Loading...
HomeMy WebLinkAbout1996-01-03; Planning Commission; Resolution 38750 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 I 28 PLANNING COMMISSION RESOLUTION NO. 3875 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE MAP TO SUBDIVIDE A 34 ACRE PARCEL LOT SIZE OF 7,500 SQUARE FEET AND 1 OPEN SPACE LOT, AND PROVIDE 8 SECOND DWELLING UNITS, ALL ON PROPERTY GENERALLY LOCATED NORTH OF CAMINO DE LAS ONDAS, EAST OF PASEO DEL NORTE, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: MAR VISTA CASE NO: CT 94-11 WHEREAS, McReynolds has filed a verified application for certain 1 INTO 49 SINGLE- FAMILY LOTS WITH A MINIMUM to wit: Parcel C of Parcel Map No. 2949, in the City of Carlsbad, County of Sar Diego, State of California, filed in the office of the County Recorder of Sar Diego County, August 9, 1974, as File No. 74-216632 of official records. with the City of Carlsbad which has been referred to the Planning Commission; a1 WHEREAS, said verified application constitutes a request for a Tc Map to subdivide a 34 acre parcel into 49 single- family lots with a minimum lot 7,500 square feet and 1 open space lot, and provide 8 second dwelling units as sh Exhibits “A-J”, dated January 3,1996, on file in the Planning Department and incoq by this reference (“Tentative Map for Mar Vista” CT 94-11) as provided by Chaptt of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 3rd day of Januay hold a duly noticed public hearing as prescribed by law to consider said request; a ~ WHEREAS, at said public hearing, upon hearing and considering all ter and arguments, if any, of all persons desiring to be heard, said Commission conside factors relating to the Tentative Map. .... II 1 2 3 4 ‘5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the ? Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Con APPROVES Carlsbad Tract CT 94-11, based on the following findj subject to the following conditions: Findings: 1. The Planning Commission of the City of Carlsbad has reviewed, analy; considered Recirculated Mitigated Negative Declaration for the Mar Vista the environmental impacts therein identified for this project and said co thereon, and the Mitigation Monitoring and Reporting Program, on file Planning Department, prior to recommending approval of the project. Basec EIA Part-I1 and comments thereon, the Planning Commission finds that the substantial evidence the project will have a significant effect on the environm hereby recommends approval of the Recirculated Mitigated Negative Decla 2. The Planning Commission does hereby find that the Recirculated Mitigated r\ Declaration for the Mar Vista project and Mitigation Monitoring and Re Program have been prepared in accordance with requirements of the Ca Environmental Quality Act, the State Guidelines, and the Environmental Prc Procedures of the City of Carlsbad. 3. The Planning Commission finds that the Recirculated Mitigated N Declaration for the Mar Vista Project reflects the independent judgment Planning Commission of the City of Carlsbad. 4. 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. The project is consistent with the City’s General Plan since the pr density of 2.45 du/acre is less than the density range of 4 to 8 d specified for the site as indicated on the Land Use Element of the C Plan, and is below the growth control point of 6 du/acre. b. Circulation - The local streets serving the project have 51 to 60 feet of right-of-way, and connect to Hidden Valley Road which is a non- collector street. All the local, collector, and major streets within th would be constructed to full public street width standards, and havl gutters, sidewalks, and underground utilities. The proposed street syi adequate to handle the project’s pedestrian and vehicular tram accommodate emergency vehicles. i PC RES0 NO. 3875 -2- 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 C. Noise - A noise study was completed for the project, and noise f airport and Palomar Airport Road can be mitigated with sound w building construction techniques. d. The project is consistent with the Housing Element of the General 1: the Inclusionary Housing Ordinance since the Developer has been con to enter into an Affordable Housing Agreement to construct 8 second I units. The remaining .647 fraction of an inclusionary dwelling unil satisfied through the payment of a fee equal to the fraction (.647) ti average subsidy needed to make affordable to a lower-income househ newly constructed typical housing unit. e. Open Space and Conservation - The project is designed to avoid tl slopes surrounding the mesa and riparian drainage area in the wester canyon. This 19.24 acre open space lot would connect with the open s Poinsettia Park to the north. City Wide Trail Link No. 29 would be to the east to minimize gnatcatcher, coastal sage, and riparian impact western finger canyon. Native habitat impacts have been red1 mitigated by the design of the project, in that the Cherry Blossol alignment is the most sensitive in terms of habitat and slope im follows: a. The 0.05 acre take area is located outside of any Preserve PI Areas (PPAs); b. The habitat loss will not preclude connectivity between areas habitat values since this area is not included as a part of a L Planning Area (LPA); c. The habitat loss will not preclude or prevent the preparation Carlsbad Habitat Management Plan in that the area is not a a Linkage Planning Area, makes no contribution to the preserve system and will not significantly impact the use of patches as archipelago or stepping stones to surrounding PPA d. Mitigation for the loss of the 0.05 acres of Coastal Sage Scrub will be in the form of the acquisition of habitat credits as dis above. The loss of habitat on the MSP California LLC propel not appreciably reduce the likelihood of the survival and reco the gnatcatcher; e. The habitat loss is located in a disturbed area that is directly ac to Hidden Valley Road and the Poinsettia Community Park, the large blocks of habitat will not be lost and fragmentation w occur; .... PC RES0 NO. 3875 -3- 0 a 1 2 3 4 5 6 7 8 f. The habitat area being impacted is at the periphery of a lar habitat area; it is not in the center where the loss of habitat 7 more important; f. Parks and Recreation - The project is required to pay park-in-lieu f g. Public Safety - The proposed project is required to provide sidewalk lights, and fire hydrants, as shown on the tentative map, or incl conditions of approval. 