HomeMy WebLinkAbout1996-01-17; Planning Commission; Resolution 38801
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PLANNING COMMISSION RESOLUTION NO. 3880
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A TENTATIVE MAP
TO SUBDIVIDE A 56.3 ACRE PARCEL INTO SIXTY-ONE
SINGLE-FAMILY LOTS WITH A MINIMUM LOT SIZE OF
7,500 SQUARE FEET, ONE 8.3 ACRE OPEN SPACE LOT,
A 27.4 ACRE REMAINDER PARCEL, AND ALLOW NINE
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. EMERALD RIDGE WEST
CASE NO: CT 95-03
WHEREAS, MSP California LLC has filed a verified application for
SECOND-DWELLING UNITS, ALL ON PROPERTY
property to wit:
All that certain parcel of land delineated and designated as "Description No.
1,103.91 Acres" on Record of Survey Map No. 5715, filed in the Office of the
County Recorder of San Diego County, December 19, 1960, being a portion
of Lot G of Rancho Agua Hedionda, according to Map thereof No. 823, filed
in the Office of the County Recorder of San Diego County,' November 16,
1896, a portion of which lies within the City of Carlsbad, all being in the
County of San Diego, State of California. Excepting therefrom that portion
lying within Parcels "A", "B", "C" and "D" of Parcel No. 2993 in the City of
Carlsbad, County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, August 23,1974 as File No. 74-230326
of Official Records.
with the City of Carlsbad which has been referred to the Planning Commission; an
WHEREAS, said verified application constitutes a request for a Te
Map to subdivide a 56.3 acre parcel into sixty-one single-family lots with a minim
size of 7,500 square feet, one 8.3 acre open space lot, a 27.4 acre remainder para
allow nine second-dwelling units as shown on Exhibits "A-M", dated January 17, 19
file in the Planning Department and incorporated by this reference ("Tentative M
Emerald Ridge West" CT 95-03) as provided by Chapter 20.12 of the Carlsbad Mu
Code; and
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1 WHEREAS, the Planning Commission did on the 17th day of Januar
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hold a duly noticed public hearing as prescribed by law to consider said request; 2
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WHEREAS, at said public hearing, upon hearing and considering all te
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and arguments, if any, of all persons desiring to be heard, said Commission consid
II factors relating to the Tentative Map. 6
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8 commission of the City of Carlsbad as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
9 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Corn
RECOMMENDS APPROVAL of Carlsbad Tract CT 95-03, based
following findings and subject to the following conditions:
Findings:
1. The Planning Commission of the City of Carlsbad has reviewed, analyi
considered Mitigated Negative Declaration for the Emerald Ridge West proj
environmental impacts therein identified for this project and said comments t:
and the Mitigation Monitoring and Reporting Program, on file in the P
Department, prior to recommending approval of the project. Based on tl
Part-I1 and comments thereon, the Planning Commission finds that ther
substantial evidence the project will have a significant effect on the environm
hereby recommends approval of the Mitigated Negative Declaration.
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Program have been prepared in accordance with requirements of the Ca 20
2. The Planning Commission does hereby find that the Mitigated Negative Decl
for the Emerald Ridge West project and Mitigation Monitoring and Re
Environmental Quality Act, the State Guidelines, and the Environmental Prc
Procedures of the City of Carlsbad. 21
22 3. The Planning Commission finds that the Mitigated Negative Declaration
23 Emerald Ridge West project reflects the independent judgment of the PI
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26 following:
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
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a. The project is consistent with the City’s General Plan since the PI
density of 3.01 dus/acre is less than the density range of 4 to 8 c
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specified for the site as indicated on the Land Use Element of the (
Plan, and is below the growth control point of 6 dudacre.
b. Circulation - The local streets serving the project have 56 to 60 feet ol
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 haw
gutters, sidewalks, and underground utilities. The proposed street SJ
adequate to handle the project’s pedestrian and vehicular tra8
accommodate emergency vehicles.
c. Noise - A noise study was completed for the project, and traffic nois
Palomar Airport Road does not exceed 60 dBA CNEL. The devel
required to mitigate interior noise levels of the future homes to L
CNEL.
