing program to remove dirt, litter, grease, oil and other debris from the parking and common areas shall be established and enforced. ..a. I PC RES0 NO. 3859 -9- 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 b. The commercial facility’s management staff shall make use of and coordinate with the City’s established program regarding the removal and proper disposal of toxic and hazardous waste products. C. The homeowner‘s association shall make use of and coordinate with the City’s established program to assist residents with the removal and proper disposal of toxic and hazardous waste products. d. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County, and City requirements as prescribed in their respective containers. e. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 36. Plans, specifications, and supporting documents for all public improvements prepared to the satisfaction of the City Engineer. Prior to approval of the fi in accordance with City Standards, the developer shall install, or agree to in secure with appropriate security as provided by law, improvements show1 tentative map and the following improvements: a. El Camino Real shall be widened and improved to a half street wid feet from La Costa Avenue to the projects southerly property lil adequate transition, as determined in engineering design, to the exis lane configuration for southbound traffic on El Camino Real I provided. The roadway improvements shall include the following: 0 0 0 0 e 0 0 0 18 foot landscaped and hardscaped raised median. Concrete curb, gutter and sidewalk. Street light standards. Handicap ramps. Storm drain inlets. No. 3 southbound vehicular travel lane. Bicycle lane. Storm drainage requirements as necessary including any c improvements required with the construction of the improvements. To facilitate southbound right turn movements at the El Camino Rf Barcelona intersection the No. 3 southbound vehicular travel lane ant PC RES0 NO. 3859 -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 0 e lane shall be widened by 1 foot, to create a combined 20 foot wide 1; relocating the curbline westerly thereby decreasing the parkway arc foot. The length of this 1 foot transition shall be determined in engil design. The design of the median improvements along El Camino Real betv Costa Avenue and Levante Street shall conform to the approved design and access provisions for the Plaza de La Costa Real (SDP project as approved by the Planning Commission on March 14 pursuant to Planning Commission Resolution No. 1524 or any amel approved thereto. The City Engineer may allow deferral of all or part median improvements until such time as the owner of the Plaza de L; Real property contributes their pro-rated share of the median impro\; including the full cost of the required traffic signal in accordance P conditions of approval for the Plaza project. The development (Green shall enter into a secured agreement to guarantee construction deferred improvements in accordance with the provisions of Title 21 Municipal Code. b. Prior to issuance of building permit, the developer shall pay a pro-ra1 of the improvements for La Costa Avenue along the project frontag improvements shall include but not be limited to the following: One vehicular travel lane. 0 One bicycle lane. 0 Concrete curb and gutter. 0 Box culvert widening and extension (in accordance with the L 0 Street light standard (if needed, in accordance with the L, Avenue improvement plans.) Avenue improvement plans.) c. Two bridge structures shall be constructed over the riparian area (E Creek) at Calle Barcelona and Levante Street to access the site. Th structure underpass width for the creek flowline shall be detern accordance with the following criteria: 0 To facilitate a standard one foot freeboard from the soffit of tl structure to accommodate a 100-year 6-hour storm event; an 0 To adequately accommodate wildlife movement through th structure underpass, to the satisfaction of applicable envirc agencies. The maximum width of the bridge structure flowline underpass determined by whichever of the above criteria requires a wider ope] d. Street "A" shall be a public street and constructed in accordance \ Standards. PC RES0 NO. 3859 i -11- 0 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 I l e. A public trail and parkindstaging area shall be constructed and an dedication made to the City for a public easement over the 1 accordance with and as shown on the tentative map. f. Public storm drain improvements shall be constructed as reference1 tentative map and in accordance with final design requirements, 1 following exceptions: 0 At El Camino Real, directly south of proposed Lot No. 11, rem replace existing 24" CMP with a 24" RCP extending the 24" discharge to Encinitas Creek. 