5. The project is consistent with the Citywide Facilities and Improvements F applicable local facilities management plan, and all City public facility polil ordinances since: 9 10 11 12 13 14 a. The project has been conditioned to ensure that the final map wil: approved unless the City Council finds that sewer service is available the project. In addition, the project is conditioned such that a note I placed on the final map that building permits may not be issued project unless the District Engineer determines that sewer service is a\ and building cannot occur within the project unless sewer service j available, and the District Engineer is satisfied that the requirement Public Facilities Element of the General Plan have been met insofar apply to sewer service for this project; 15 16 b. Prior to final map approval the developer is conditioned to enter j agreement with the appropriate school district to ensure that adequatc facilities are available to serve the project; l7 ll c. Park-in-lieu fees are required; 18 19 20 21 22 d. All necessary public improvements have been provided or are requ conditions of approval; and, e. The developer has agreed and is required by the inclusion of an appr condition to pay a public facilities fee. Performance of that contr; payment of the fee will enable this body to find that public facilities available concurrent with need as required by the General Plan. 23 6. The project has been conditioned to pay any increase in public facility fee, 24 construction tax, or development fees, and has agreed to abide by any adc requirements established by a Local Facilities Management Plan prepared pi 25 to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure COI availability of public facilities and will mitigate any cumulative impacts createc 26 project. 27 7. This project has been conditioned to comply with any requirement approved 28 of the Local Facilities Management Plan for Zone 20. PC RES0 NO. 3875 -4- ll a 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 8. The project is consistent with the Comprehensive Land Use Plan (CLUP: McClellan-Palomar Airport, dated April, 1994 in that the developer is con to record a notice concerning aircraft noise and an avigation easement. Thc is compatible with the projected noise levels of the CLUP; and, based noiselland use compatibility matrix of the CLUP, the proposed land use is COI with the airport, in that residential development is conditionally compatiblc the 60 to 65 CNEL and the project has been conditioned to mitigate interi' levels to 45 dBA CNEL. 9. That the project is consistent with the City's Landscape Manual, adopted Council Resolution No. 90-384. 10. 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, Titles 20 and 21 of the Carlsbad Municipal Cc the State Subdivision Map Act, and will not cause serious public health prob that the proposed project is required to provide sidewalks, street lights, i hydrants, as shown on the tentative map, or included as conditions of appro\ local streets have adequate public right-of-way and connect to Hidden Vallc which is a non-loaded collector street. All the local, collector, and major within this area would be constructed to full public street width standards, a curb, gutters, sidewalks, and underground utilities. The proposed street s! adequate to handle the project's pedestrian and vehicular traMic and accorr emergency vehicles. 11. That the proposed project is compatible with the surrounding future land us( surrounding properties are designated for residential development less tha1 dudacre in the General Plan, in that the proposed residential land use is k from the park, compatible with the residentially designated property to the e: consistent with the CLUP. Public street improvements would be prov accommodate traffic generated by the project. A 40 foot buffer and loca would separate the residential lots from the community park, and the res land use is compatible with the RM residential land use designation on the p located directly east. 12. That the site is physically suitable for the type and density of the developme1 the site is adequate in size and shape to accommodate residential developmer density proposed, in that the residential development complies with all city and standards, including zoning, without the need for variances from devel standards. 13. That the design of the subdivision or the type of improvements will not confl easements of record or easements established by court judgment, or acquirec public at large, for access through or use of property within the proposed subd in that the project has been designed and structured such that there are no c' with any established easements. ~ PC RES0 NO. 3875 -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 14. That the property is not subject to a contract entered into pursuant to t Conservation Act of 1965 (Williamson Act). 15. That the design of the subdivision provides, to the extent feasible, for futurl or natural heating or cooling opportunities in the subdivision, in that thl square foot lot sizes allow for a variety of building placement alternatives, i the adequate placement and separation of the homes, in combination proposed variety of future floor plans and the dominant western wind pattel radiation patterns, will allow utilization of natural heating and cooling oppor 16. That the Planning Commission has considered, in connection with the proposed by this subdivision, the housing needs of the region, and balancs housing needs against the public service needs of the City and available fi environmental resources. 17. That the design of the subdivision and improvements are not likely 1 substantial environmental damage nor substantially and avoidably injure wildlife or their habitat, in that all feasible mitigation measures or alternatives identified in the Recirculated Mitigated Negative Declarat certified Final EIR 93-03 which are appropriate to this project ha. incorporated into the project and no significant impacts to fish, wildlife respective habitats will occur. 18. That the discharge of waste from the subdivision will not result in viol existing California Regional Water Quality Control Board requirements, in drainage requirements of Specific Plan 203, City ordinances, and Mello I1 h, considered and appropriate drainage facilities have been designed and sea addition to City Engineering Standards and compliance with the City's Drainage Plan, National Pollution Discharge Elimination System (: standards will be satisfied to prevent any discharge violations. 19. The Planning Commission has reviewed each of the exactions imposed Developer contained in this resolution, and hereby finds, in this case, exactions are imposed to mitigate impacts caused by or reasonably relate project, and the extent and the degree of the exaction is in rough proportio the impact caused by the project. 20. That the property cannot be served adequately with a public street without pa lots due to unfavorable conditions resulting from unusual topography, sur] land development, or lot configuration, in that steep slopes to the north eastern property line both create isolated areas of buildable land that is not to access with a full width public street. 