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HomeMy WebLinkAbout1996-06-05; Planning Commission; Resolution 3936e 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 , PLANNING COMMISSION RESOLUTION NO. 3936 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE A 56.3 A MINIMUM LOT SIZE OF 7,500 SQUARE FEET, THREE OPEN SPACE LOTS, A 28.9 ACRE REMAINDER PARCEL, PROPERTY GENERALLY LOCATED NORTH OF CAMINO DE LAS ONDAS, EAST OF HIDDEN VALLEY ROAD, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: EMERALD RIDGE EAST CASE NO: CT 95-05 WHEREAS, MSP California LLC has filed a verified application for ct ACRE PARCEL INTO SIXTY SINGLE-FAMILY LOTS WITH AND ALLOW NINZ SECOND-DWELLING UNITS, ALL ON 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; and WHEREAS, said verified application constitutes a request for a Tentative Ma subdivide a 56.3 acre parcel into sixty single-family lots with a minimum lot size of 7 square feet, three open space lots, a 28.9 acre remainder parcel, and allow nine sect dwelling units as shown on Exhibits "A-L", dated June 5, 1996, on file in the Plan] Department and incorporated by this reference ("Tentative Map for Emerald Ridge E: CT 95-05) as provided by Chapter 20.12 of the Carlsbad Municipal Code; and I e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I WHEREAS, the Planning Commission did on the 5th day of June, 1996, 1 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Commission considered all f; relating to the Tentative Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla 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 Commis RECOMMENDS APPROVAL of Carlsbad Tract CT 95-05, based 01 following findings and subject to the following conditions: Findings: 1. The Planning Director has found that, based on the EIA Part-11, this Subsequent PI was described in the MEIR 93-01 as within its scope; AND there will be no addit significant effect, not analyzed therein; AND that no new or additional mitig measures or alternatives are required; AND that therefore this Subsequent Projc within the scope of the prior EIR; and no new environmental document nor P Resources Code 2 108 1 findings are required. 2. The Planning Commission finds that: a. the project is a subsequent development as described in CEQA Guide 15 168(c)(2) and (e), and 15 183; b. the project is consistent with the General Plan Master EIR (MEIR 93-01) Zone 20 Specific Plan EIR (EIR 90-03); c. there were EIRs certified in connection with the prior 1994 General Update and Zone 20 Specific Plan; d. the project has no new significant environmental effect not analyzed as signif in the prior EIRs; e. none of the circumstances requiring Subsequent or a Supplemental EIR u CEQA Guidelines Sections 15 162 or 15 163 exist, PC RES0 NO. 3936 -2- 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 3. The Planning Commission finds that all feasible mitigation measures or p alternatives identified in the MEIR 93-01 and EIR 90-03 which are appropriate 1 Subsequent Project have been incorporated into this Subsequent Project. 4. The Planning Commission finds that the project, as conditioned herein for CT 95 in conformance with the Elements of the City's General Plan, based on the following a. The project is consistent with the City's General Plan since the proposed dc of 3.05 ddacre is less than the density range of 4 to 8 ddacre specified for tk as indicated on the Land Use Element of the General Plan, and is belo. growth control point of 6 du/acre. b. Circulation - The local streets serving the project have 56 to 76 feet of p right-of-way, and connect to Hidden Valley Road which is a non-16 collector street. All the local, collector, and major streets within this would be constructed to full public street width standards, and have I gutters, sidewalks, and underground utilities. The proposed street systl adequate to handle the project's pedestrian and vehicular traffic accommodate emergency vehicles. c. Noise - A noise study was completed for the project, and traffic noise Palomar Airport Road will not exceed 60 dBA CNEL except in the yards of Lots 8, 9, and 26. The developer is required to construct 5' noise walls along the tops of slope of these lots to mitigate exterior noi the 60 dBA CNEL level and to mitigate interior noise levels of the fl homes to 45 dBA CNEL. d. Housing - The project is consistent with the Housing Element of the Gel Plan and the Inclusionary Housing Ordinance since the Develop4 required to provide 10.588 affordable housing units and has conditioned to enter into an Affordable Housing Agreement to either construct 9 second dwelling units and deed restrict 1 three-bedroom h. (2) construct 9 second dwelling units and purchase 1 Affordable Hou Credit from Villa Loma subject to the requirements of City Council Pol No. 57 and 58 and final approval by the City Council. The remaining fraction of an inclusionary dwelling unit