HomeMy WebLinkAbout1995-12-20; Planning Commission; Resolution 3869II) 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
~
PLANNING COMMISSION RESOLUTION NO. 3869
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A TENTATIVE
TRACT' MAP TO DEVELOP 92 SINGLE FAMILY LOTS
AND ONE MULTIPLE FAMILY LOT WITH 16
APARTMENTS UNITS ON PROPERTY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FUTURE
POINSETTIA LANE AND BLACKRAIL COURT WITHIN
THE ZONE 20 SPECIFIC PLAN BOUNDARIES.
CASE NAME OCEAN BLUFF
CASE NO: CI' 93-09
~
WHEREAS, Ocean Bluff Partnership has filed a verified applicati
certain property to wit:
Lot 3 in Section 22, Township 12 south, range 4 west, San
Bernadino base and meridian in the County of San Diego, State
of California, excepting therefrom those portions thereof lying
north of the south boundary line of Rancho Agua Hedionda, as
said south line was established May 5, 1913, by decree of the
Superior Court of the State of California, in and for San Diego
County, in that certain action (No. 16830) entitled Kelly
Investment Company, a corporation, vs. Clarence Dayton
Hillman and Bessie Olive Hillman.
with the City of Carlsbad which has been referred to the Planning Commission; ani
WHEREAS, said verified application constitutes a request for approv
Tentative Subdivision Map for more than 50 parcels as shown on Exhibits "A-N"
December 20,1995, on file in the Planning Department and incorporated by this ref
("Tentative Map for Ocean Bluff Ct 93-09") as provided in Section 20.12.080(2)(B)
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of Decc
1995, hold a duly noticed public hearing as prescribed by law to consider said reque!
WHEREAS, at said public hearing, upon hearing and considering all tesl
and arguments, if any, of all persons desiring to be heard, said Commission conside:
~ factors relating to the Tentative Tract Map.
e Q
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
, NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Coml
RECOMMENDS APPROVAL of Carlsbad Tentative Tract, CT 93-09
on the following findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that all feasible mitigation measures or '
alternatives identified in the MEIR 93-01 and Zone 20 EIR 90-03 appropriate
Subsequent Project have been incorporated into this Subsequent Project.
2. The Planning Commission finds that:
a. the project is a subsequent development as described in CEQA Guic
15168(c)(2), (e), and 15183;
b. the project is consistent with the General Plan and Zone 20 Specific :
c. there was an EIR certified (EIR 90-03) in connection with the Zc
Specific Plan
d. the project has no new significant environmental effect not analy
significant in the prior EIR;
e. none of the circumstances requiring Subsequent or Supplemental EIR
CEQA Guidelines Sections 15162 or 15163 exist;
3. The City's MEIR found that air quality and circulation impacts are significa!
adverse; therefore, the City Council adopted a statement of over
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 apl
is in conformance with the Elements of the City's General Plan, based c
following:
a. Land Use - The project is consistent with the City's General Plan sin'
proposed density of 3.6 du/acre is within the density range of 0-4 d
specified for the site as indicated on the Land Use Element of the Gt
Plan, and although the project exceeds the Growth Control Point
dwelling unitdacre, a density increase is being processed in accordanc
Policy 3.7.i of the Housing Element and pursuant to Chapter 21.53.120
PC RES0 NO. 3869 -2-
e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
91
Zoning Ordinance and required findings have been made (see PI
Commission Resolution No. 3870 for SDP 93-07).
b. Circulation - The project will be conditioned to construct two offsite I
Poinsettia Lane and a portion of Blackrail Court, which is consistel
both Objective B.l requiring an adequate circulation infrast~
concurrent with or prior to the actual demand for such facilities and
C.16 requiring that new development construct roadways needed to sa
proposed development prior to or concurrent with the circulation
created by the development.
c. Noise - The project is consistent with Policy C.5 establishing that 6
CNEL is the exterior noise level and 45 dBA CNEL is the interior noir
to which all residential units should be mitigated since the proje
provide noise walls necessary to mitigate noise to these exterior and il
levels along lots abutting Poinsettia Lane.
d. Housing - The proposed 16 unit apartment housing project located in
of this project and within the Zone 20 Specific Plan, which will be affo
to lower income households, is consistent with Policy 3.6.a of the Hc
Element in that it represents 15% of the total units in the Ocean
project. The project is consistent with Program 3.6.a of the Housing El
of the General Plan and the Inclusionary Housing Ordinance i
Developer has been conditioned to enter into an Affordable HI
Agreement to provide and deed restrict 16.24 dwelling units as afford2
lower-income households.
The provision of onsite affordable units results in a project density
dwelling units per acre which exceeds the Growth Management Control
of 3.2 dwelling units per acre and requires approval of a 11.8% d
increase. The proposed density increase is therefore consistent with
3.7.h. enabling density increases and Program 3.7.i allowing discreti
consideration of density increases through the processing of t
development plan in accordance with and implemented by Chapter 21.!
of the Zoning Ordinance.
GI I/
22
23
24
25
26
27
28
The proposed density increase of 11.4 units above the Growth Manag
Control Point for the purpose of providing 16 affordable apartment
onsite to satisfy the project’s inclusionary housing requirement is cons
with Policy 3.8 allowing excess dwelling units to be allocated with tl
priority being housing development for low and very low income house1
e. Open Space and Conservation - The project will preserve in open spac
only areas of 25%+ slopes which is consistent with Policy C.2. calli^
assurance that development on hillsides relates to the slope of the la
order to preserve the integrity of the hillsides and Policy C.5 requiriq
valleys (ravines) be designated for open space. With regard to greenwaj
trails, the project will offer for dedication a 20’ wide trail easement wii )) PC RES0 NO. 3869 -3-
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
50' wide landscaped open space easement along Poinsettia Lane corn
with Policies C3 and C.5 requiring an irrevocable offer to dedi
permanent easement for trailways where trails are proposed as part
Carlsbad Trail System and greenway linkages.