26 21. That subdivision with panhandle lots will not preclude or adversely affect th subject property, in that the lots are located at the end of cul-de-sac streets 27 to provide full public street access to other properties within the same bloc 28 bordered by Open Space Lot No. 1. PC RES0 NO. 3875 -6- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 22. That the buildable portion of the panhandle lots consists of 8,000 sq. fee meets the requirements of Section 21.10.080(d)(l) of the Carlsbad Municip Planning Conditions: 1. The Planning Commission does hereby recommend approval of the Tentat for the CT 94-11 project entitled "Mar Vista". (Exhibit "A" - "J" on fih Planning Department and incorporated by this reference, dated January C subject to the conditions herein set forth. Staff is authorized and directed or require the Developer to make all corrections and modifications to the ex! documents, as necessary to make them internally consistent and conform Council's final action on the project. Development shall occur substantially a on the approved exhibits. Any proposed development substantially differe this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, a ordinances in effect at the time of building permit issuance. Maps and Exhibits 3. The Developer shall provide the City with a reproducible 24" x 36", mylar COF Tentative Map as approved by the final decision making body. The Tentati shall reflect the conditions of approval by the City. The Map copy shall be su to the City Engineer and approved prior to building, grading, final n improvement plan submittal, whichever occurs first. 4. The Developer shall provide the Planning Director with a 500' scale myla. subdivision prior to the recordation of the final map. Said map shall show and streets within and adjacent to the Project. 5. The Developer shall include, as part of the plans submitted for any pern 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. Facilities & Services 6. The Developer shall pay the public facilities fee adopted by the City Council 28, 1987 (amended July 2, 1991) and as amended from time to time, a development fees established by the City Council pursuant to Chapter 21.9( Carlsbad Municipal Code or other ordinance adopted to implement a management system or Facilities and Improvement Plan and to fulfill the subd agreement to pay the public facilities fee dated November 7, 1994, a copy o is on file with the City Clerk and is incorporated by this reference. If the it not paid, this application will not be consistent with the General Plan and a] for this project will be void. I PC RES0 NO. 3875 -7- II 0 0 1 2 3 4 5 6 7 8 9 10 11 12 1 13 7. The final map shall not be approved unless the City Council finds as of the such approval that sewer service is available to serve the subdivision. 8. Building permits will not be issued for development of the subject propert the District Engineer determines that sewer facilities are available at the application for such sewer permits and will continue to be available until occupancy. A note to this effect shall be placed on the final map. 9. Prior to approval of a final map or the issuance/approval of a building permi ever occurs first, the Developer shall submit evidence to the Planning Direc impacts to school facilities have been mitigated in conformance with th Growth Management Plan to the extent permitted by applicable state law. mitigation involves a financing scheme such as a Mello-Roos Community F, District which is inconsistent with the City’s Growth Management Plan in City Council Policy Statement No. 38, the Developer shall disclose to future in the project, to the maximum extent possible, the existence of the tax and . school district is the taxing agency responsible for the financing district. 10. This project shall comply with all conditions and mitigation measures wl required as part of the Zone 20 Local Facilities Management Plan a amendments made to that Plan prior to the issuance of building permits. l4 /I General Conditions 15 16 17 18 11. 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 suspe~ 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 t project without the condition complies with all requirements of law. 19 to all conditions contained in Planning Commission Resolution Nos. 3872 20 12. Approval of CT 94-11 is granted subject to the approval of the Recirculated N Declaration, ZC 94-04, LCPA 94-04, SDP 94-10, and HDP 94-09. CT 94-11 is 3874,3876, and 3877. 21 22 23 24 25 26 13. 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&W include provisions specifying Homeowner‘s Association maintenance respon for all natural open space (Lot l), slope maintenance and landscape easement 2 to 12, 18 to 20, and 22 to 30,), as shown on the approved tentative m; landscape plan which is on file in the Planning Department, or as conditio I this resolution. I 27 28 14. Prior to approval of the final map the developer shall dedicate Open Space I 1 to the Homeowner’s Association and dedicate a perpetual open space ea! PC RES0 NO. 3875 -8- 0 0 1 11 over Open Space Lot No. 1 to the City of Carlsbad. 2 3 15. 4 5 6 7 a Removal of native vegetation and development of Open Space Lot No. 1, ir but not limited to fences, walls, decks, storage buildings, pools, spas, stairw; landscaping, other than that approved as part of the tentative map for the se and drainage facilities as shown on Exhibit "B", is specifically prohibited upon written order of the Carlsbad Fire Department for fire prevention p' or upon written approval of the Planning Director, and (California Commission if in the Coastal Zone), based upon a request from the Homt Association accompanied by a report from a qualified arborist/botanist indica need to remove specified trees and/or plants because of disease or impending to adjacent habitable dwelling units. For areas containing native vegetal report required to accompany the request shall be prepared by a qualified b 9 10 11 12 13 14 15 16 17 18 16. Prior to approval of a final map the Developer shall establish a 60 foot wi space easement and deed restriction along the rear of Lots 2 thru 21, and 31 for purposes of native habitat protection and fire suppression. No devel shall be permitted in this 60 foot buffer/open space easement; including regrading of the building pad and manufactured slopes, the construction of h; and non-habitable accessory structures, patio covers, pool rooms, solariur second-story decks and balconies, wooden decks and spas 42 inches above gra any other structures that require a building permit. Screen walls/fences, land in accordance with the approved fire suppression plan for the project, ha] level pools and spas shall be permitted. In addition, the CC&Rs for the shall stipulate the above mentioned restrictions. ~ features such as brick or cement walkways and patios, pool equipment, an( 17. Prior to approval of the final map or issuance of building permits, whichever first, the developer shall notify, to the satisfaction of the Planning Director ai Attorney, all owners, users and tenants of this project that a community p; is located adjacent to this project to the south. l9 11 18. The Developer shall provide a minimum of 25 percent of the lots with ad 20 21 22 23 24 25 26 sideyard area for Recreational Vehicle storage pursuant to City Standards CC&Rs shall prohibit the storage of recreational vehicles in the required fro setback. 