will be satisfied through payment of a fee equal to the fraction (.588) times the average subsidy ne' to make affordable to a lower-income household, one newly constru typical housing unit; or (3) purchase affordable housing credits from Loma for some or all of the project's inclusionary housing require] subject to the requirements of City Council Policies 57 and 58 and , approval by the City Council. e. Open Space and Conservation - The project is consistent with the Open S1 provisions of the General Plan and Zone 20 Specific Plan in that Lot which contains steep slopes possessing coastal sage scrub habitat and ~ I PC RES0 NO. 3936 -3 - e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 California gnatcatcher as well as two small finger canyons located with] subdivision, will be preserved in open space; slopes exceeding 40% wi be developed; the proposed hillside development relates to the slope c land which rises from west to east and preserves the existing finger caq mitigation measures that establish a physical barrier between residentia agricultural uses will be provided; the dedication of a trail easemeu Citywide Trail Link No. 31 along the northern property line will be reql: and the northern portion of the site located within the 65+ CNEL ai noise contour, where residential uses are an incompatible land u accordance with Palomar Airport CLUP, will be preserved as permk open space. Native habitat impacts have been reduced or mitigated by the design a project in that the preservation of .83 of the .97 acres of coastal sage 5 (CSS) habitat occupied by the gnatcatcher and located within Open f Lot 62 will be preserved by open space easement, and .47 of the .5 total of CSS habitat located within two small finger canyons will be prese, however, the USFWS has determined that this .5 acre site is impacted d the proposed surrounding development. Therefore, the loss of .64 acr CSS habitat would result from implementation of the project which wou mitigated through the purchase of credits in the Carlsbad High1 mitigation bank. The CSS loss is consistent with the City's draft Ha Management Plan (HMP) as follows: (1) That the habitat loss does not cumulatively exceed the 5% guidl established in the Draft Conservation Guidelines of the Draft Nai Community Conservation Plan (NCCP), in that the reduction o acres of CSS habitat from Carlsbad's 5% allocation (165.7 acres t does not exceed the remaining balance of 145.22 acres; (2) That the habitat loss will not preclude or prevent the preparatic the City's Habitat Management Plan, in that the area is not part Preserve Planning Area (PPA) or Linkage Planning Area (L makes no contribution to the overall preserve system, and will significantly impact the use of habitat patches as archipelagc stepping stones to surrounding PPAs; (3) That the loss will not preclude connectivity between areas of habitat value since this area is not included as a part of a Linl Planning Area (LPA); (4) That the habitat loss will not appreciably reduce the likelihood oj survival and recovery of listed wildlife species in the wild, in that : quality habitat equal to or greater in area and quality to disturbed will be preserved offsite; (5) That the habitat loss has been minimized and mitigated to maximum extent practicable in accordance with the mitiga PC RES0 NO. 3936 -4- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 established by the NCCP Guidelines, in that credit for .78 ac~ CSS habitat will be purchased for preservation in the Car Highland mitigation bank; (6) That the habitat loss is incidental to otherwise lawful activities, iL the proposed subdivision of Emerald Ridge East is consistent wit City's General Plan, the Subdivision Map Act, and the Zoning Subdivision Ordinances. f. Parks and Recreation - The project is required to pay park-in-lieu fees. g. Public Safety - The proposed project is required to provide sidewalks, 1 lights, and fire hydrants, as shown on the tentative map, or includt conditions of approval. 5. The project is consistent with the City-Wide Facilities and Improvements Plan applicable local facilities management plan, and all City public facility policie: ordinances since: a. The project has been conditioned to ensure that the final map will not be appl unless the City Council finds that sewer service is available to serve the pro In addition, the project is conditioned such that a note shall be placed on the map that building permits may not be issued for the project unless the Di Engineer determines that sewer service is available, and building cannot ( within the project unless sewer service remains available, and the Di Engineer is satisfied that the requirements of the Public Facilities Element c General Plan have been met insofar as they apply to sewer service for this prc b. Prior to final map approval the developer is conditioned to enter intl agreement with the appropriate