d. The project is consistent with the Housing Element of the General PL
the Inclusionary Housing Ordinance since the Developer is requi
provide 10.764 affordable housing units and has been conditioned tc
into an Affordable Housing Agreement to either: (1) construct 9
dwelling units and deed restrict 1 three-bedroom home; or (2) cons1
second dwelling units and purchase 1 Affordable Housing Credit fro1
Loma subject to the requirements of City Council Policy No. 57 and
final approval by the City Council. The remaining .754 fraction
inclusionary dwelling unit will be satisfied through the payment of a fet
to the fraction (.764) times the average subsidy needed to make afford;
a lower-income household, one newly constructed typical housing unil
e. Open Space and Conservation - The project is designed to avoid tht
slopes surrounding the mesa and riparian drainage area in the eastern
canyon. This area will be placed under an 8.3 acre open space easea
the Homeowners Association. This 8.3 acre open space lot would cc
with the open space to the north along Encinas Creek. City Wide Trai
No. 29 would be aligned to the east along the bluff and slope to mil
gnatcatcher, coastal sage, and riparian impacts in the eastern finger c:
Native habitat impacts have been reduced or mitigated by the design
project, in that project grading and the Cherry Blossom Road alignn
the most sensitive in terms of habitat and slope impact as follows:
1) The 0.12 acre take area is located outside of any Preserve Pla
Areas (PPAs);
2) The habitat loss will not preclude connectivity between areas o
habitat values since this area is not included as a part of a Li
Planning Area (LPA);
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3) The habitat loss will not preclude or prevent the preparatio~
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 PPI
4) Mitigation for the loss of the 0.12 acres of Coastal Sage Scrul
will be in the form of the acquisition of .19 acres of high qual
habitat credits from the Carlsbad Highland Mitigation Bank. 1
of habitat on the MSP California LLC property will not appl
reduce the likelihood of the survival and recovery of the gnatc
5) The habitat loss is located in a disturbed area that is directly a
to Hidden Valley Road and the Poinsettia Community Park, th
large blocks of habitat will not be lost and fragmentation 7
occur, and;
6) The habitat area being impacted is at the periphery of a larg
habitat area; it is not in the center where the loss of habitat wl
more important.
f. Parks and Recreation - The project is required to pay park-in-lieu fe
g. Public Safety - The proposed project is required to provide sidewalks
lights, and fire hydrants, as shown on the tentative map, or inch
conditions of approval.
5. The project is consistent with the City-Wide Facilities and Improvements PI
applicable local facilities management plan, and all City public facility polic
ordinances since:
a. The project has been conditioned to ensure that the final map will
approved unless the City Council finds that sewer service is available t
the project. In addition, the project is conditioned such that a note s
placed on the final map that building permits may not be issued
project unless the District Engineer determines that sewer service is av;
and building cannot occur within the project unless sewer service r
available, and the District Engineer is satisfied that the requirements
Public Facilities Element of the General Plan have been met insofar
apply to sewer service for this project.
b. Prior to final map approval the developer is conditioned to enter i
agreement with the appropriate school district to ensure that adequate
facilities are available to serve the project.
c. Park-in-lieu fees are required.
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d. All necessary public improvements have been provided or are reql
conditions of approval.
e. The developer has agreed and is required by the inclusion of an app:
condition to pay a public facilities fee. Performance of that contr
payment of the fee will enable this body to find that public facilities
available concurrent with need as required by the General Plan.
6. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any ad
requirements established by a Local Facilities Management Plan prepared p
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure co
availability of public facilities and will mitigate any cumulative impacts create1
project.
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7. This project has been conditioned to comply with any requirement approved
of the Local Facilities Management Plan for Zone 20.
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8.
9.
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 aviaation easement. The
is compatible with the projected noise levels of the CLUP; and, based
noise/land use compatibility matrix of the CLUP, the proposed land use is con
with the airport, in that residential development is conditionally compatibk
the 60 to 65 CNEL and the project has been conditioned to mitigate interia
levels to 45 dBA CNEL.
That the project is consistent with the City’s Landscape Manual, adopted
Council Resolution No. 90-384.
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10. That the proposed map and the proposed design and improvement of the subc
as conditioned, is consistent with and satisfies all requirements of the Gener,
any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Co
the State Subdivision Map Act, and will not cause serious public health probl
that the proposed project is required to provide sidewalks, street lights, 2
hydrants, as shown on the tentative map, or included as conditions of approv
local streets have adequate public right-of-way and connect to Hidden Vallt
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 sy
adequate to handle the project’s pedestrian and vehicular traffic and accom
25 II emergency vehicles.
26 11. That the proposed project is compatible with the surrounding future land us(
dudacre in the General Plan, in that the proposed residential land use is b 27
surrounding properties are designated for residential development less thar
from the park, compatible with the residentially designated property to the w( 28
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consistent with the CLUP. Public street improvements would be provi
accommodate traf'fic generated by the project. A local street would separ
residential lots from the community park, and the residential land use is corn
with the RM residential land use designation on the property located direct
12. That the site is physically suitable for the type and density of the develop me^
the site is adequate in size and shape to accommodate residential developmen
density proposed, in that the residential development complies with all city 1
and standards, including zoning, without the need for variances from devell
standards.
13. That the design of the subdivision or the type of improvements will not conflj
easements of record or easements established by court judgment, or acquired
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.
14. That the property is not subject to a contract entered into pursuant to thl
Conservation Act of 1965 (Williamson Act);
15. That the design of the subdivision provides, to the extent feasible, for future
or natural heating or cooling opportunities in the subdivision, in that the
square foot lot sizes allow for a variety of building placement alternatives, inc
the adequate placement and separation of the homes, in combination w,
proposed variety of future floor plans and the dominant western wind pattern
radiation patterns, will allow utilization of natural heating and cooling opportl
16. That the Planning Commission has considered, in connection with the h
proposed by this subdivision, the housing needs of the region, and balancec
housing needs against the public service needs of the City and available fisc
environmental resources;
17. That the design of the subdivision and improvements are not likely to
substantial environmental damage nor substantially and avoidably injure
wildlife or their habitat, in that all feasible mitigation measures or
alternatives identified in the Mitigated Negative Declaration and certified Fir
93-03 which are appropriate to this project have been incorporated into the
and no significant impacts to fish, wildlife or their respective habitats will G
18. That the discharge of waste from the subdivision will not result in viola1
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 secur
addition to City Engineering Standards and compliance with the City's 1
Drainage Plan, National Pollution Discharge Elimination System (N
standards will be satisfied to prevent any discharge violations.