19. Prior to issuance of any building permits for the project the Developer shall approval of a Site Development Plan (SDP) by the Planning Commiss accordance with Chapter 21.06 of the Carlsbad Municipal Code. The single. homes within this tentative map shall be developed consistent with the project approved SDP. Unless otherwise approved through the future Site Develc Plan process, the lots shall not be sold for the purpose of developing ind custom homes on each separate lot. 27 28 20. The applicant shall submit a wall and fencing plan subject to Planning Di approval prior to issuance of building permits. PC RES0 NO. 3875 -9- 0 0 1 2 3 4 21. The Developer shall provide bus stops to service this development at locat with reasonable facilities to the satisfaction of the North County Transit Dis the Planning Director. Said facilities, if required, shall at a minimum i1 bench, free from advertising, and a pole for the bus stop sign. The bench 2 shall be designed to enhance or be consistent with the basic architectural t the project. 5 22. The Developer shall display a current Zoning and Land Use Map in the sal at all times, or suitable alternative to the satisfaction of the Planning Direc 23. All sales maps that are distributed or made available to the public shall incl 6 7 not be limited to trails, future and existing schools, parks, and streets. 8 9 10 11 12 13 Landscape 24. The Developer shall prepare a detailed landscape and irrigation plan in confa with the approved Preliminary Landscape Plan and the City’s Landscape 1 The plans shall be submitted to and approval obtained from the Planning I prior to the approval of the final map, grading permit, or building permit, wh occurs first. The Developer shall construct and install all landscaping as sh the approved plans, and maintain all landscaping in a healthy and thriving col free from weeds, trash, and debris. 14 15 25. The first submittal of detailed landscape and irrigation plans shall be accon- 26. Prior to approval of the landscape and irrigation plans, all manufactured 16 slopes created by this project shall be landscaped to the satisfaction of the P1 17 Director, and shall include at a minimum, landscaping to control erosion 18 provide visual screening of the slopes. by the project’s building, improvement, and grading plans. 19 be seeded and adequately irrigated to reduce erosion and visual impacts. If g 20 27. All building pad and street areas that are graded and remain vacant or undey for a period of more than 6 months after the grading operation is complete is phased, the six month time period shall start at the completion of each ind 21 grading phase, subject to the review and approval of the Planning Director. 22 23 24 25 26 27 28. All landscaping shall comply with the Landscape Requirements of Specific P1; Contingency Permits/Other Agencies 29. Prior to approval of the Final Map, the Developer shall receive approval of a ( Development Permit issued by the California Coastal Commission that substz conforms to this approval. A signed copy of the Coastal Development Perm] be submitted to the Planning Director. If the approval is substantially differc amendment to CT 94-11 shall be required. 28 PC RES0 NO. 3875 -10- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 30. Prior to approval of the final map, the Developer shall be required: (1) tc with the United States Fish and Wildlife Service (USnVS) regarding the i~ the project on the Coastal California Gnatcatcher and Coastal Sage Scrub and, 2) obtain any permits required by the USWFS. Environmental 31. The Developer shall diligently implement, or cause the implementatior mitigation measures identified in the Final EIR 90-03 that are found resolution to be feasible. 32. The Developer shall implement, or cause the implementation of the Final 1 Recirculated Mitigated Negative Declaration’s Mitigation Monitoring and Rc Program. 33. Paleontology: a. Prior to any grading of the project site, a paleontologist shall bc retained to perform a walkover survey of the site and to review thc grading plans to determine if the proposed grading will impact fossi 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 periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; c. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; d. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; and, e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 34. Prior to the recordation of the first final map or the issuance of building p whichever occurs first, the Developer shall prepare and record a Notice tk property may be subject to noise impacts from the proposed or c Transportation Corridor in a form meeting the approval of the Planning Direct City Attorney. 1 PC RES0 NO. 3875 -11- ~ 0 m 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 i 27 28 I 35. 36. 37. 38. 39. 40. ~ .... Prior to the recordation of the first final map or the issuance of building whichever occurs first, the Developer shall prepare and record a Notice property is subject to overflight, sight, and sound of aircraft operati] McClellan-Palomar Airport in a form meeting the approval of the Planning I and the City Attorney. Prior to issuance of building permits, the Developer shall record an A Easement for all lots located within the 60 to 65 CNEL contour, including 20,21,29, 31, and 32 to the County of San Diego and file a copy of the ri document with the Planning Director. The Developer shall post aircraft noise notification signs in all sales and/o offices associated with the new development. The number and locations of si shall be approved by the Planning Director. Prior to occupancy of any dwelling units the developer shall construct a attenuation wall along the northern boundary of the site per Exhibit "A' January 3, 1996, and mitigate the interior noise levels of the homes in accl with the policies of the Noise, Element of the General Plan and the recomme of the project's noise study prepared by RECON, dated December 1994, anc in the Planning Department. To offset the conversion of non-prime agricultural land to urban land uses requirements of the Mello I1 Local Coastal Program, the applicant shall payment of an agricultural mitigation fee, the amount of which shall not be le $5,000 nor more than $10,000 for each net converted acre of non-prime agric land. The amount of the fee shall be determined by the City Council p approval of the final map and shall be consistent with the provisions