Policies C.22, C.23, C.25 and 42.30: Native habitat impacts onsite ha1
reduced and/or mitigated by the preservation of only steep slopes pos
native habitat located onsite. Although the construction of offsite Poi
Lane to the west from "A" Street to Alga Road and the construction
Street between the project's southwestern boundary and Poinsettia La
result in impacts to a single pair of gnatcatchers and approximately 4
of Diegan coastal sage habitat, the impacts due to the roadway alignmr
unavoidable and will be mitigated through the purchase of credits
Carlsbad Highlands mitigation bank at a 21 ratio. Additionally, an ov(
roadway culvert is required to be installed under the Poinsettia
extension within the SDG&E easement (open space) to maintain and el
wildlife connections to native habitat areas that would otherw
fragmented.
The Poinsettia Lane and Street "A" alignments are consistent with thl
20 biological mitigation and open space preservation regulations, a
coastal sage scrub habitat loss is consistent with the HMP as follows
1. The construction of Poinsettia Lane and Street "A" will not PI-
connectivity between Preserve Planning Areas (PPAs) since th
not located within a PPA core area, and are not a part of a Li
Planning Area If feasible, the construction of the roadway c
under Poinsettia Lane within the SDG&E easement, may fat
dispersal and movement of wildlife between core areas in PPA's
5.
2. The habitat loss will not preclude or prevent the preparation
Carlsbad HMP in that the area is not a part of a PPA core a
Linkage Planning Area,
3. Mitigation for the loss of the 4 acres of coastal sage scrub will
the form of the acquisition of habitat credits at a 21 ratio withi
2 (Carlsbad Highlands Mitigation Bank) as discussed above. ll
of habitat on the Ocean Bluff property will therefore not appre
reduce the likelihood of the survival and recovery of the gnata
4. The habitat loss is located in a disturbed and partially did
canyon area which will be isolated by Poinsettia Lane, the A
development to the south, and continued agricultural uses to tE
and west; therefore, large blocks of habitat will not be 10s
fragmentation will not occur.
....
PC RES0 NO. 3869 -4-
0 0
1
2
3
4
5
6
7
5. The habitat area being impacted is somewhat isolated by surro
agricultural uses and development, and it is located with
alignment of a major circulation element roadway providing p
access to the proposed Ocean Bluff subdivision as well as
properties in the Zone 20 Specific Plan area.
f. Public Safety - The project is consistent with Public Safety Elemenl
necessary water mains, fire hydrants and appurtenances will be in
prior to occupancy of any unit, all weather access roads will be mail
throughout construction, and wildland fire hazards are mitigated tl
required compliance with the City’s Landscape Design Manual.
8 5. The project is consistent with the City-Wide Facilities and Improvements PI;
ordinances since: 9 applicable local facilities management plan, and all City public facility polici
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
The project has been conditioned to ensure that the final map will not be ap
unless the City Council finds that sewer service is available to serve the projc
addition, the project is conditioned such that a note shall be placed on the fin
that building permits may not be issued for the project unless the District Er
determines that sewer service is available, and building cannot occur wit€
project unless sewer service remains available, and the District Engineer is si
that the requirements of the Public Facilities Element of the General Plan hav
met insofar as they apply to sewer service for this project.
6. Park-in-lieu fees are required as a condition of approval.
7. All necessary public improvements have been provided or are required as con4
of approval.
8. The developer has agreed and is required by the inclusion of an apprc
condition to pay a public facilities fee. Performance of that contract and pa
of the fee will enable this body to find that public facilities will be av;
concurrent with need as required by the General Plan.
9. The project has been conditioned to pay any increase in public facility fee, t
construction tax, or development fees, and has agreed to abide by any add
requirements established by a Local Facilities Management Plan prepared pu
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure con
availability of public facilities and will mitigate any cumulative impacts created
project.
25
26
27
of the Local Facilities Management Plan for Zone 20.
11. That the project will provide sufficient additional public facilities for the den
28 excess of the control point to ensure that the adequacy of the City’s public 1
plans will not be adversely impacted, in that the project is conditioned to prov
10. This project has been conditioned to comply with any requirement approved E
PC RES0 NO. 3869 -5-
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
public facilities necessary to serve the project including the construction of Poi
Lane.
12. That there have been sufficient developments approved in the quadrant at dc
below the control point to o&t the units in the project above the control p
that approval will not result in exceeding the quadrant limit.
13. That all necessary public facilities required by the Growth Management Ord
will be constructed or are guaranteed to be constructed concurrently with th
for them created by this project and in compliance with adopted City standa
that the project will not preclude the provision of performance standard oper
at buildout of Zone 20 and the project is conditioned to provide for all nec
public facilities prior to final map approval.
14. The project is consistent with the general provisions and provisions specific 1
C of the Zone 20 Specific Plan (SP 203) including the provision of an onsite
family affordable housing project.
15. The project is consistent with all land use policies of the Mello I1 Local C
Program.
16. 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
public at large, for access through or use of property within the proposed subdi
in that the project has been designed and structured such that there are no co
with any established easements.
17. That the property is not subject to a contract entered into pursuant to the
Conservation Act of 1965 (Williamson Act).