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19. The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, in this case, 1
exactions are imposed to mitigate impacts caused by or reasonably 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, surrc
land development, or lot configuration, in that steep slopes to the north and t
and a property line to the west both created an isolated area of buildable la
is not feasible to access with a full width public street.
21. That subdivision with panhandle lots will not preclude or adversely affect tht
to provide full public street access to other properties within the same bloc1
subject property, in that the lots are located between two cul-de-sac bulbs :
bordered by the western subdivision property line.
22. That the buildable portion of the panhandle lot consists of a minimum of 8
feet, which meets the requirements of Section 21.10.080(d)(l) of the C
Municipal Code;
Planning Conditions:
1. The Planning Commission does hereby recommend approval of the Tentatil
for the CT 95-03 project entitled "Emerald Ridge West". (Exhibit "A" - "MI
in the Planning Department and incorporated by this reference, dated Janu
1996), subject to the conditions herein set forth. Staff is authorized and dire
make or require the Developer to make all corrections and modifications
exhibits/or documents, as necessary to make them internally consistent and c
to City Council's final action on the project. Development shall occur subst;
as shown on the approved exhibits. Any proposed development subst:
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, an
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 cop!
Tentative Map as approved by the final decision making body. The Tentatiy
shall reflect the conditions of approval by the City. The Map copy shall be sub
to the City Engineer and approved prior to building, grading, final m
improvement plan submittal, whichever occurs first.
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~ 4. The Developer shall provide the Planning Director with a 500' scale mylar
subdivision prior to the recordation of the final map. Said map shall show
and streets within and adjacent to the Project.
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1 5. The Developer shall include, as part of the plans submitted for any perm
check, a reduced, legible version of the approving resolution/resolutions on
applicable Coastal Development Permit and signed approved site plan.
2 36" blueline drawing. Said blueline drawing(s) shall also include a copy
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4 Facilities & Services:
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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 21.91
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 May 26, 1995, a copy of whic
file with the City Clerk and is incorporated by this reference. If the fees ;
paid, this application will not be consistent with the General Plan and apprc
this project will be void.
7. The final map shall not be approved unless the City Council finds as of the i
such approval that sewer service is available to serve the subdivision.
8. 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 1
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 permit,
ever occurs first, the Developer shall submit evidence to the Planning Direct1
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 inc
City Council Policy Statement No. 38, the Developer shall disclose to future 1
in the project, to the maximum extent possible, the existence of the tax and tl
school district is the taxing agency responsible for the financing district.
10. This project shall comply with all conditions and mitigation measures whi
required as part of the Zone 20 Local Facilities Management Plan a1
amendments made to that Plan prior to the issuance of building permits.
General Conditions:
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 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 t'
project without the condition complies with all requirements of law.
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12. Approval of CT 95-03 is granted subject to the approval of the Mitigated 7
Declaration, LCPA 94-04, ZC 94-04, SDP 95-06, and HDP 95-06. CT 95-03 is
to all conditions contained in Planning Commission Resolution Nos. 387;
3879,3881, and 3882.
13. The Developer shall establish a homeowner's association and corresr
covenants, conditions and restrictions. Said CC&Rs shall be submitted
approved by the Planning Director prior to final map approval. The CC&E
include provisions specifying Homeowner's Association maintenance respor
for all natural open space (Lot 62), slope maintenance and landscape eas
(Lots 1-17, and 22-23), as shown on the approved Tentative Map and landsca
which is on file in the Planning Department, or as conditioned by this reso,
14. Prior to approval of the final map the Developer shall establish slope mainl
and landscape easements along the rear yard slopes facing Palomar Airpor
and Hidden Valley Road, including Lots 1-17, and 23.
15. Prior to approval of the final map the developer shall dedicate Open Space I
62 to the Homeowner's Association and dedicate a perpetual open space ea
over Open Space Lot No. 62 to the City of Carlsbad.
16. Removal of native vegetation and development of Open Space Lot No. 62, in(
but not limited to fences, walls, decks, storage buildings, pools, spas, stairwq
landscaping, other than that approved as part of the tentative map for the sev
and drainage facilities as shown on Exhibit "C", is specifically prohibited,
upon written order of the Carlsbad Fire Department for fire prevention pu
or upon written approval of the Planning Director, and (California (
Commission if in Coastal Zone), based upon a request from the Home,
Association accompanied by a report from a qualified arboristhotanist indicat.
need to remove specified trees and/or plants because of disease or impending I
to adjacent habitable dwelling units. For areas containing native vegetati
report required to accompany the request shall be prepared by a qualified bic
17. Prior to approval of a final map the Developer shall establish an open
easement, as shown on the Tentative Map, and deed restriction along the I
Lots 1 thru 23 for purposes of native habitat protection and fire suppress
shown on the tentative map. No development shall be permitted in this buffe
space easement, including; future regrading of the building pad and manufa
slopes, the construction of habitable and non-habitable accessory structures
covers, pool rooms, solariums, and second-story decks and balconies, wooden
and spas 42 inches above grade, and any other structures that require a bt
permit. Screen walls/fences, landscaping in accordance with the approvr
suppression plan for the project, hardscape features such as brick or (
walkways and patios, pool equipment, and grade level pools and spas sE,
permitted. In addition, the CC&Rs for the project shall stipulate the
mentioned restrictions.