school district to ensure that adequate sc facilities are available to serve the project. c. Park-in-lieu fees are required. d. All necessary public improvements have been provided or are require conditions of approval. e. The developer has agreed and is required by the inclusion of an approp condition to pay a public facilities fee. Performance of that contract and pay] of the fee will enable this body to find that public facilities will be avai concurrent with need as required by the General Plan. 6. The project has been conditioned to pay any increase in public facility fee, or construction tax, or development fees, and has agreed to abide by any additi requirements established by a Local Facilities Management Plan prepared pursuar Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabilil public facilities and will mitigate any cumulative impacts created by the project. I PC RES0 NO. 3936 -5- 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 e a 7. This project has been conditioned to comply with any requirement approved as part Local Facilities Management Plan for Zone 20. 8. The project is consistent with the Comprehensive Land Use Plan (CLUP) fc McClellan-Palomar Airport, dated April, 1994 in that the developer is condition record a notice concerning; aircraft noise and an avieation easement. The proj compatible with the projected noise levels of the CLUP; and, based on the noise/lar compatibility matrix of the CLUP, the proposed land use is compatible with the ai in that residential development is conditionally compatible within the 60 to 65 C and the project has been conditioned to mitigate interior noise levels to 45 CNEL. 9. That the project is consistent with the City's Landscape Manual, adopted by City Cc Resolution No. 90-384. 10. That the proposed map and the proposed design and improvement of the subdivisi conditioned, is consistent with and satisfies all requirements of the General Plan applicable specific plans, Titles 20 and 21 of the Calsbad Municipal Code, and the Subdivision Map Act, and will not cause serious public health problems, in tha proposed project is required to provide sidewalks, street lights, and fire hydran shown on the tentative map, or included as conditions of approval. The local st have adequate public right-of-way and connect to Hidden Valley Road which non-loaded collector street. All the local, collector, and major streets within area would be constructed to full public street width standards, and have t gutters, sidewalks, and underground utilities. The proposed street syste adequate to handle the project's pedestrian and vehicular traffic and accommt emergency vehicles. 11. That the proposed project is compatible with the surrounding existing and future uses since: 1) surrounding properties are designated for medium and low-me( residential density development and open space in the General Plan; 2) the projc compatible with the residentially designated Sudan Mission property to the and 3) the project is consistent with the Palomar Airport CLUP. Public s improvements, including Hidden Valley Road, would be provided to accommc traffic generated by the project. The single family units would be surrounded Hidden Valley Road to the west and open space easements along the north southern, and eastern property boundaries which would provide ample separa between land uses. 12. That the site is physically suitable for the type and density of the development sincl site is adequate in size and shape to accommodate residential development at the de proposed, in that the residential development complies with all city policies standards, including zoning, without the need for variances from developn standards. ... PC RES0 NO. 3936 -6- il a 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 13. That the design of the subdivision or the type of improvements will not conflicl easements of record or easements established by court judgment, or acquired k public at large, for access through or use of property within the proposed subdivisi that the project has been designed and conditioned such that there are no con with any established easements. 14. That the property is not subject to a contract entered into pursuant to the Conservation Act of 1965 (Williamson Act); 15. That the design of the subdivision provides, to the extent feasible, for future passj natural heating or cooling opportunities in the subdivision, in that the 7,500+ squarl lot sizes allow for a variety of building placement alternatives, including adequate placement and separation of the homes, in combination with the pro€ variety of future floor plans and the dominant western wind patternsholar radi, patterns, will allow utilization of natural heating and cooling opportunities. 