of Car LCP. Compliance with APCD Rules 51 (The "Nuisance" Rule), 52 (Particulate lk 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 j permit stipulating that the following measures shall be required to 2 compliance with these rules, and reduce construction-related air pollutants: a. The watering of all surfaces being graded and haul routes shall be required during dry weather conditions; b. All unpaved areas shall be revegetated according to approved landscape plans as soon as possible after grading; C. All construction-related traffic shall be restricted to routes that are dust-controlled, and reduced speed limits shall be maintained for all haul and construction vehicles; I PC RES0 NO. 3875 -12- I 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 d. All construction activities shall be limited during periods of hig winds; e. All heavy-duty, diesel-powered construction equipment shall b operated according to manufacturers suggested operating instructio (with the fuel-injection timing retarded to recommended levels for NC emissions, but which would not result in excessive visible smok emissions) in order to control pollutant emissions; f. Construction equipment shall be subject to regularly schedulec maintenancekune-ups, and be turned off when not being utilized tc avoid excessive idling emissions; g. The application of architectural coating and cut-back asphalt shal adhere to APCD Rules 67.0 and 67.7, to effectively control othel construction-related emissions of air pollutants; and, h. The Engineering Department shall monitor for compliance during a1 grading operations of the project. 41. The Homeowners Association shall obtain and distribute to owners and annual information from Caltrans and North County Transit regardi availability of public transportation, ride-sharing, and transportation services in the area. This information shall also be provided in the sales a the project. A condition so stating this shall also be placed in the CC&Rs project. 42. Prior to occupancy of individual units a solid wall or fence, and land windbreaks shall be installed along the perimeter of any future developable ar abuts property under "open field" cultivation, in order to reduce public nl effects of adjacent pesticide spraying and dust generation from farm vehicl operations. 43. Prior to approval of a final map or issuance of a building permit, which ever first, an infrastructure improvement plan shall be submitted to the Plannil Engineering Departments for review and approval by the Planning Director a1 Engineer. This plan shall illustrate the temporary road connections requ maintain continued access to adjacent agricultural properties that could be im by future roadway improvements. 44. Drainage water from buildings, streets, parking lots, and landscaped areas the project shall be disposed of through stormdrains or otherwise in a mannl will avoid any runoff onto agricultural areas whether planted or fallow. All agricultural and urban shall conform with the National Pollution Dischaq Elimination System Permit requirements pursuant to San Diego Regional Quality Control Board Order No. 90-42, adopted by City Council Resolution 1. 235. PC RES0 NO. 3875 -13- 1 II 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 I1 45. Prior to issuance of a building permit the project shall comply with thc Carlsbad's standards for solid waste management. 46. Prior to approval of the final map or issuance of building permits, whicheve first, the applicant shall notify, to the satisfaction of the Planning Director : Attorney, all owners, users and tenants of this project that this area is SL dust, pesticides, and odors associated with adjacent agricultural operations,, the owners, users, and tenants occupy this area at their on risk. 47. All grading shall comply with the recommendations incorporated by Geosc and Leighton and Associates in the geotechnical investigations of the site dal 15,1994, and September 18,1995 and any amendments or updates of those on file in the Planning Department. 48. Prior to approval of a final map, improvement plans shall be submitted Engineering Department showing locations and sizing of reclaimed and 01 runoff diversion facilities, in accordance with the Carlsbad Municipal Water requirements and the phasing schedule provided in the Zone 20 LFMP. Re1 water facilities shall be constructed in all major roadways within the projec 49. Prior to approval of the Site Development Plan for the project, as requ Chapter 21.06 of the Carlsbad Municipal Code, a visual analysis of the proje be conducted by the Developer. This analysis shall consist, at a minim computer-enhanced photo-modifications showing development conditions PI by the development of homes as viewed from Palomar Airport Road. The I of this analysis is to determine the specific visual impacts that the proposed could have on the Palomar Airport Road viewshed. If the Planning L determines, based on future visual analysis, that there is a potentially sigr visual impact created by the construction of homes, mitigation to reduce this shall be consistent with Section 3.13.3 of Final EIR 90-03 and may include, 1 be limited to, the following measures: (1) reduced building height along tht the bluff; (2) varying rooflines and roof massing; (3) enhanced rear b elevations that are visible from Palomar Airport Road; (4) increased lar screening; (5) earth tone roof and building wall material and colors; a increased building separation. Housing 50. 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 01 the Developer shall enter into an Affordable Housing Agreement with the I provide and deed restrict the 8 lots for second dwelling units (including: Lo 18,24,28,32,35, and 44) in accordance with the requirements and process SE in Chapter 21.85 of the Carlsbad Municipal Code. The recorded Affordable H Agreement shall be binding on all future owners and successors in interest. I '." , 1 PC RES0 NO. 3875 -14- 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 Upon showing by the developer that an onsite contribution is not appropriat project, a second inclusionary housing option available to the developer shal prior to final map approval, the developer shall enter into an agreement 1 City to purchase affordable credits from Villa Loma or participate in a] combined inclusionary project within the southwest quadrant and as approp 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 develop submit a signed Affordable Housing Agreement to the Housing and Redeve Director. The recorded Affordable Housing Agreement shall be binding on a, owners and successors in interest. 51. Prior to City review and approval of the offsite option, the approval of a Plan amendment to SP 203 shall be required to designate the proposec combined inclusionary project as an approved location for the provision of afl units to satisfy the inclusionary requirements of Zone 20 properties. 