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18. Prior to approval of the final map, the Developer shall provide an irrevocal
of dedication to the City of Carlsbad for a trail easement for trail(s) shorn
tentative map within Open Space Lot No. 62. If the City of Carlsbad
dedication of the trail easement the City shall assume responsibility for main
and liability. If the City of Carlsbad does not accept liability and main
responsibility for the Citywide Trail System, prior to recordation of the fir
the Developer will not be required to construct the trail(s).
19. Prior to approval of the final map or issuance of building permits, whicheve]
first, the developer shall notify, to the satisfaction of the Planning Director L
Attorney, all owners, users and tenants of this project that a community p
is located adjacent to this project to the south.
20. The Developer shall provide a minimum of 25 percent of the lots with a1
sideyard area for Recreational Vehicle storage pursuant to City Standard
CC&Rs shall prohibit the storage of recreational vehicles in the required frc
setback.
21. Prior to issuance of any building permits for the project the Developer shall
approval of a Site Development Plan (SDP) by the Planning Commis
accordance with Chapter 21.06 of the Carlsbad Municipal Code. The singlc
homes within this tentative map shall be developed consistent with the p
approved SDP. Unless otherwise approved through the future Site Developme
process, the lots shall not be sold for the purpose of developing individual
homes on each separate lot.
22. The applicant shall submit a wall and fencing plan subject to Planning I
approval prior to issuance of building permits. Prior to occupancy of Lot
thru 12 the developer shall construct a 6 foot high solid screen wall/fence a1
top of the berm that separates the City Wide Trail from the residential b
pads.
23. The Developer shall provide bus stops to service this development at locatic
with reasonable facilities to the satisfaction of the North County Transit Dist
the Planning Director. Said facilities, if required, shall at a minimum in
bench, free from advertising, and a pole for the bus stop sign. The bench a
shall be designed to enhance or be consistent with the basic architectural tl:
the project.
24. The Developer shall display a current Zoning and Land Use Map in the sale
at all times, or suitable alternative to the satisfaction of the Planning Direcl
25. 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.
....
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Landscape:
26. The Developer shall prepare a detailed landscape and irrigation plan in confc
with the approved Preliminaq Landscape Plan and the City’s Landscape ]I
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, wl.
occurs first. The Developer shall construct and install all landscaping as sk
the approved plans, and maintain all landscaping in a healthy and thriving co:
free from weeds, trash, and debris.
27. The first submittal of detailed landscape and irrigation plans shall be accon
by the project’s building, improvement, and, grading plans.
28. Prior to approval of the landscape and irrigation plans, the plans shall s
manufactured off-site slopes created by this project, landscaped to the sati!
of the Planning Director, and shall include at a minimum, landscaping to
erosion and to provide visual screening of the slopes.
29. All building pad and street areas that are graded and remain vacant or undel
for a period of more than 6 months after the grading operation is complete
be seeded and adequately irrigated to reduce erosion and visual impacts. If g
is phased, the six month time period shall start at the completion of each ind
grading phase, subject to the review and approval of the Planning Director.
30. All landscaping shall comply with the Landscape Requirements of Specific PI
Contingency Permits/Other Agencies:
31. Prior to approval of the Final Map, the Developer shall receive approval of a (
Development Permit issued by the California Coastal Commission that subst:
conforms to this approval. A signed copy of the Coastal Development Perm
be submitted to the Planning Director. If the approval is substantially differ1
amendment to CT 95-03 shall be required.
32. Prior to approval of the final map, the Developer shall be required: (1) to 1
with the United States Fish and Wildlife Service (USFWS) regarding the im
the project on the Coastal California Gnatcatcher and Coastal Sage Scrub E
and, 2) obtain any permits required by the USWFS.
Environmental:
33. The Developer shall diligently implement, or cause the implementation
mitigation measures identified in the Final EIR 90-03 that are found 1
resolution to be feasible.
34. The Developer shall implement, or cause the implementation of the Final E:
Mitigated Negative Declaration’s Mitigation Monitoring and Reporting Prog
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35. Paleontology:
a. Prior to any grading of the project site, a paleontologist shall be
retained to perform a walkover survey of the site and to review the
grading plans to determine if the proposed grading will impact fossil
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;
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.
36. 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 th
property may be subject to noise impacts from the proposed or e
Transportation Corridor in a form meeting the approval of the Planning Direcl
City Attorney.
37. 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 tl:
property is subject to overflight, sight, and sound of aircraft operatini
McClellan-Palomar Airport in a form meeting the approval of the Planning D
and the City Attorney.
38. Prior to issuance of building permits, the Developer shall record an Av!
Easement for all lots located within the 60 to 65 CNEL contour, including I
thru 35 to the County of San Diego and file a copy of the recorded documel
the Planning Director.