16. That the Planning Commission has considered, in connection with the housing pro] by this subdivision, the housing needs of the region, and balanced those housing 1 against the public service needs of the City and available fiscal and environn resources; 17. That the design of the subdivision and improvements are not likely to cause subsk environmental damage nor substantially and avoidably injure fish or wildlife or habitat, in that all feasible mitigation measures or project alternatives identific the certified Final EIR 90-03 and MEIR 93-01 which are appropriate to this pr have been incorporated into the project and no significant impacts to fish, wil or their respective habitats will occur. 18. That the discharge of waste from the subdivision will not result in violation of exi California Regional Water Quality Control Board requirements, in that the drai requirements of Specific Plan 203, City ordinances, and Mello I1 have considered and appropriate drainage facilities have been designed and secured addition to City Engineering Standards and compliance with the City's M: Drainage Plan, National Pollution Discharge Elimination System (NPI standards will be satisfied to prevent any discharge violations. 19. The Planning Commission has reviewed each of the exactions imposed on Developercontained in this resolution, and hereby finds, in this case, that the exacl are imposed to mitigate impacts caused by or reasonably related to the project, an( extent and the degree of the exaction is in rough proportionality to the impact cause the project. 20. That the property cannot be served adequately with a public street without panhandle due to unfavorable conditions resulting from unusual topography, surrounding development, or lot configuration, in that the panhandle lots are located between a proposed for open space preservation due to the presence of sensitive habita steep slopes. This results in developable land that cannot be served adequately 1 a public street. PC RES0 NO. 3936 -7- e m 1 21. That subdivision with panhandle lots will not preclude or adversely affect the abil property, in that the lots are located between two cul-de-sac bulbs and are borl along the east by undevelopable slopes. 2 provide full public street access to other properties within the same block of the SI 3 4 5 6 7 8 9 10 22. That the buildable portion of the panhandle lot consists of a minimum of 8,000 sq, which meets the requirements of Section 21.10.080(d)(l) of the Carlsbad Mun Code. 23. The project, as designed, implements certain objectives and mitigation mea established by the General Plan Master EIR to reduce cumulative air ql impacts as applicable to a residential project of this scale. These include: prov links to public sidewalk systems; providing for safe pedestrian and b: movements within the project; and designing the project to accommc pedestrian spaces as well as proposed parking areas and building locations. l1 ll Planning Conditions: 12 13 14 15 16 17 1. The Planning Commission does hereby recommend approval of the Tentative for the CT 95-05 project entitled "Emerald Ridge East". (Exhibit "A" - "L" on f the Planning Department and incorporated by this reference, dated June 5, 1996), SI to the conditions herein set forth. Staff is authorized and directed to make or requil Developer to make all corrections and modifications to the exhibitdor documenl necessary to make them internally consistent and conform to City Council's final a on the project. Development shall occur substantially as shown on the approved exh Any proposed development substantially different from this approval, shall requi amendment to this approval. 18 19 2. The Developer shall comply with all applicable provisions of federal, state, and ordinances in effect at the time of building permit issuance. 20 Maps and Exhibits: 21 22 23 24 25 26 3. The Developer shall provide the City with a reproducible 24" x 36", mylar copy o Tentative Map as approved by the final decision making body. The Tentative shall reflect the conditions of approval by the City. The Map copy shall be submitt the City Engineer and approved prior to building, grading, final map, or improve plan submittal, whichever occurs first. 4. The Developer shall provide the Planning Director with a 500' scale mylar o subdivision prior to the recordation of the final map. Said map shall show all lots streets within and adjacent to the Project. 27 28 5. The Developer shall include, as part of the plans submitted for any permit plan che reduced, legible version of the approving resolutiodresolutions on a 24" x 36" blu PC RES0 NO. 3936 -8- 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 drawing. Said blueline drawing(s) shall also include a copy of any applicable Cc Development Permit and signed approved site plan. Facilities & Services: 6. The Developer shall pay the public facilities fee adopted by the City Council on Jul 1987 (amended July 2, 1991) and as amended from time to time, and any develor fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mun Code or other ordinance adopted to implement a growth management system or Fac and Improvement Plan and to fulfill the subdivider's agreement to pay the public fac fee dated October 3, 1995, a copy of which is on file with the City Clerk a incorporated by this reference. If the fees are not paid, this application will n consistent with the General Plan and approval for this project will be void. 7. The final map shall not be approved unless the City Council finds as of the time of approval that sewer service is available to serve the subdivision. 