18. That the design of the subdivision provides, to the extent feasible, for future p
or natural heating or cooling opportunities in the subdivision, in that the 7
square foot lot sizes allow for a variety of building placement alternatives, incl
the adequate placement and separation of the homes, in combination wil
proposed variety of future floor plans and the dominant western wind patterns
radiation patterns, will allow utilization of natural heating and cooling opportu
19. That the Planning Commission has considered, in connection with the hc
proposed by this subdivision, the housing needs of the region, and balanced
housing needs against the public service needs of the City and available fisc
environmental resources;
20. That the design of the subdivision and improvements are not likely to
substantial environmental damage nor substantially and avoidably injure 6
wildlife or their habitat, in that all feasible mitigation measures or p
alternatives identified in the Zone 20 Final EIR 93-03 which are appropriate t
project have been incorporated into the project and no unmitigated signi
impacts to fish, wildlife or their respective habitats will occur.
PC RES0 NO. 3869 -6-
II
0 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
21. That the discharge of waste from the subdivision will not result in viola
existing California Regional Water Quality Control Board requirements, in t
drainage requirements of Specific Plan 203, City ordinances, and Mello I1 ha1
considered and appropriate drainage facilities have been designed and secul
addition to City Engineering Standards and compliance with the City's
Drainage Plan, National Pollution Discharge Elimination System (N
standards will be satisfied to prevent any discharge violations.
22. The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, in this case, tl
exactions are imposed to mitigate impacts caused by or reasonably related
project, and the extent and the degree of the exaction is in rough proportion;
the impact caused by the project.
23. The project is consistent with the Comprehensive Land Use Plan (CLUP) :
McClellan-Palomar Airport, dated April, 1994 in that the project as conditior
applicant shall record a notice concerning aircraft noise. The project is com:
with the projected noise levels of the CLUP; and, based on the noise/la
compatibility matrix of the CLUP, the proposed land use is compatible w
airport in that the project is located outside the 60 dBA CNEL noise c
allowing residential development to occur.
24. That the Project is consistent with the City's Landscape Manual, adopted 1
Council by incorporation by reference in Carlsbad Municipal Code Section 14.;
Planning Conditions:
1. The Planning Commission does hereby recommend approval of the Tentative
Map for the standard single family/multi-family lot subdivision entitled I'
Bluff' subject to the conditions herein set forth. S'iaff is authorized and direc
make or require the Developer to make all corrections and modifications
approved Documents, as necessary to make them internally consistent and cc
to City Council's final action on the project. Development shall occur substa
as shown on the approved exhibits. Any proposed development substa
different from this approval, shall require an amendment to this approval.
2. Approval of CT 93-09 is granted subject to the approval of LCPA 95-09, ZC
SDP 93-07, and HDP 93-09. CT 93-09 is subject to all conditions contah
Planning Commission Resolution Nos. 3867,3868,3870, and 3871 dated Dec
20, 1995.
3. The Developer shall provide the City with a reproducible 24" x 36", mylar copy
Tentative Map as approved by the Planning Commission. The Tentative Mal
reflect the conditions of approval by the City. The Map copy shall be submit
the City Engineer and approved prior to building, grading, final m2
improvement plan submittal, whichever occurs first.
PC RES0 NO. 3869 -7-
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
4. The Developer shall include, as part of the plans submitted for any perm
check, a reduced, legible version of the approving resolution/resolutions on
36" blueline drawing. Said blueline drawing(s) shall also include a copy
applicable Coastal Development Permit and signed approved site plan.
5. Building permits will not be issued for development of the subject property
the District Engineer determines that sewer facilities are available at the 1
application for such sewer permits and will continue to be available until I
occupancy. A note to this effect shall be placed on the final map.
6. The Developer shall pay the public facilities fee adopted by the City Council ( 28, 1987 (amended August 5, 1993) and as amended from time to time, a
development fees established by the City Council pursuant to Chapter 21.90
Carlsbad Municipal Code or other ordinance adopted to implement a
management system or Facilities and Improvement Plan and to fulfill the subdl
agreement to pay the public facilities fee dated August 5,1993, a copy of whic
file with the City Clerk and is incorporated by this reference. If the fees are n
this application will not be consistent with the General Plan and approval i
project will be void.
7. Prior to approval of a final map or the issuance/approval of a building permit,
ever occurs first, the Developer shall submit evidence to the Planning Direct
impacts to school facilities have been mitigated in conformance with the
Growth Management Plan to the extent permitted by applicable state law.
mitigation involves a financing scheme such as a Mello-Roos Community Fa
District which is inconsistent with the City's Growth Management Plan includil
Council Policy Statement No. 38, the Developer shall disclose to future ownen
project, to the maximum extent possible, the existence of the tax and that the
district is the taxing agency responsible for the financing district.
8. This Project shall comply with all conditions and mitigation measures whi
required as part of the Zone 20 Local Facilities Management Plan a
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
this residential housing project are challenged this approval shall be suspen
provided in Government Code Section 66020. If any such condition is dete~
to be invalid this approval shall be invalid unless the City Council determines tl
project without the condition complies with all requirements of law.
10. The Developer shall establish a homeowner's association and corresp
covenants, conditions and restrictions. Said CC&Rs shall be submitted
approved by the Planning Director prior to final map approval. The CC&R'
include conditions guaranteeing that the HOA shall maintain all natural ope1
and slope maintenance easements and offsite manufactured slopes shown
approved tentative mapfiandscape plan.