52. The Developer shall construct the required inclusionary units concurrent v project’s market rate units, unless both the final decision making authority of 1 and the Developer agree within an Affordable Housing Agreement to an a1 schedule for development. Engineering Conditions: Note: Unless specifically stated in the condition, all of the following engil conditions, upon the approval of this proposed major subdivision, n met prior to approval of a final map. 53. The developer shall provide for sight distance corridors at all street intersecl accordance with Engineering Standards and shall record the following state] the project’s CC&Rs: “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.“ The above statement shall be placed on a non-mapping data sheet on the fin2 54. Drainage outfall end treatments for any drainage outlets where a direct acce! for maintenance purposes is not provided, shall be designed and incorporatc the grading/improvement plans for the project. These end treatments SI designed so as to prevent vegetation growth from obstructing the pipe c Designs could consist of a modified outlet headwall consisting of an ex concrete spillway section with longitudinal curbing and/or radially designed r PC RES0 NO. 3875 -15- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I l or other means deemed appropriate, as a method of preventing vegetatior directly in front of the pipe outlet, to the satisfaction of the Community Director and the City Engineer. 55. A funding mechanism for the full improvements for Poinsettia Lane and Al' must be approved or fees paid, in conformance with the updated Zone 2 Facilities Management Plan funding program. 56. This project is approved specifically as 1 (single) unit for recordation. 57. The owner of the subject property shall execute an agreement holding t harmless regarding drainage across the adjacent property. 58. The developer shall defend, indemnify and hold harmless the City and its officers, and employees from any claim, action or proceeding against the Cii agents, officers, or employees to attack, set aside, void or null an approva City, the Planning Commission or City Engineer which has been brought aga City within the time period provided for by Section 66499.37 of the Subdivisil Act. 59. The developer shall pay the local drainage area fee or shall construct dl systems in conformance with Master Drainage Plan and City of Carlsbad Sta as required by the City Engineer. 60. The owner shall execute a hold harmless agreement for geologic failure. 61. The owner shall make an offer of dedication to the City for all public strel easements required by these conditions or shown on the tentative map. Th shall be made by a certificate on the final map for this project. All land so shall be granted to the City free and clear of all liens and encumbrances and 1 cost to the City. Streets that are already public are not required to be reded 62. The developer shall comply with the City's requirements of the National Pa Discharge Elimination System (NPDES) permit. The developer shall provic management practices, as referenced in the "California Storm Watel Management Practices Handbook" to reduce surface pollutants to an acceptab prior to discharge to sensitive areas. Plans for such improvements shall be ap by the City Engineer. The plans shall include, but not be limited to the foll which shall be included in the project's CC&Rs: a. The homeowner's association shall coordinate the use of the City's estali program to assist residents with the removal and proper disposal of tor hazardous waste products. I I b. Toxic chemicals or hydrocarbon compounds such as gasoline, mot antifreeze, solvents, paints, paint thinners, wood preservatives, and othe fluids shall not be discharged into any street, public or private, or into I pc RESO No* 3875 -16- ll 0 e 1 2 3 drain or storm water conveyance systems. Use and disposal of pe fungicides, herbicides, insecticides, fertilizers and other such ( treatments shall meet Federal, State, County, and City requiren prescribed in their respective containers. 4 5 c. Best Management Practices shall be used to eliminate or reduce pollutants when planning any changes to the landscaping and improvements. 6 7 63. Plans, specifications, and supporting documents for all public improvemer be prepared to the satisfaction of the City Engineer. In accordance w Standards, the developer shall install, or agree to install and secure with app, security as provided by law, all improvements shown on the tentative map as a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 a-1. Hidden Valley Road full width improvements (68’ Right-of-wayl48’ curb width) from Cherry Blossom Road to Camino De Los Ondas, in Asphalt/Concrete Pavement. Concrete Curb and Gutter. Concrete Sidewalk on one (1) side. Street Light Standards on one (1) side. Hidden Valley Road secondary access width improvements (68’ F way/28’ Berm to berm width) from Cherry Blossom Road to Palomar Road, including: Asphalt/Concrete Pavement. Asphalt/Concrete Berms. Traffic signal modification at Palomar Airport Road and Hidden Road -0R- a-2. Hidden Valley Road full width improvements (68’ Right-of-way/48’ i curb width) from Cherry Blossom Road to Palomar Airport Road, inc Asphalt/Concrete Pavement. Concrete Curb and Gutter. Concrete Sidewalk on one (1) side. Street Light Standards on one (1) side. Traffic signal modification at Palomar Airport Road and Hidden Valh Hidden Valley Road secondary access width improvements (68’ R way/28’ Curb to curb width) from Cherry Blossom Road to Camino Ondas, including: ~ I 28 PC RES0 NO. 3875 -17- I1 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 Asphalt/Concrete Pavement. Asphalt/Concrete Berms. b-1. Cherry Blossom Road full width improvements (60' Right-of-Way/40' curb width) from Hidden Valley Road to Calle Serena, including: Asphalt/Concrete Pavement. Concrete Curb and Gutter. Concrete Sidewalk. Street Light Standards. -0R- b-2. Cherry Blossom secondary access width improvements (72" Right-of- Curb to curb with) from Hidden Valley Road to "A" Street, includin] AsphaltKoncrete Pavement. Concrete Curb and Gutter. Concrete Sidewalk. Street Light Standards. Note: Roadway Improvement B-2 above will only be required if Poinsettia not constructed prior to building permits being issued for Mar 1 Poinsettia Park is constructed, prior to building permits being issued i Vista, then this widened roadway section will not be required (site ! secondary access will be gained through the park as indicated on the te map.) c. Vista De Olas full width improvements (51' Right-of-Way/36' Curb I width) from Calle Serena to the northern terminus, including: Asphalt/Concrete Pavement. Concrete Curb and Gutter. Concrete Sidewalk one (1) side. d. Calle Serena full width improvements (56' Right-of-Way/36' Curb tl width) from Vista De