8. Building permits will not be issued for development of the subject property unles District Engineer determines that sewer facilities are available at the time of applic for such sewer permits and will continue to be available until time of occupancy. A 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, whick occurs first, the Developer shall submit evidence to the Planning Director that impa school facilities have been mitigated in conformance with the City's Growth Managc Plan to the extent permitted by applicable state law. If the mitigation invol financing scheme such as a Mello-Roos Community Facilities District whil inconsistent with the City's Growth Management Plan including City Council E Statement No. 38, the Developer shall disclose to future owners in the project, 1 maximum extent possible, the existence of the tax and that the school district is the t agency responsible for the financing district. 10. This project shall comply with all conditions and mitigation measures which are req as part of the Zone 20 Local Facilities Management Plan and any amendments ma that Plan prior to the issuance of building permits. General: 1 1. If any condition for construction of any public improvements or facilities, or the pa) of any fees in lieu thereof, imposed by this approval or imposed by law on this resid housing project are challenged this approval shall be suspended as providc Government Code Section 66020. If any such condition is determined to be invali approval shall be invalid unless the City Council determines that the project witho- condition complies with all requirements of law. ... PC RES0 NO. 3936 -9- II a 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 12. Approval of CT 95-05 is granted subject to Coastal Commission approval of L 94-04 and approval of SDP 95-11 and HDP 95-12. CT 95-05 is subject t conditions contained in Planning Commission Resolutions No. 3937 and 3938. 13. The Developer shall establish a homeowner's association and corresponding cover conditions and restrictions. Said CC&Rs shall be submitted to and approved b Planning Director prior to final map approval. The CC&Rs shall include provi specifying Homeowner's Association maintenance responsibility for all natural space (Lots 61 and 62), slope maintenance and landscape easements identified o approved Tentative Map as L.O.S.E. and Open Space Lot 63, and in accord with the tentative map landscape plan which is on file in the Planning Depart] or as conditioned by this resolution. 14. The Developer shall provide a minimum of 25 percent of the lots with adequate sid area for Recreational Vehicle storage pursuant to City Standards. The CC&Rs prohibit the storage of recreational vehicles in the required front yard setback. 15. Prior to issuance of any building permits for the project the Developer shall re approval of a Site Development Plan (SDP) by the Planning Commissic accordance with Chapter 21.06 of the Carlsbad Municipal Code. The single4 homes within this tentative map shall be consistent with the Zone 20 Specific architectural guidelines and the Hillside Development Ordinance architec guidelines, and be developed consistent with the project's approved SDP. t otherwise approved through the future Site Development Plan process, the lots not be sold for the purpose of developing individual custom homes on each sep lot. 16. The applicant shall submit a wall and fencing plan, which is consistent wit required uniform wall locations shown on Exhibit "A", for Planning Dir approval prior to issuance of building permits. 17. The Developer shall provide bus stops to service this development at locations anc reasonable facilities to the satisfaction of the North County Transit District an Planning Director. Said facilities, if required, shall at a minimum include a bend from advertising, and a pole for the bus stop sign. The bench and pole shall be des to enhance or be consistent with the basic architectural theme of the project. 18. The Developer shall display a current Zoning and Land Use Map in the sales office times, or suitable alternative to the satisfaction of the Planning Director. 19. All sales maps that are distributed or made available to the public shall include but 1 limited to trails, future and existing schools, parks, and streets. 