)) PC RES0 NO. 3869 -8-
0 e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11. Concurrent with the recordation of the final map, a maintenance easement
Homeowner's Association shall be recorded over the manufactured slopes of
15,16,17,18,19,20, and 21 abutting Open Space Lot "A" and the area wit
50 foot landscaped setback of Lots 78,79,80,81,82,83,84, and 86.
12. Prior to the approval of the final map and subject to approval of LCPA 95.
93-04, SDP 93-07, HDP 93-09, the Developer shall submit to the City a N<
Restriction to be filed in the office of the County Recorder, subject
satisfaction of the Planning Director, notifying all interested parties and SUC
in interest that the City of Carlsbad has issued a tentative map (CT 93-09) f
lot residential subdivision on the real property owned by the developer. Said
of Restriction shall note the property description, location. of the file con
complete project details and all conditions of approval as well as any condil
restrictions specified for inclusion in the Notice of Restriction. The P
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.
13. The Developer shall provide a minimum of 25 percent of the lots with ad
sideyard area for Recreational Vehicle storage pursuant to City Standards
CC&Rs shall prohibit the storage of recreational vehicles in the required fra
setback.
14. The Developer shall prepare a detailed landscape and irrigation plan in confor
with the approved Preliminary Landscape Plan and the City's Landscape h'
The plans 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 sh(
the approved plans, and maintain all landscaping in a healthy and thriving corn
free from weeds, trash, and debris.
15. 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.
16. 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.
17. 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.
18. Prior to approval of the final map, the Developer shall receive approval of a (
Development Permit issued by the California Coastal Commission that subs&
conforms to this approval. A signed copy of the Coastal Development Permj 11 PC RES0 NO. 3869 -9-
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
be submitted to the Planning Director. If the approval is substantially diffe~
amendment to Tentative Tract Map CT 93-09 shall be required.
19. Prior to approval of the final map, the Developer shall be required: (1) to
with the United States Fish and Wildlife Service (USFWS) regarding the im
the project on the Coastal California Gnatcatcher, and; 2) obtain any
required by the USWFS.
20. The Developer, or their successors in interest, shall improve the project Site \
Project as described in the Final EIR 90-03, except as modified by this resc
21. The Developer shall post aircraft noise notification signs in all sales and/o~
offices associated with the new development. The number and locations of sa
shall be approved by the Planning Director (see Noise Form #3 on file
Planning Department).
22. Prior to the approval of the final map for any phase of this Project, or where
is not being processed, prior to the issuance of building permits for any lots o
the Developer shall enter into an Affordable Housing Agreement with the
provide and deed restrict 16 dwelling units on Lot 93 as affordable to lower-
households for the useful life of the dwelling units and to pay to the City an :
of money equal to .24 times the average subsidy needed to make affordable a
income household, as appropriate, one newly constructed typical attached t
unit in accordance with the requirements and process set forth in Chapter 2
the Carlsbad Municipal Code. The draft Affordable Housing Agreement s
submitted to the Planning Director not later than 30 days after the submittal
final map.
Upon showing by the developer that an onsite contribution is not appropriate
project, a second inclusionary housing option available to the developer shall
prior to final map approval, the developer shall enter into an agreement w
City to purchase affordable credits from Villa Loma or participate in an
combined inclusionary project within the southwest quadrant and as appropr
accordance with the requirements set forth in Chapter 21.85 of the C;
Municipal Code, the Zone 20 Specific Plan, and City Council Policies 57
dated September 12, 1985. Prior to City Council approval, the develope
submit a signed Affordable Housing Agreement to the Housing and Redevell
Director.
The recorded Mordable Housing Agreement shall be binding on all future 1
and successors in interest.
23. Concurrent with any proposal to satisfy the project’s inclusionary h
requirement in an offsite combined inclusionary project, the developer shall 1
a tentative map revision to the Ocean Bluff project in which the total nun
onsite single family residential lots shall not exceed 96 in accordance w
density permitted by the Growth Management Growth Control Point for the
PC RES0 NO. 3869 -10-
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
~
24. Prior to City review and approval of the offsite option, the approval of a S
Plan amendment to SP 203 shall be required to designate the proposed
combined inclusionary project as an approved location for the provision of affc
units to satisfy the inclusionary requirements of Zone 20 properties,
Environmental Conditions:
25. To offset the conversion of non-prime agricultural land to urban land uses 1
requirements of the Mello I1 Local Coastal Program, prior to approval of th
map, the applicant shall provide payment of an agricultural mitigation f
amount of which shall not be less than $5,000 nor more than $10,000 I
converted acre. The amount of the fee shall be determined by the City Counci
to approval of the final map and shall be consistent with the provisi
Carlsbad's LCP.
26. Improvement plans shall be submitted to the City for review and approval SI
locations/sizing of reclaimed water and/or urban runoff diversion facilil
accordance with the Carlsbad Municipal Water District requirements and p
schedule provided in the Zone 20 LFMP.
27. The Homeowners Association shall obtain and distribute to owners and 1
annual information from Caltrans and NCTD regarding the availability of
transportation, ride sharing and transportation pooling services in the area
information shall also be provided in the sales/rental offices. A condition
this.shal1 also be placed in the CC&R's for the project.
28. Compliance with APCD Rules 51 (The "Nuisance" Rule), 52 (Particulate N
and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitiga
impacts generated during grading operations. A note shall be placed on the g
permit stipulating that the following measures shall be required to 1
compliance with these rules and reduce construction related air pollutants
a. The watering of all surfaces being graded and haul routes shall be n
during dry weather conditions.
b. All unpaved areas shall be revegetated according to the approved Ian
plans as soon as possible after grading.