39. The Developer shall post aircraft noise notification signs in all sales and/or
offices associated with the new development. The number and locations of sai
shall be approved by the Planning Director.
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40. Prior to issuance of a building permit the developer shall mitigate the interi
levels of the homes to 45 dBA CNEL, in accordance with the policies of t€
Element of the General Plan and the recommendation of the project's noi;
prepared by Pacific Noise Control, dated May 24,1994, and on file in the E
Department. If openings to the exterior of the homes are required to be c
meet the interior noise standard then mechanical ventilation shall be prov.
41. 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 14
$5,000 nor more than $10,000 for each net converted acre of non-prime agri
land. The amount of the fee shall be determined by the City Council 1
approval of the final map and shall be consistent with the provisions of Ca
LCP.
42. Compliance with APCD Rules 51 (The "Nuisance" Rule), 52 (Particulate I
and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitig
impacts generated during grading operations. A note shall be placed on the
permit stipulating that the following measures shall be required to
compliance with these rules, and reduce construction-related air pollutants
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a. The watering of all surfaces being graded and haul routes shall bc
required during dry weather conditions.
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b. All unpaved areas shall be revegetated according to approvec
landscape plans as soon as possible after grading.
C. All construction-related traffic shall be restricted to routes that arc
dust-controlled, and reduced speed limits shall be maintained for a1
haul and construction vehicles.
d. All construction activities shall be limited during periods of high
winds.
e. All heavy-duty, diesel-powered construction equipment shall bt
operated according to manufacturers suggested operating instructior
(with the fuel-injection timing retarded to recommended levels for NO
emissions, but which would not result in excessive visible smokc
emissions) in order to control pollutant emissions.
f. Construction equipment shall be subject to regularly schedulea
maintenancebune-ups, and be turned off when not being utilized to
avoid excessive idling emissions.
g. The application of architectural coating and cut-back asphalt shall
adhere to APCD Rules 67.0 and 67.7, to effectively control other
construction-related emissions of air pollutants.
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h. The Engineering Department shall monitor for compliance during all
grading operations of the project.
43. The Homeowners Association shall obtain and distribute to owners and 1
annual information from Caltrans and North County Transit regardi
availability of public transportation, ride-sharing, and transportation 1
services in the area. This information shall also be provided in the sales o
the project. A condition so stating this shall also be placed in the CC&Rs
project.
44. Prior to occupancy of individual units a solid wall or fence, and land
abuts property under “open field’ cultivation, in order to reduce public nl
effects of adjacent pesticide spraying and dust generation from farm vehicl
operations.
~ windbreaks shall be installed along the perimeter of any future developable ar
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45. 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 Planni
Engineering Departments for review and approval by the Planning Director ar
maintain continued access to adjacent agricultural properties that could be im 12 Engineer. This plan shall illustrate the temporary road connections requi
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46. Drainage water from buildings, streets, parking lots, and landscaped areas
the project shall be disposed of through stormdrains or otherwise in a mann
will avoid any runoff onto agricultural areas whether planted or fallow. All
agricultural and urban shall conform with the National Pollution Dischar
Elimination System Permit requirements pursuant to San Diego Regional
Quality Control Board Order No. 90-42, adopted by City Council Resolution 1
235.
47. Prior to issuance of a building permit the project shall comply with the (
Carlsbad’s standards for solid waste management.
48. Prior to approval of the final map or issuance of building permits, whichever
first, the applicant shall notify, to the satisfaction of the Planning Director an
Attorney, all owners, users and tenants of this project that this area is sub
dust, pesticides, and odors associated with adjacent agricultural operations, a1
the owners, users, and tenants occupy this area at their on risk.
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49. All grading shall comply with the recommendations incorporated by Geosoils,
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amendments or updates of the report, that is on file in the Planning Depart]
the preliminary geotechnical assessment of the site dated September 6,1994 a]
Engineering Department showing locations and sizing of reclaimed and or 27
50. Prior to approval of a final map, improvement plans shall be submitted
runoff diversion facilities, in accordance with the Carlsbad Municipal Water D 28
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requirements and the phasing schedule provided in the Zone 20 LFMP. Rec
water facilities shall be constructed in all major roadways within the projec
51. 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 minin
computer-enhanced photo-modifications showing development conditions PI
by the development of homes as viewed from Palomar Airport Road. The 1
of this analysis is to determine the specific visual impacts that the proposed
could have on the Palomar Airport Road Viewshed. If the Planning I
determines, based on future visual analysis, that there is a potentially sig
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,
be limited to, the following measures: (1) reduced building height along th
the bluff; (2) varying rooflines and roof massing; (3) enhanced rear t
elevations that are visible from Palomar Airport Road; (4) increased lar
screening; (5) earth tone roof and building wall material and colors; :
increased building separation.