20. The developer shall provide notices to all hture homebuyers within the specific p the existence and possible impacts from, among other things, lights, noise, traffi circulation, the neighboring Poinsettia Community Park and the school proposed 1 Carlsbad Unified School District. The form of this notification shall be approved 1 Planning Director and included in the CC&Rs for the project and proof of service o PC RES0 NO. 3936 -10- a 0 1 notification upon purchasers shall be made to the satisfaction of the Planning Direct( 2 Landscape: 3 4 5 6 7 21. The Developer shall prepare a detailed landscape and irrigation plan in conformancc the approved Preliminary Landscape Plan and the City's Landscape Manual. The shall be submitted to and approval obtained from the Planning Director prior 1 approval of the final map, grading permit, or building permit, whichever occurs first Developer shall construct and install all landscaping as shown on the approved plan maintain all landscaping in a healthy and thriving condition, free from weeds, trasl debris. 8 9 22. The first submittal of detailed landscape and irrigation plans shall be accompanied I project's building, improvement, and grading plans. 10 11 12 13 14 15 23. All building pad and street areas that are graded and remain vacant or undeve for a period of more than 6 months after the grading operation is completed sh seeded and adequately irrigated to reduce erosion and visual impacts. If grad phased, the six month time period shall start at the completion of each indiw grading phase, subject to the review and approval of the Planning Director. 24. All landscaping shall comply with the Landscape Requirements of Specific Plan 20: Contingency Permitdother Agencies: 16 17 18 19 20 21 22 23 25. Prior to approval of the Final Map, the Developer shall receive approval of a Cc Development Permit issued by the California Coastal Commission that substar conforms to this approval. A signed copy of the Coastal Development Permit ml submitted to the Planning Director. If the approval is substantially differen amendment to CT 95-05 shall be required. 26. Prior to approval of the final map, the Developer shall be required: (1) to consult wi United States Fish and Wildlife Service (USFWS) regarding the impact of the projc the Coastal California Gnatcatcher and Coastal Sage Scrub Habitat; and, 2) obtai permits required by the USWFS. Environmental: 24 25 28 27 28. The Developer shall implement, or cause the implementation of the Zone 20 Final 26 this resolution to be feasible. 27. The Developer shall diligently implement, or cause the implementation of, all mitig measures identified in the Zone 20 Final EIR 90-03 and MEIR 93-01 that are foul (EIR 90-03) Mitigation Monitoring and Reporting Program. ... PC RES0 NO. 3936 -1 1- m 1) 1 2 29. Paleontology: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I ~ l 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 to 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. 17 30. Prior to the recordation of the first final map or the issuance of building pen 18 whichever occurs first, the Developer shall prepare and record a Notice that this pro] may be subject to noise impacts from the Palomar Airport Road Transport; 19 Corridor in a form meeting the approval of the Planning Director and City Attorney. 20 21 22 23 24 3 1. Prior to the recordation of the first final map or the issuance of building per whichever occws first, the Developer shall prepare and record a Notice that this pro] is subject to overflight, sight, and sound of aircraft operating from McClellan-Palc Airport in a form meeting the approval of the Planning Director and the City Attomeq 32. Prior to issuance of building permits, the Developer shall record an Avigation Easel for all lots located within the 60 to 65 CNEL contour to the County of San Diego file a copy of the recorded document with the Planning Director. 25 33. The Developer shall post aircraft noise notification signs in all sales andor rental of associated with the new development. The number and locations of said signs sha 26 approved by the Planning Director. 27 34. In accordance with the Emerald Ridge East Noise Assessment performed by Pa 28 Noise Control, prior to occupancy of any of the dwelling units, the developer s PC RES0 NO. 3936 -12- a 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 construct a minimum 5' high noise barrier wall along the tops of slope of Lots and 26 as shown on Exhibit "A". The design of the wall shall be included i required fence plan (see Condition No, 16) to be approved by the Planning Dire 35. Prior to issuance of a building permit the developer shall mitigate the interior levels of the homes to 45 dBA CNEL, in accordance with the policies of the I Element of the General Plan and the recommendation of the project's noise s prepared by Pacific Noise Control, dated September 26, 1995, and on file i~ Planning Department. If openings to the exterior of the homes are required closed to meet the interior noise standard then mechanical ventilation sha provided. 