C. All construction-related tratlic shall be restricted to routes that an
controlled, reduced speed limits shall be maintained for all ha1
construction vehicles.
d. All construction activities shall be limited during periods of high win
e. All heavy-duty, diesel powered construction equipment shall be 01
according to manufacturers suggested operating instruction (with t
injection timing retarded to recommended levels of NOx emissio~
which would not result in excessive visible smoke emissions) in 01
PC RES0 NO. 3869 -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
control pollutant emissions.
f. Construction equipment shall be subject to regularly sch
maintenancdtune-ups, and be turned off when not being utilized to
excessive idling emissions.
g. The application of architectural coating and cut-back asphalt shall ad1
APCD Rules 67.9 and 67.7, to effectively control other construction-1
emissions of air pollutants. i
h. The Engineering Department shall monitor for compliance during all g
operations of the project.
29. 3.98 acres of Coastal Sage Scrub (CSS) habitat will be directly impacted 1
project. One pair of California Gnatcatchers (Polioptila californica) was ot
on the property; therefore, the impacted CSS habitat is regarded as high (
Pursuant to the Interim Take provisions of the 4d Rule for the Cal
gnatcatchers, the project shall be required to mitigate this take of 3.98 acres
by acquiring for preservation comparable quality habitat at a 21 ratio. Prio~
recordation of the first final tract map, the applicant shall mitigate this iml
purchasing for preservation 7.96 acres of comparable quality CSS habitat wit;
high quality, coastal sage scrub area found in the Carlsbad Highlands mit
bank upon approval of the US Fish and Wildlife Service (USFWS), the Cal
Department of Fish and Game and the City of Carisbad.
30. Removal of native vegetation and development of Open Space Lot "A", includ
not limited to fences, walls, decks, storage buildings, pools, spas, stainva!
landscaping, is specifically prohibited, except upon written order of the C;
Fire Department for fire prevention purposes, or upon written approval
Planning Director, and (California Coastal Commission if in Coastal Zone)
upon a request from the Homeowners Association accompanied by a report
qualified arboristbotanist indicating the need to remove specified trees and/or
because of disease or impending danger to adjacent habitable dwelling unit
areas containing native vegetation the report required to accompany the
shall be prepared by a qualified biologist.
31. An oversized culvert is recommended to be installed under the Poinsetti
extension at the SDG&E easement to maintain and enhance wildlife connl
The feasibility of constructing an oversized culvert at this location shall be ev
at the time roadway improvement plans are submitted to the City Engi
Department for review. Specific mitigation measures required to be incoq
into the design of these culverts, if necessary, shall be based on future bic
studies, subject to review and approval by the Planning Director.
32. The Developer shall dedicate on the final map, an open space easement fo
plus the portion of Lots 78,79, SO, 81,82, 83,84, and 86 identified on Exh
as a 50' landscaped setback adjacent to Poinsettia Lane in their entirety to 1
any encroachment or development, including but not limited to fences, walls
PC RES0 NO. 3869 -12-
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
storage buildings, pools, spas, stairways, and landscaping, other than that ap
as part of landscape plan as shown on Exhibit "K".
33. Prior to approval of the ha1 map, the Developer shall provide an irrevocabl
of dedication to the City of Carlsbad for a trail easement the trail shown
Tentative Mag within Lot(s) 78,79,80,81,82,83,84, and 86. If, prior to hi
the City of Carlsbad accepts dedication of the trail easement and a
responsibility for maintenance and liability then the Developer shall be requ
construct the trail. If the City of Carlsbad does not accept liability and maint
responsibility for the Citywide Trail System, prior to recordation of the final It]
Developer will not be required to construct the trail(s).
34. Prior to the recordation of the first final tract map. or the issuance of b
permits, whichever occurs first, the Developer shall prepare and record a Noti
this property may be subject to noise impacts from the proposed Poinsetti
Transportation Corridor in a form meeting the approval of the Planning Direc
City Attorney (see Noise Form #1 on file in the Planning Department).
35. Prior to the recordation of the first final tract map or the issuance of b
permits, whichever occurs first, the Developer shall prepare and record a Noti
this property is subject to overflight, sight, and sound of aircraft operatin
Palomar Airport in a form meeting the approval of the Planning Director 2
City Attorney (see Noise, Form #2 on 'file in the Planning Department).
36. In accordance with the Ocean Bluff Acoustical Study prepared by James C.
Acoustician, prior to occupancy of any of the dwelling units, the develope
construct a continuous 6 foot high noise barrier wall above a minimum 1 fom
berm as shown on Exhibit "A", Section B-B. The design of the wall shall be in
on the landscape plans for the project and shall require the review and appr
the Planning Director.
37. Prior to occupancy of individual units within the subdivision, the develop!
install a solid wall or fence and landscaped windbreaks along the perimeter
future developable area that abuts property under "open field" cultivation i~
to reduce public nuisance effects of adjacent pesticide spraying and dust gen
from farm vehicles and operations.
38. Prior to approval of a final map or issuance of a building permit, whichever
first, an infrastructure improvement plan shall be submitted to the Planni
Engineering Departments for review and approval by the Planning Director a
Engineer. This plan shall illustrate the temporary road connections requ
maintain continued access to adjacent agricultural properties that could be in
by future roadway improvements.
39. Prior to approval of a final map or issuance of building permits, whichever
first, the applicant shall notify to the satisfaction of the Planning Director a
Attorney, all owners, users and tenants of this project that this area is sul
dust, pesticides, and odors associated with adjacent agricultural operations, a
PC RES0 NO. 3869 -13-
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
ti
the owners, users, and tenants occupy this area at their own risk.