Olas to the northern terminus, including: Asphalt/Concrete Pavement. Concrete Curb and Gutter. Concrete Sidewalk one (1) side. Street Light Standards. e. "A" Street access width improvements (60' Right-of-Way/407 Curb tc I width) from Cherry Blossom to the northern terminus, including: I PC RES0 NO. 3875 -18- 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 ll Asphalt/Concrete Pavement. Concrete Curb and Gutter. Concrete Sidewalk one (1) side. Street Light Standards. Note: If roadway improvement E above is constructed prior to any develop that property (MSP California, LLC) a private reimbursement ag. between the Mar Vista property owner (McReynolds) and adjacent 1 owner (MSP California, LLC), over the construction of the roadway ( pursued. f. Sewer and Drainage Alternative "A" (as indicated on the tentative m Note: Prior to final map approval the Developer shall revise the tentative eliminate Sewer/Stormdrain Alignment "B." g. In accordance with the project supplemental soils report (Leighton dated October 18, 1995) and to mitigate for any potential future 1; deficiencies for proposed Lot's 21,29,30 and 31, the following shall b 1). The back property line shall be relocated from the top of the slope to 20' away (a 20' setback) from the top of the natura The 20' setback shall be placed in an Open Space easement de to the City with maintenance responsibilities placed c Homeowners Association. The maintenance responsibilities s included in the project's CC&R's. 2). Within the 20' setback, grade a 4% minimum slope from the to1 natural slope to the new property lines, as referenced in Iten above. From the property line, grade a 2% minimum slope residence and then grade to City Standard GS-15 slope gl requirements to the proposed street. 3). The natural slope within the landslide area shall not be irriga 4). Any landscaping within this area shall use drought tolerant pl 5). Rain gutters must be provided to convey roof drainage underground yard drain system discharging through curb dr: the street, to the satisfaction of the City Engineer. A list of the above improvements shall be placed on an additional map sheet final map per the provisions of Sections 66434.2 of the Subdivision Ma Improvements listed above shall be constructed within 18 months of approval secured improvement agreement or such other time as provided in said agre .... I PC RES0 NO. 3875 -19- 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 20 Note: Unless specifically stated in the condition, all of the following engineering COI upon the approval of this proposed major subdivision, must be met prior to i of any building or grading permits for the project. 64. The owner of the property on behalf of itself and all of its successors in inter1 execute and record a notice of disclosure and a hold harmless agreement No. 21, 29, 30 and 31 noticing any future owners of the presence of a 1 suspect landslide and indemnify the City of Carlsbad's, agents, oficc employees from any action that may arise through any subsequent geologic ground water seepage, or land subsidence and subsequent damage that ml: on or adjacent to Lots No. 21, 29, 30 and 31, due to its construction, opera maintenance. A notice to this effect and a reference to the recorded docume be included on a non-mapping data sheet of the final map. 65. 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 i constructed and must be based on a contour map which represents both the post site grading. This plan shall be signed by both the soils engineer i engineering geologist. The plan shall be prepared on a 24" x 36" mylar or drafting film and shall become a permanent record. 66. If the disturbed area is five acres or more the developer shall submit proo Notice of Intention has been submitted to the State Water Resources Control 67. Prior to issuance of building permits, the developer shall underground all f overhead utilities within the subdivision boundary. 68. The applicant shall pay all current and fees and deposits required. 69. The developer shall submit proof that a Notice of Intention has been subm, the State Water Resources Control Board. 70. Prior to approval of any grading or building permits for this project, the own1 give written consent to the annexation of the area shown within the bound; the site plan into the existing City of Carlsbad Street Lighting and Lands District No. 1 on a form provided by the City. Fire Conditions: 71. Prior to the issuance of building permits, complete building plans shall be ap by the Fire Department. 72. Additional on-site public water mains and fire hydrants are required. 73. Applicant shall submit a site plan to the Fire Department for approval, which ( location of required, proposed and existing public water mains and fire hydran PC RES0 NO. 3875 -20- I I I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 plan should include off-site fire hydrants within 200 feet of the project. 74. Applicant shall submit a site plan depicting emergency access routes, drivev traffic circulation for Fire Department approval. 75. 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. 76. All required water mains, fire hydrants and appurtenances shall be operation2 combustible building materials are located on the construction site. 77. All security gate systems controlling vehicular access shall be equipped with a key-operated emergency entry device. Applicant shall contact the Fire Pre Bureau for Specifications and approvals prior to installation. 78. Native vegetation which presents a fire hazard to structures shall be mod removed in accordance with the specifications contained in the City of C Landscape Guidelines Manual. Applicant shall submit a Fire Suppression pla: Fire Department for approval. 79. The applicant shall provide a street map which conforms to the fo requirements: A 400 scale photo-reduction mylar, depicting proposed improv and at least two existing intersections or streets. The map shall also clearlj street centerlines, hydrant locations and street names. Water District Conditions: 80. The entire potable water system, reclaimed water system and sewer system s evaluated in detail to ensure that adequate capacity, pressure and flow demal be met. 81. The Developer shall be responsible for all fees, deposited and charges which collected before and/or at the time of issuance of the building permit. The San County Water Authority capacity charge will be collected at issuance of appl for meter installation. 82. Sequentially, the Developers Engineer shall do the following: a. Meet with the City Fire Marshal and establish the fire pro requirements. Also obtain G.P.M. demand for domestic and irrigational from appropriate parties. b. Prepare -a colored reclaimed water use map and submit to the P1, Department €or processing and approval. ~ : PC RES0 NO. 3875 -21- e m 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 I 27 I 28 c. Prior to the preparation of sewer, water and reclaimed water impr plans, a meeting must be scheduled with the District Engineer fol comment and approval of the preliminary system layouts and usai GPM - EDU). 