36. To offset the conversion of non-prime agricultural land to urban land uses pe requirements of the Mello I1 Local Coastal Program, the applicant shall prl payment of an agricultural mitigation fee, the amount of which shall not be less $5,000 nor more than $10,000 for each net converted acre of non-prime agricul land. The amount of the fee shall be determined by the City Council pric approval of the final map and shall be consistent with the provisions of Carlsl LCP. The fee shall be paid prior to final map or issuance of a grading pe whichever occurs first. 37. Compliance with APCD Rules 51 (The "Nuisance" Rule), 52 (Particulate Ma and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate impacts generated during grading operations. A note shall be placed on the gra permit stipulating that the following measures shall be required to ad 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. d. All construction activities shall be limited during periods of high winds. e. All heavy-duty, diesel-powered construction equipment shall be operated according to manufacturers suggested operating instruction (with the fuel-injection timing retarded to recommended levels for NO, emissions, but which would not result in excessive visible smoke emissions) in order to control pollutant emissions. PC RES0 NO. 3936 -13- 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 e a ... f. Construction equipment shall be subject to regularly scheduled maintenancejtune-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. h. The Engineering Department shall monitor for compliance during all grading operations of the project. 38. The Homeowner's Association shall obtain and distribute to owners and tel annual information from Caltrans and North County Transit regarding availability of public transportation, ride-sharing, and transportation PO' services in the area. This information shall also be provided in the sales office a project. A condition so stating this shall also be placed in the CC&Rs fo~ project. 39. Prior to occupancy of individual units, a solid wall or fence and landsc windbreaks shall be installed along the perimeter of any future developable that abuts property under "open field" cultivation, in order to reduce p nuisance effects of adjacent pesticide spraying and dust generation from . vehicles and operations. 40. Prior to approval of a final map or issuance of a building permit, which ever oc first, an infrastructure improvement plan shall be submitted to the Planning Engineering Departments for review and approval by the Planning Director City Engineer. This plan shall illustrate the temporary road connections reql to maintain continued access to adjacent agricultural properties that coulc impacted by future roadway improvements. 41. Drainage water from buildings, streets, parking lots, and landscaped areas wi the project shall be disposed of through stormdrains or otherwise in a manner will avoid any runoff onto agricultural areas whether planted or fallow. All ru agricultural and urban shall conform with the National Pollution Discharge Elimination System Permit requirements pursuant to San Diego Regional W Quality Control Board Order No. 90-42, adopted by City Council Resolution No 235. 42. Prior to issuance of a building permit the project shall comply with the Cit Carlsbad's standards for solid waste management. 43. Prior to approval of the final map or issuance of building permits, whichever oc first, the applicant shall notify, to the satisfaction of the Planning Director and Attorney, all owners, users and tenants of this project that this area is subjec PC RES0 NO. 3936 -14- I a 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 dust, pesticides, and odors associated with adjacent agricultural operations that the owners, users, and tenants occupy this area at their on risk. 44. All grading shall comply with the recommendations incorporated by Geosoils in the preliminary geotechnical assessment of the site dated September 6, 199~ any amendments or updates of the report, that is on file in the Plal Department. 45. Prior to approval of a final map, improvement plans shall be submitted ts Engineering Department showing locations and sizing of reclaimed and or u runoff diversion facilities, in accordance with the Carlsbad Municipal T District requirements and the phasing schedule provided in the Zone 20 LF. Reclaimed water facilities shall be constructed in all major roadways withil project. 