40. Paleontology:
a. Prior to any grading of the Project site, a paleontologist shall b
retained to perform a walkover survey of the site and to review th
grading plans to determine if the proposed grading will impact foss
resources. A copy of the paleontologist’s report shall be provided tc
the Planning Director prior to issuance of a grading permit;
b. A qualified paleontologist shall be retained to perform periodi’
inspections of the site and to salvage exposed fossils. Due to the smal
nature of some of the fossils present in the geologic strata, it may bl
necessary to collect matrix samples for laboratory processing througl
fine screens. The paleontologist shall make periodic reports to thl
Planning Director during the grading process;
c. The paleontologist shall be allowed to divert or direct grading in th
area of an exposed fossil in order to facilitate evaluation and, i
necessary, salvage artifacts;
d. All fossils collected shall be donated to a public, non-profit institutiol
with a research interest in the materials, such as the San Diego Natura
History Museum;
e. Any conflicts regarding the role of the paleontologist and the gradin;
activities of the project shall be resolved by the Planning Director ant
City Engineer.
41. Prior to issuance of a building permit the project shall comply with the
Carlsbad’s standards for solid waste management.
42. All grading shall comply with the recommendations of the Ninyo an(
Geotechnical Investigation, dated February 6, 1989, performed for the proj
on file in the Planning Department.
43. Prior to the issuance of building permits, the general visual design gu
identified on Table 3.13.1 in EIR 90-03, the hillside architectural standard
203, and the hillside architectural design requirements of Carlsbad Municip
Section 21.95.060(g) shall be incorporated into the proposed architecture on 1
and submitted to the Planning Director for approval, subject to appeal
Planning Commission within 10 days of the Director’s decision, in accordar
the procedure in Carlsbad Municipal Code Section 21.95.030. In accordar
the visual analysis performed for the project, residential structures on Lo1
and 32-36 shall be limited to a single story element for at least 50% of the I
coverage.
~ I .*.* I 1 PC RES0 NO. 3869 -14-
I I
0 0
1
City and the Developer agree within an Affordable Housing Agreemen 2
44. The Developer shall construct the required inclusionary units concurrent 1
project's market rate units, unless both the final decision making authorit
alternate schedule for development. 3
4 Engineering Conditions:
5 45. If the developer chooses to construct out of phase, the new phasing must be r
and approved by the City Engineer and Planning Director. 6
7
8
9
10
11
12
46. The developer shall defend, indemnify and hold harmless the City and its
officers, and employees from any claim, action or proceeding against the Ci
agents, officers, or employees to attack, set aside, void or null an approva
City, the Planning Commission or City Engineer which has been brought agz
City within the time period provided for by Section 66499.37 of the Subdivisi
Act.
47. The developer shall pay the current local drainage area fee or shall CI
drainage systems in conformance with Master Drainage Plan and City of (
Standards to the satisfaction of the City Engineer.
13
14
48. The owner of the subject property shall execute an agreement holding 1
49. The owner shall make an offer of dedication to the City for all public stre 15 easements required by these conditions, shown in part on the tentative n:
16 listed as follows:
17
18
harmless regarding drainage across the adjacent property.
a. The storm drain easement on Lot 33 shall be 20 feet wide as required
Standards.
19 b. All the internal streets as shown on the tentative map.
20
21
22
23
24
c. The portions of Poinsettia Lane and Blackrail Court within the sub
boundaries.
d. A 60 foot wide extension of Street "D" across Lots 22 and 21.
The offer shall be made by a certificate on the final map. All land so offerc
be granted to the City free and clear of all liens and encumbrances and with1
to the City. Streets that are already public are not required to be rededica
25 /I 50. The developer shall disclose to all prospective buyers of any unit of this sub(
26 II that:
27
28
a. The 30 foot wide interim access easement between Street "D" and B
Court will be closed to vehicular traffic when Poinsettia Lane I
I PC RES0 NO. 3869 -15-
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 I
I1
Blackrail Court and Street "A" is constructed.
b. The 60 foot wide offer of dedication across Lots 22 and 21 is for futu
purposes and may be opened as a street when the land area to the
developed.
The above disclosure may be in the form of a recorded agreement, nom.
notes on the final map, deed restrictions or another method satisfactory to
Engineer and Director of Planning
51. The developer shall underground all existing overhead utilities onsite a1
subdivision boundary.
52. Direct access rights for all lots abutting Poinsettia Lane and Blackrail Court
waived on the final map.
53. Prior to approval of any grading or building permits for this project, the ow
give written consent to the annexation of the area shown within the boundaril
site plan into the existing City of Carlsbad Street Lighting and Landscaping
No. 1 on a form provided by the City.
54. The developer shall comply with the City's requirements of the National P
Discharge Elimination System (NPDES) permit. The developer shall prov
management practices as referenced in the "California Storm Watc
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
55. The temporary basin shown on Lot 1 shall be designed to the satisfaction of
Engineer. The basin shall remain in use until the City Engineer determines
longer needed or until Basin CF per the Master Drainage and Storm Water
Management Plan is constructed. The developer shall enter into a basin main
agreement and submit a maintenance bond satisfactory to the City Enginel
to the approval of grading, building permit or final map whichever occurs
this project. The basin shall be serviced by an all-weather accesdmaintenan
56. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City St;
the developer shall install, or agree to install and secure with appropriate sec
provided by law, improvements shown on the tentative map and the fc
improvements:
Onsite Phase One:
A. Streets "GI, "H", and that portion of "F" within the phase one bour
standard full width improvements as shown on the tentative map.