Housing:
52. 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 c
the Developer shall enter into an Affordable Housing Agreement with the
provide and deed restrict 9 lots for second dwelling units (including: Lots 2
19, 24, 31, 36, 42, 52) and one three-bedroom home as appropriate, in accc
with the requirements and process set forth in Chapter 21.85 of the C,
Municipal Code. The draft Affordable Housing Agreement shall be submittel
Planning Director not later than thirty (30) after the final map submitta
recorded Affordable Housing Agreement shall be binding on all future own
successors in interest; OR
Prior to approval of the final map for any phase of this project, or where a
not being processed, prior to the issuance of building permits for any lots 0:
the developer shall enter into an agreement with the City to deed restrict 9
dwelling units (including: Lot 2, 7, 13, 19, 24,31, 36, 42, and 52) and the pi
of 1 Affordable Housing Credit in Villa Loma, as appropriate, in accordance F
requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code, tk
20 Specific Plan, and City Council Policies 57 and 58 dated September 1;
Prior to City Council approval, the developer shall submit a signed Aff
Housing Agreement to the Housing and Redevelopment Director. The rc
Affordable Housing Agreement shall be binding on all future owners and suc
in interest; OR
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 v
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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 Redevelr
Director. The recorded Affordable Housing Agreement shall be binding on al'
owners and successors in interest.
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53. 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
units to satisfy the inclusionary requirements of Zone 20 properties. 8
combined inclusionary project as an approved location for the provision of affc
9 54. The Developer shall construct the required inclusionary units concurrent w
project's market rate units, unless both the final decision making authority oft
schedule for development.
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Note: Unless specifically stated in the condition, all of the following engineering con(
upon the approval of this proposed major subdivision, must be met prior to aF
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of a final map.
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accordance with Engineering Standards and shall record the following staten 16
55. The developer shall provide for sight distance corridors at all street intersect:
the project's CC&Rs:
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"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."
21 /I The above statement shall be placed on a non-mapping data sheet on the fina
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56. Drainage outfall end treatments for any drainage outlets where a direct acce5
for maintenance purposes is not provided, shall be designed and incorporatc
the gradinglimprovement plans for the project. These end treatments SI
designed so as to prevent vegetation growth from obstructing the pipe a
Designs could consist of a modified outlet headwall consisting of an ex(
concrete spillway section with longitudinal curbing and/or radially designed ri
or other means deemed appropriate, as a method of preventing vegetation g
directly in front of the pipe outlet, to the satisfaction of the Community St
Director and the City Engineer.
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PC RES0 NO. 3880 -16- I/ II
ll 0 0 II ' ll 57. This project is approved specifically as 1 (single) unit for recordation.
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58. 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 aga
City within the time period provided for by Section 66499.37 of the Subdivisic
Act.
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59. A funding mechanism for the full improvements for Poinsettia Lane and Alg
must be approved or fees paid, in conformance with the updated Zone 21
Facilities Management Plan funding program.
60. The owner of the subject property shall execute an agreement holding t
harmless regarding drainage across the adjacent property.
61. The developer shall pay all current fees and deposits required.
62. The developer shall construct desiltation/detention/urban pollutant basin(s) c
and a size and at location(s) as shown on the Tentative Map and as approve(
City Engineer. The applicant shall enter into a basin maintenance agreem,
submit a maintenance bond satisfactory to the City Engineer prior to the a
of grading, building permit or final map whichever occurs first for this projec
basin shall be serviced by an all-weather access/maintenance road.
63. The owner shall give written consent to the annexation of the area shown wi:
boundaries of the site plan into the existing City of Carlsbad Street Light:
Landscaping District No. 1 on a form provided by the City.
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64. The developer shall submit proof that a Notice of Intention has been subm
the State Water Resources Control Board.
65. No grading shall occur outside the limits of the subdivision unless a grading (
easement is obtained from the owners of the affected properties. If the app
unable to obtain the grading or slope easement, no grading permit will be is!
that case the applicant must either amend the tentative map or modify the I
grading will not occur outside the project site in a manner which subs1
conforms to the approved tentative map as determined by the City Engin1
Planning Director.
66. 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
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standards.
67. Prior to hauling dirt or construction materials to or from the site, the develol:
submit to and receive approval from the City Engineer for the proposed hau
The developer shall comply with all conditions and requirements the City E
may impose with regards to the hauling operation.
68. The developer shall exercise special care during the construction phase of this
to prevent offsite siltation. Planting and erosion control shall be provj
accordance with the Carlsbad Municipal Code and the City Engineer.
69. Additional drainage easements may be required. Drainage structures s:
provided or installed prior to or concurrent with any grading or building pe
may be required by the City Engineer.
DedicationDmprovements:
70. 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 F
cost to the City. Streets that are already public are not required to be reded
71. The developer shall comply with the City’s requirements of the National PC
Discharge Elimination System (NPDES) permit. The developer shall provic
management practices to reduce surface pollutants to an acceptable level p
discharge to sensitive areas. Plans for such improvements shall be approved
City Engineer. The plans shall include, but not be limited to the following,
shall be included in the project’s CC&Rs:
a. The homeowner’s association shall coordinate the use of the City’s estab
program to assist residents with the removal and proper disposal of tox
hazardous waste products.