0 Revise the proposed storm drain which conveys water from thc bluff area at Lot No. 5. The storm drain shall tie into tl Barcelona storm drain, traverse along the toe of slope at Lot P into the storm drain that traverses across Lot No. 7 and ul. discharge into Encinitas Creek. This revision shall be reflecte conforming tentative map. g. A vehicular actuated traffic signal shall be installed at the Calle Barel Camino Real intersection to the satisfaction of the City Engineer anc Engineer. h. Traffic signal modifications shall be completed at the Levante $ Camino Real intersection thereby creating a 4-way traffic actuated 6 the satisfaction of the City Engineer and Traffic Engineer. 1. Add a northbound lane (number 3 lane) to El Camino Real north c Camino ReaUOlivenhain RoadLeucadia Boulevard intersection trans back to the existing number 2 lane in accordance with CalTrans Manual and City of Carlsbad requirements. j. The .6 acres of grading indicated at Lot No. 11 (Planning Area 5: tentative map shall be deleted. This grading revision shall be reflecte' conforming tentative map. k. A traffic signal interconnect between the proposed traffic signals along El Camino Real at La Costa Avenue, the Plaza de La Cor entrance and Levante Street. A note to this effect shall be placed on an additional map sheet on the final the provisions of Sections 66434.2 of the Subdivision Map Act. Improveme1 above shall be constructed within 18 months of approval of the secured imprc agreement or such other time as provided in said agreement. 37. Prior to issuance of a building permit for any buildable lot within the subdivi property owner shall pay a one-time special development tax in accordance I Council Resolution No. 91-39. PC RES0 NO. 3859 -12- * 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 38. The developer shall pay the local drainage area fee or shall construct c systems in conformance with Master Drainage Plan and City of Carlsbad St as required by the City Engineer. 39. Prior to approval of any grading or building permits for this project, the OWI give written consent to the annexation of the area shown within the bounc the site plan into the existing City of Carlsbad Street Lighting and Lant District No. 1 on a form provided by the City. Special Conditions: 40. The City Attorney and City Engineer may approve a reimbursement construction agreement for the following improvements: 0 Full intersection improvements for the El Camino Real/Calle Barcelona intersection, including traffic signal installation. e Construction of one-half of the landscaped and hardscaped median improvements on El Camino Real along the project frontage from the southerly property line to Levante Street. The source of funding for the reimbursement is intended to come from the d with frontage on the east side of El Camino Real where said improvemi installed. 41. Prior to issuance of building permits one of the following drainage mi measures shall be implemented: 0 Detention Basin C, which will be located in LFMP Zone 12, ! constructed to reduce the 100 year flood water surface elevations 0 Encinitas Creek. This is required to achieve a standard one foot fl from the bottom of the bridge structures crossing Encinitas Creek Barcelona and Levante Street and along the El Camino Real right 01 detention Basin C is constructed by the developer of LFMP Zo Reimbursement Agreement shall be executed between the developers ( Zone 12 and LFMP Zone 23 since the developer of LFMP Zone benefit from the construction of this detention basin. 0 If Detention Basin C is not constructed then the developer of LFMP shall provide detailed hydraulic analysis and subsequent envira review indicating the mitigation measures required to achieve tl mentioned standard one foot freeboard. The developer of LFMP shall then construct any mitigation improvements which may be re1 42. Prior to approval of the final map the developer of LFMP Zone 23 shall pre submit a deficiency plan to the City in accordance with San Diego Congestion Management Plan (CMP) criteria for the Interstate 5 corric Encinitas Boulevard to Leucadia Boulevard in cooperation with Sa PC RES0 NO. 3859 -13- 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 e e Association of Governments (SANDAG) and the California Departn Transportation (CalTrans), to the satisfaction of the City Engineer. 43. Building occupancy shall not be granted for any part of the Green Valley both commercial and residential, until such time as the following improvem completed, to the satisfaction of the City Engineer: 0 Widening of La Costa Avenue to four lanes with a raised median Camino Real to Interstate 5. Full interchange improvements at the Interstate 5/La Costa interchange. Note: The above condition of approval is based on language taken from IV,B,3-La Costa Avenue Widening of "Agreement Between the City of Carls the City of Encinitas for the Construction of Various Circulation Elemen Within the Cities of Carlsbad and Encinitas" Dated June 14,1994 in accorda City Council Resolution No. 94-193. If this "Agreement" should be amel accordance with City Council Resolution, then this condition of approval modified to reflect any new language in the "Agreementtt regarding the wider improvement of La Costa Avenue, and, the La Costa Avenue/Interstate 5 inte~ to the satisfaction of the City Engineer. 