I PC RES0 NO. 3869 -16-
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
B. The onsite and contiguous portion of Blackrail Court shall have full h:
improvements plus 12 feet of paving, drainage facilities and all
normally required to be beneath the paving.
C. Street "FI from the phase one boundary to street "D", street "D" fro.
"F" to street "B", street "B" from street "D" to street "Af and street "A
and contiguous to the subdivision boundary shall have full ha1
improvements plus 12 feet of paving, drainage facilities including the 1
lot one and all utilities normally required beneath the paving.
D. The required sewer and water lines from Blackrail Court within the a1
of street "D" to street I'BI'.
Onsite Phase Two:
E. Full improvements to streets "D", "E', and "F." Street "D" shall be red
to provide a full width City standard road access to Blackrail Court 7
exception that the right-of-way shall be reduced to 56 ft. between St
and Blackrail Court. The design of said connection and reconfiguratic
adjoining lot shall be to the satisfaction of the City Engineer and I:
Director.
F. That portion of Poinsettia Lane within the subdivision.
Onsite Phase Three:
G. Full improvements to streets ''E1' and 'V.
Offsite Phase One:
H. Blackrail Court from Alga Road to the southerly project boundary sh
full half street improvements plus 12 feet of paving including curb anc
sidewalk, drainage facilities and street lights on one side within a m
42 foot wide publicly dedicated easement in compliance with the CUI
standard as determined by the City Engineer. Also included are all I
normally required to be beneath the paving. This project is not reql
underground the overhead utilities offsite.
The developer shall enter into a secured agreement with the City guara
the subdivision's pro-rated share of the design and construction cost
future installation of City Standard traffic signals at the intersec
Poinsettia Lane with Blackrail Court and Street "A" based upon the F
share of average daily traffic which benefits from the traffic signal.
I. Street "A" shall be extended to connect the southwestern portion of the
site to Poinsettia Lane approximately 1200 feet west of the Blackrai
intersection. This extension offsite from the project shall have a minir
PC RES0 NO. 3869 -17-
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
foot wide paved street within a 42 foot wide publicly dedicated ease1
utilities normally required to be beneath the proposed paving and (
facilities.
J. Poinsettia Lane between Alga Road and the extension of Street "A" st
a 32 foot wide paved section meeting major arterial standards. The
shall lie within a 60 foot wide publicly dedicated easement. All road
easement alignments shall conform with the future Poinsettia Lane ali
Drainage facilities, as needed, shall be included along with all
normally required to be beneath the paving.
K. The intersection of Alga Road and Poinsettia Lane shall be restriped
modified. Needed transition sections shall be provided.
57. A list of the above improvements shall be placed on an additional map shee
final map per the provisions of Sections 66434.2 of the Subdivision M
Improvements listed above shall be constructed within 18 months of approv;
secured improvement agreement or such other time as provided in said agr
58. The developer shall pay for the full improvements for Poinsettia Lane and Al;
in accordance with a future funding mechanism, or pay fees paid, in confc
with the updated Zone 20 Local Facilities Management Plan funding progra
developer may apply for a reimbursement agreement.
59. 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 denied
discretion of the City Council. In approving an extension, the City Coun
impose new conditions and may revise existing conditions pursuant to
20.12.110(a)(2) Carlsbad Municipal Code.
60. Prior to hauling dirt or construction materials to or from any proposed cons1
site within this project, the developer shall submit to and receive approval fi
City Engineer for the proposed haul route. The developer shall comply 7
conditions and requirements the City Engineer may impose with regards
hauling operation.
61. Based upon a review of the proposed grading and the grading quantities sh
the tentative map, a grading permit €or this project is required. The develop
submit and receive approval for grading plans in accordance with City Coc
Standards. Prior to issuance of a building permit for the project, a grading
shall be obtained and grading work shall be completed in substantial confo
with the approve grading plans. The developer may apply for and obtain
grading permit when submitting the first final map.
NOTE: If the disturbed area is five acres or more, prior to the issuar!
grading permit or building permit, whichever occurs first, the de
PC RES0 NO. 3869 -18-
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
shall submit proof that a Notice of Intention has been submittt
State Water Resources Control Board.
62. No grading for private improvements shall occur outside the limits of the
unless a grading or slope easement is obtained from the owners of the
properties. If the developer is unable to obtain the grading or slope easeme:
the tentative map shall be amended or the plans shall be modified so gra
private improvements will not occur outside the project site in a mannc
substantially conforms to the approved tentative map as determined by
Engineer and Planning Director.
63. Some improvements shown on the tentative map and/or required by these co
are located offsite on property which neither the City nor the owner has s’
title or interest to permit the improvements to be made without acquisitior
or interest. The applicant shall conform to Section 20.16.095 of the (
Municipal Code.
64. 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 v
Council Resolution No. 91-39.
65. Additional drainage easements may be required. Drainage structures :
provided or installed prior to or concurrent with any grading or building p
may be required by the City Engineer.
Fire Conditions:
66. Prior to building occupancy, private roads and driveways which serve as r
access for emergency service vehicles shall be posted as fire lanes in accorda~
the requirements of Section 17.04.020 of the Carlsbad Municipal Code.
67. Prior to issuance of the building permit, the applicant shall obtain Fire Dep
approval of a wildland fuel management plan. The plan shall clearly
methods proposed to mitigate and manage fire risk associated with native ve
growing within 60 feet of structures. The plan shall reflect the standards PI
in the fire suppression element of the City of Carlsbad Landscape Gr
Manual. Prior to occupancy of buildings, all wildland fuel mitigation activit
be complete, and the condition of all vegetation within 60 feet of structurc.
to be in conformance with an approved wildland fuel management plan.