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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
drain or storm water conveyance systems. Use and disposal of pest
fungicides, herbicides, insecticides, fertilizers and other such ch,
treatments shall meet Federal, State, County, and City requireme
prescribed in their respective containers.
c. Best Management Practices shall be used to eliminate or reduce s’
pollutants when planning any changes to the landscaping and s
improvements. ~
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PC RES0 NO. 3880 -18-
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72. Plans, specifications, and supporting documents for all public improvements !
prepared to the satisfaction of the City Engineer. In accordance with City Sta
the developer shall install, or agree to install and secure with appropriate sec
provided by law, improvements shown on the tentative map and the fo
improvements:
a. Hidden Valley Road full width improvements (68’ Right of way/48’ (
curb width) from Calle Serena (formerly Cherry Blossom Road) to P
Airport Road, including:
a Asphalt/Concrete Pavement.
a Concrete Curb and Gutter.
a Concrete Sidewalk on one (1) side.
a Street Light Standards on both sides.
a Traffic Signal at Palomar Airport Road and Hidden Valley Ra
0 Retrofit/Open Existing Raised Median in Palomar Airport Ror
Hidden Valley Road secondary access width improvements (68’ Ri
way/28’ Berm to berm width) from Calle Serena (formerly Cherry B1
Road) to Camino De Los Ondas, including:
Asphalt/Concrete Pavement.
a Asphalt/Concrete Berms.
Note: The City will enter into an agreement with the developer to 1
proportionate share reimbursement from benefitting property owners
north of Camino de Las Ondas and to the south of the project, fi
Hidden Valley Road secondary access improvements.
b-1. Calle Serena (formerly Cherry Blossom Road) full width improvemen
Right of way/40’ Curb to curb width) from Hidden Valley Road I
southwest corner of the property, including:
a Asphalt/Concrete Pavement.
a Concrete Curb and Gutter.
0 Concrete Sidewalk on both sides.
a Street Light Standards.
a On-Site/Off-Site Calle Serena Asphalt/Concrete Transition.
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~ b-2. Calle Serena (formerly Cherry Blossom Road) secondary access improvements (72’ Right of way/52’ Curb to curb width) from Hidden ’
Road to ”A” Street, including:
a Asphalt/Concrete Pavement.
0 Concrete Curb and Gutter.
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1 ll 0 Concrete Sidewalk on both sides.
a Street Light Standards.
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Note: Roadway Improvement B-2 above will only be required if Poinsettia 1
not constructed prior to building permits being issued for Emerald
West. If Poinsettia Park is constructed, prior to building permit!
issued for Emerald Ridge West, then this widened roadway section F
be required (site specific secondary access will be gained through the 1
indicated on the tentative map.)
C. "A" Street full width improvements (60' Right of way/40' Curb to curb
from Calle Serena to the northern terminus, including:
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0 AsphaltlConcrete Pavement.
a Concrete Curb and Gutter.
a Concrete Sidewalk on both sides.
0 Street Light Standards.
d-1. "A" Street off-site, site specific secondary access improvement;
Easement/28' Berm to berm width) from the westerly property line to 1
Street /Calle Serena (Mar Vista) intersection, including:
AsphaltKoncrete Pavement.
0 Asphalt/Concrete Berms.
a On-Site/Off-Site "A" Street Asphalt/Concrete Transition.
d-2. Calle Serena (Mar Vista) off-site, site specific secondary access improvr
(30' Easement/28' Berm to berm width) from the "A" Street/Calle Serens
Vista) intersection to the westerly property line (located at the sou
corner of the property), including:
0 AsphalKoncrete Pavement.
0 AsphaltKoncrete Berms.
0 On-Site/Off-Site Calle Serena Asphalt/Concrete Transition.
e. Sewer and Drainage Alternative "A" or as determined by the C"D D
Engineer and City Engineer. Note: Prior to approval of the final m:
developer shall revise the map to eliminate Sewer/Stormdrain Alignme]
A list of the above improvements shall be placed on an additional map sheet 1
final map per the provisions of Sections 66434.2 of the Subdivision Mal
Improvements listed above shall be constructed within 18 months of approval
secured improvement agreement or such other time as provided in said agree
/1 PC RES0 NO. 3880 -20-
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1 Special Engineering Conditions:
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73. Tentative map easement items number's 7 and 14 shall not be vacated.
easements shall remain and this shall be indicated on the conforming tentatil
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74. Preliminary Title Report (PR) (PR dated 3/22/95) Item No. 6 shall be shown
conforming tentative map with the future disposition of the easement indic;
75. An Adjustment Plat shall be processed for the .37 acre "triangular" area loc
the proposed detentioddesilting basin west of Hidden Valley Road.
76. The developer shall enter into an "Agreement for Reimbursement of Costs
Construction of Poinsettia Park Off-Site Sewer, CMWD Project No. 94-404
proportional share of the total construction cost.
Water Conditions:
11 77. The entire potable water system., reclaimed water system and sewer system s:
evaluated in detail to insure that adequate capacity, pressure and flow demar
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78. The Developer shall be responsible for all fees, deposits and charges which 7 13
be met.
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.
15 for meter installation.
16 79. Sequentially, the Developers Engineer shall do the following:
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a. Meet with the City Fire Marshall and establish the fire prot
requirements. Also obtain G.P.M. demand for domestic and irrigational
from appropriate parties.
b. Prepare a colored reclaimed water use area map and submit to the Pk
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvl
plans, a meeting must be scheduled with the District Engineer for rl
comment and approval of the preliminary system layouts and usages (ie
- EDU).