44. Slopes and areas remaining undisturbed shall be placed in a permanent Opc easement granted to the City. The offer of dedication shall be made by a ce on the final map for this project. 45. Due to the specific customized design requirements of large retail str residential units, and associated parking related to sheet graded pads, variations may be allowed subject to the approval of the City Engineer and I Director and shall not be cause for violation of tentative map SUI conformance provided that the overall earthwork quantities remain in confc with the Hillside Development Regulations. 46. The owner shall dedicate any and all required right of way and slope easen the construction of Lucadia Boulevard along the property frontage on an a1 to the satisfaction of the City of Carlsbad and City of Encinitas City Engi~ 47. Prior to building occupancy, the developer shall construct access to the sitf the City's cul-de-sac standard to the satisfaction of the City Engineer. Fire Conditions: 48. Prior to the issuance of building permits, complete building plans shall be SI to and approved by the Fire Department. 49. The applicant shall submit a site plan to the Fire department for approv; depicts location of required, proposed and existing hydrants. PC RES0 NO. 3859 -14- 0 * 1 I/ 50. The applicant shall submit a site plan to the Fire department for approval o 2 ll driveways and general traffic circulation. 3 51. An all-weather access road shall serve the project during construction. 4 5 52. Brush clearance shall be maintained according to the specifications containe plan to the Fire Department for review and approval. City of Carlsbad Landscape Manual. The applicant shall provide a brush cll 6 7 8 9 10 Code Reminders: 1. Approval of this tentative tract map shall expire twenty-four (24) months f date of City Council approval unless a final map is recorded. An extension requested by the developer. Said extension shall be approved or deniec discretion of the City Council. In approving an extension, the City Cour impose new conditions and may revise existing conditions pursuant to 20.12.110(a)(2) Carlsbad Municipal Code. 11 2. Based upon a review of the proposed grading and the grading quantities SI the final map, the developer must submit and receive approval for grading 12 the tentative map, a grading permit for this project is required. Prior to apF 13 14 accordance with city codes and standards. 3. Prior to hauling dirt or construction materials to or from any proposed cons 15 site within this project, the developer shall submit to and receive approval 1 City Engineer for the proposed haul route. The developer shall comply 16 conditions and requirements the City Engineer may impose with regard; 17 hauling operation. 18 4. The developer shall exercise special care during the construction phase of thi; to prevent offsite siltation. Planting and erosion control shall be pro' Chapter 11.06. 19 accordance with the Carlsbad Municipal Code and the City Engineer. Rc 20 21 5. Some improvements shown on the tentative map and/or required by these cc are located offsite on property which neither the City nor the owner has s or interest. The developer shall conform to Section 20.16.095 of the ' 22 title or interest to permit the improvements to be made without acquisitio: 23 Municipal Code. 24 I( Final Map Notes: 25 26 27 boundaries of this subdivision. 1. Geotechnical Caution: a. Slopes steeper than two parts horizontal to one part vertical exist v, 28 11 ll -.*. 11 PC RES0 NO. 3859 -15- it 9 * 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 b. The owner of this property on behalf of itself and all of its succe: interest has agreed to hold harmless and indemnifl the City of Carlsb; any action that may arise through any geological failure, ground water : or land subsidence and subsequent damage that may occur on, or adja this subdivision due to its construction, operation or maintenance. General: 1. 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 tc implemented and maintained according to their terms, the City shall have t: to revoke or modifl 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 succc interest by the City's approval of this Resolution. PASSED, APPROVED, AND ADOPTED at a special meeting Planning Commission of the City of Carlsbad, California, held on the 20th day of Dec 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, R Nielsen, Noble, and Savary NOES: Commissioner Erwin ABSENT: None ABSTAIN: None %d& KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSIO ATTEST: ~ Planning Director ~ PC RES0 NO. 3859 -16-