68. Prior to issuance of building permits, the Fire Department shall evaluate 1
plans for conformance with applicable fire and life safety requirement of t
and local Fire Codes.
69. Applicant shall submit a site plan to the Fire Department for approval which
. location of required, proposed and existing public water mains and fire h
This plan should include off-site fire hydrants within 200 feet of the projec
PC RES0 NO. 3869 -19-
0 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 I
70. Provide additional public fire hydrants at intervals of 500 feet along publi
and/or private driveways. Hydrants should be located at street intersectio
possible, but should be positioned no closer than 100 feet from terminus of
or driveway.
71. The applicant shall provide a street map which conforms to the f:
requirements: a 400 scale photo-reduction mylar depicting proposed impro
and at least two existing intersections or streets. The map shall also clear1
street centerlines, hydrant locations, and street names.
72. Applicant shall submit a site plan depicting emergency access routes, drivea
traffic circulation for Fire Department approval.
73. An all weather, unobstructed access road suitable for emergency service vehic
be provided and maintained during construction. When in the opinion of
Chief, the access road has become unserviceable due to inclement weather
reasons, he may, in the interest of public safety, require that construction op
cease until the condition is corrected.
74. All required water mains, fire hydrants, and appurtenances shall be ope
before combustible building materials are located on the construction site.
75. Prior to final inspection, all security gate systems controlling vehicular access
equipped with a "Knox" key operated emergency entry device. Applica
contact the Fire Prevention Bureau for specifications and approvals 1
installation.
Water District Conditions:
76. The entire potable water system, reclaimed water system and sewer system 1
evaluated in detail to ensure that adequate capacity, pressure and flow dema
be met.
77. The developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permits. ?I
Diego County Water Authority capacity charge will be collected at issu
application for meter installation.
78. Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshall and establish the fire prc
requirements. Also obtain G. P. M. demand for domestic and irril
needs from appropriate parties.
b. Prepare a colored reclaimed water use area map and submit to the F
Department for processing and approval.
PC RES0 NO. 3869 -20-
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
c. Prior to the preparation of sewer, water and reclaimed water imprc
plans, a meeting must be scheduled with the District Engineer for
comment and approval of the preliminary system layouts and usal
GPM - EDU).
79. This project is approved upon the expressed condition that building permits
be issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are a
at the time of application for such water service and sewer permits will con
be available until time of occupancy. This note shall be placed on the final
General Conditions:
80. 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 tc
implemented and maintained according to their terms, the City shall have t
to revoke or modi& all approvals herein granted, deny or further condition i
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 d
for their violation. No vested rights are gained by Developer or a SUCCI
interest by the City's approval of this Resolution.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including
limited to the following code requirements.
81. The Developer shall comply with all applicable provisions of federal, state, a1
ordinances in effect at the time of building permit issuance.
Fees:
82. The Developer shall pay park-in-lieu fees to the City, prior to the approva
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
83. The Developer shall pay a landscape plan check and inspection fee as reqL
Section 20.08.050 of the Carlsbad Municipal Code.
Final Map Notes:
84. The Developer shall provide the following note on the final map of the sub
and final mylar of this development submitted to the City:
"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Mana
Control Point for each General Plan land use designation. Development
exceed the Growth Control Point except as provided by Chapters 21.90 and (
PC RES0 NO. 3869 -21-
~
li e *
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ll
21.53 allowing density increases upon City Council approval. The 1;
designation for this development is RLM. The Growth Control Point
designation is 3.2 dwelling units per nonconstrained acre.
Parcels 1 - 93 and Lot "A" as shown on Exhibit "A" were used to calcu
intensity of development under the General Plan and Chapter 21.90. Sub
redevelopment or resubdivision of any one of these parcels must also include
under the General Plan and Chapter 21.90 of the Carlsbad Municipal Cod4
85. 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 in accordance with the City Council Resolution
39."
General:
86. Approval of this request shall not excuse compliance with all applicable sec
the Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance, except as otherwise specifically provided herein.
87. All roof appurtenances, including air conditioners, shall be architecturally int
and concealed from view and the sound buffered from adjacent propert
streets, in substance as provided in Building Department Policy No. 80-6.
satisfaction of the Directors of Planning and Building.
88. The Developer shall submit a street name list consistent with the City's stree
policy subject to the Planning Director's approval prior to final map approv
89. The developer shall exercise special care during the construction phase of this
to prevent offsite siltation. Planting and erosion control shall be prov:
accordance with the Carlsbad Municipal Code.
Landscape:
90. All landscape and irrigation plans shall be prepared to conform with the Lam
Manual and submitted per the landscape plan check procedures on file
Planning Department.
Signs:
91. Any signs proposed for this development shall at a minimum be des$
conformance with the City's Sign Ordinance and shall require review and a
of the Planning Director prior to installation of such signs.
....
.... I 1 PC RES0 NO. 3869 -22-
I
0 *
1
Planning Commission of the City of Carlsbad, California, held on the 20th day of, 2
PASSED, APPROVED, AND ADOPTED at a regular meeting
3 the following vote, to wit:
4
5
6
7
AYES: Chairperson Welshons, Commissioners Compas,
Monroy, Nielsen, Noble and Savary
NOES: None
ABSENT: None
8
9
10
11
12
ABSTAIN: None
%U&
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSIC
13 /I ATTEST:
14
15
16 // Planning Director
17
18
19
20
21
22
23 II 24
25
26
27
28
PC RES0 NO. 3869 -23 -