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80. This project is approved upon the expressed condition that building permits w
be issued for development of the subject property unless the water district servi:
development determines that adequate water service and sewer facilities are ava
26 at the time of application for such water service and sewer permits will contir
be available until time of occupancy. This note shall be placed on the final n
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south to Cherry Blossom Road or 2) the construction of a gravity sewer pipe 2
81. The Developer shall be required to participate in either: 1) the constructic
gravity sewer pipeline in Hidden Valley Road extending from Palomar Airpor
Calle Serene (Sewer Alignment "A'), which is a future street proposed for tl
Vista Tract CT 94-11. 3
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82. The Developer shall construct a 12" potable water line (375' H.G.) in Hidden
Road from Palomar Airport Road to Cherry Blossom Road. Also, a water a
shall be required to establish the size of water lines in Cherry Blossom Road, 1
A, B and C. In any event, 8" diameter water lines will be minimum size inst
83. 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 reviewc
needs established.
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84. Prior to the issuance of building permits, complete building plans shall be sub
87. Applicant shall submit a site plan to the Fire Department for approval, which ( 16
86. Additional onsite public hydrants are required. 15
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Fire Conditions: 12
location of required, proposed and existing public water mains and fire hydrani 17 plan should include off-site fire hydrants within 200 feet of the project. ' 8 88. Applicant shall submit a site plan to depicting emergency of access routes, driv
to and approved by the Fire Department.
to and approved by the Fire Department.
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reasons he may, in the interest of public safety, require that construction oper 22
89. An all-weather unobstructed access road suitable for emergency service vehicle 20
and traffic circulation for Fire Department approval.
21 be provided and maintained during construction. When in the opinion of th
Chief, the access road has become unserviceable due to inclement weather or
cease until the condition is corrected.
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combustible building materials are located on the construction site.
91. Prior to final inspection, all security gate systems controlling vehicular access sf
26 equipped with "Knox", key operated emergency entry device. Applicant shall cc
the Fire Prevention Bureau for specifications and approvals prior to installat. 27
90. All required water mains, fire hydrants and appurtenances shall be operational 1
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PC RES0 NO. 3880 -22-
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the requirements of Section 17.04.020, Carlsbad Municipal Code. 2
92. Prior to building occupancy, private roads and driveways which serve as rc
access for emergency service vehicles shall be posted as fire lanes in accordan
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93. Native vegetation which presents a fire hazard to structures shall be modi:
removed in accordance with the City of Carlsbad Landscape Manual. Applical
submit a Fires Suppression plan to the Fire Department for approval.
94. Plans and/or specifications for fire alarm systems, fire hydrants, automal
sprinkler systems and other fire protection systems shall be submitted to tl
Department for approval prior to construction.
I 95. An approved automatic fire sprinkler system shall be installed in buildings ha1
aggregate floor area exceeding 10,000 square feet.
96. The applicant shall provide a street map which conforms to the fol
requirements: A 400 scale photo-reduction mylar, depicting proposed improvt
and at least two existing intersections or streets. The map shall also clearly
street centerlines, hydrant locations and street names.
97. 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 thc
to revoke or modify all approvals herein granted; deny or further condition is?
of all future building permits; deny, revoke or further condition all certificl
occupancy issued under the authority of approvals herein granted; institut
prosecute litigation to compel their compliance with said conditions or seek da
for their violation. No vested rights are gained by Developer or a succes,
interest by the City's approval of this Resolution.
l8 j/ Planning: Code Reminders:
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2o I/ Fees:
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Section 20.08.050 of the Carlsbad Municipal Code.
Final Map Notes:
98. The Developer shall pay park-in-lieu fees to the City, prior to the approval
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
99. The Developer shall pay a landscape plan check and inspection fee as requir
25 11 100. The Developer shall provide the following note on the final map of the subdi
26 I/ and final mylar of this development submitted to the City:
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"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Manage
Control Point for each General Plan land use designation. Development c'
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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 62 were used to calculate the intensity of development un
General Plan and Chapter 21.90. Subsequent redevelopment or resubdivisio~
one of these parcels must also include parcels 1 thru 62 under the General P.
Chapter 21.90 of the Carlsbad Municipal Code."
101. 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 pay
time special development tax in accordance with the City Council Resolution :
39."
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102. Approval of this request shall not excuse compliance with all applicable secl
the Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance? except as otherwise specifically provide herein.
103. 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:
104. 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.
Signs:
105. Any signs proposed for this development shall at a minimum be desigl
conformance with the City's Sign Ordinance and shall require review and ap
of the Planning Director prior to installation of such signs.
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PC RES0 NO. 3880 -24-
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e e
PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, held on the 17th day of January, 1996
following vote, to wit:
AYES: Chairperson Compas, Commissioners Erwin, Monroy, 1
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
L'L &@A
WILLIAM COMPAS, khaimerso.
CARLSBAD PIANNIkG COMMI
MICHAEL J. HOLZ~LER
Planning Director
PC RES0 NO. 3880 -25-