83. This project is approved upon the expressed condition that building permits be issued for development of the subject property unless the water district se~ development determines that adequate water service and sewer facilities are E 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 84. The Developer shall be required to: 1) Enter into an agreement for reimbursement of costs for the constru Poinsettia Park Offsite Sewer, CMWD Project No. 94-404, 2) provide the necessary construction area for the installation of the Po Park Off-site Sewer through out CT 94-11 including the granting necessary right-of-ways and easements, 3) construct minimum 8" diameter gravity sewer mains in Calle Sere Vista De Olas. 85. The Developer shall construct a 12" potable water line (375' H.G.) in Hidder Road from Palomar Airport Road to Cherry Blossom Road. Also, a water I shall be required to establish the size of water lines in Cherry Blossom Roac Serena and Vista De Olas. In any event, 8" diameter water lines will be the mi size installed. 86. The Developer shall construct a 12" reclaimed water line (384' H.G.) in I Valley Road from Palomar Airport Road to Cherry Blossom Road and shall reclaimed water lines deemed necessary after the colored use map is review needs established. 87. If any of the foregoing conditions fail to occur; or if they are, by their terms implemented and maintained over time; if any of such conditions fail to implemented and maintained according to their terms, the City shall have tb to revoke or modify all approvals herein granted; deny or further condition is of all future building permits; deny, revoke or further condition all certific occupancy issued under the authority of approvals herein granted; institu prosecute litigation to compel their compliance with said conditions or seek da for their violation. No vested rights are gained by Developer or a succe: interest by the City's approval of this Resolution. ~ I I .... .... PC RES0 NO. 3875 -22- I I I 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 Planning Code Reminders Fees 88. The Developer shall pay park-in-lieu fees to the City, prior to the approv; final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 89. The Developer shall pay a landscape plan check and inspection fee as req1 Section 20.08.050 of the Carlsbad Municipal Code. Final Map Notes 90. 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 Chapter 21.90. The 1; designation for this development is RM. The Growth Control Point 1 designation is 6 dwelling units per nonconstrained acre. Parcels 1 thru 50 were used to calculate the intensity of development unl General Plan and Chapter 21.90. Subsequent redevelopment or resubdivisiol one of these parcels must also include parcels 1 thru 50 under the General P1 Chapter 21.90 of the Carlsbad Municipal Code." 91. The following note shall be placed on the Final Map: "Prior to issuance of a b permit for any buildable lot within the subdivision, the Developer shall pay time special development tax in accordance with the City Council Resolution : 39 .If 92. Approval of this request shall not excuse compliance with all applicable sect the Zoning Ordinance and all other applicable City ordinances in effect at 1 building permit issuance, except as otherwise specifically provide herein. 93. 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 Landscape 94. All landscape and irrigation plans shall be prepared to conform with the Lan Manual and submitted per the landscape plan check procedures on file Planning Department. .,.. .... PC RES0 NO. 3875 -23- ll 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Signs 95. Any signs proposed for this development shall at a minimum be desi conformance with the City’s Sign Ordinance and shall require review and 2 of the Planning Director prior to installation of such signs. Engineering Code Reminders: 96. 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 applicant. 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. 97. Prior to issuance of a building permit for any buildable lot within the subdivis property owner shall pay a one-time special development tax in accordance w Council Resolution No. 91-39. 98. Based upon a review of the proposed grading and the grading quantities sh the tentative map, a grading permit for this project is required. The develop! submit and receive approval for grading plans in accordance with ‘city COC standards. 99. No grading for private improvements shall occur outside the limits of the sub( unless a grading or slope easement or agreement to grade is obtained frl owners of the affected properties. If the applicant is unable to obtain the gra slope easement or agreement to grade, no grading permit will be issued. In th the developer must either amend the tentative map or modi@ the plans so i will not occur outside the project site in a manner which substantially confc the approved tentative map as determined by the City Engineer and PI Director. 100. Prior to hauling dirt or construction materials to or from the site, the develop€ submit to and receive approval from the City Engineer for the proposed haul The developer shall comply with all conditions and requirements the City Er may impose with regards to the hauling operation. 101. The developer shall exercise special care during the construction phase of this : to prevent offsite siltation. Planting and erosion control shall be provic accordance with the Carlsbad Municipal Code and the City Engineer. 102. Additional drainage easements may be required. Drainage structures sh provided or installed prior to or concurrent with any grading or building per may be required by the City Engineer. I .... PC RES0 NO. 3875 -24- 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 28 103. Some improvements shown on the tentative map and/or required by these cc are located offkite 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. Final Map Note: The developer shall place the following note on a non-mappi sheet of the final map: Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest ha: to hold harmless and indemnify the City of Carlsbad from any action that may arise any geological failure, ground water seepage or land subsidence and subsequent dam may occur on, or adjacent to, this subdivision due to its construction, opera maintenance. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, held on the 3rd day of January, 1996 following vote, to wit: AYES: Chairperson Compas, Commissioners Monroy, Nielsen, Savary and Welshons NOES: None ABSENT: Commissioner Erwin ABSTAIN: None WILLIA%l COMPAS, &airpersox CARLSBAD PLANNING COMMI ATTEST: * Planning Director PC RES0 NO. 3875 -25-