46. Prior to approval of the Site Development Plan for the project, as require Chapter 21.06 of the Carlsbad Municipal Code, the general visual design guidc identified on Table 3.13.1 of Final EIR 90-03, the hillside architectural standar SP 203, and the hillside architectural design requirements of Carlsbad Muni Code Section 21.95.060(g) shall be incorporated into the proposed architectur lots 1-60. The site plan shall include a 15' minimum setback from the top of : on lots adjacent to Hidden Valley Road and Open Space Lot No. 61 and include, but not be limited to, the following measures: (1) varying rooflines and massing; (2) enhanced rear building elevations that are visible from Pal( Airport Road; (3) increased landscape screening; (4) earth tone roof and buil wall material and colors; (5) increased building separation; and (6) single I elements on at least 50% of the building coverage on lots abutting Hidden V Road. 47. Prior to approval of the final map the developer shall dedicate Open Space LOI 63 to the Homeowner's Association and dedicate a perpetual open space easel over Open Space Lots No. 61 and 62 to the City of Carlsbad. 48. Removal of native vegetation and development of Open Space Lot No. 62, inch but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, landscaping, is specifically prohibited, except upon written order of the Carl! Fire Department for fire prevention purposes, or upon written approval of Planning Director, and (California Coastal Commission if in Coastal Zone), b upon a request from the Homeowner's Association accompanied by a report frc qualified arboristhotanist indicating the need to remove specified trees an plants because of disease or impending danger to adjacent habitable dwelling u For areas containing native vegetation the report required to accompany request shall be prepared by a qualified biologist. 49. Prior to approval of a final map the Developer shall establish an open SI easement, as shown on the Tentative Map, and deed restriction along the rea PC RES0 NO. 3936 -1 5- a a 1 2 3 4 5 6 7 Lots 27, 28,29,30, 34, 35,36,37, 46, 47, 48, and 49 for purposes of native h. protection and fire suppression as shown on the tentative map. No develol shall be permitted in this bufferlopen space easement, including; future regradj the building pad and manufactured slopes, the construction of habitable and habitable accessory structures, patio covers, pool rooms, solariums, and sei story decks and balconies, wooden decks and spas 42 inches above grade, anc other structures that require a building permit. Screen walls/fences, landscapi accordance with the approved fire suppression plan for the project, hard features such as brick or cement walkways and patios, pool equipment, and 2 level pools and spas shall be permitted. In addition, the CC&Rs for the project stipulate the above mentioned restrictions. 81 9 10 11 12 13 14 50. Prior to approval of the final map, the Developer shall provide an irrevocable of dedication to the City of Carlsbad for a trail easement for the citywide tr shown on the tentative map within Open Space Lot 61. If prior to final ma] City has a funding mechanism for trail maintenance and liability and accept dedication of the trail easement, the Developer shall be required to construc trail improvements prior to occupancy (i.e. first unit, of any building, etc.), an1 City will assume responsibility for trail maintenance and liability. If however, 1 to final map the City does not have a financing mechanism in place to maintenance and liability for the citywide trail system, the Developer shal required to provide adequate security through bonds, letters of credit, cash or c acceptable security for the trail improvements. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1. .64 acres of coastal sage scrub (CSS) habitat occupied by the gnatcatcher wi directly impacted by this project. Pursuant to the Interim Take provisions oj 4d Rule for the California gnatcatchers, the project shall be required to mitigate take of .64 acres of CSS by acquiring for preservation comparable quality habit a 1:l (.5 acres) and 2:l (.14 acres) ratio. Prior to the recordation of the first tract map, the applicant shall mitigate this impact by purchasing for preservs .78 acres of comparable quality CSS habitat within the high quality, coastal scrub area found in the Carlsbad Highlands mitigation bank upon approval oi US Fish and Wildlife Service (USFWS), the California Department of Fish Game, and the City of Carlsbad. Housing: 52. Prior to the approval of the final map for any phase of this project, or where a map i5 being processed, prior to the issuance of building permits for any lots or units, Developer shall enter into an Affordable Housing Agreement with the City to provide deed restrict 9 lots for second dwelling units (including: Lots 2, 12, 17, 23, 28, 35 49,56) and one three-bedroom home as appropriate, as affordable to lower inc households for the useful life of the dwelling unig pursuant to Carlsbad Munic Code Section 21.10.015 and in accordance with the requirements and process forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Afford: PC RES0 NO. 3936 -16- 0 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ I I Housing Agreement shall be submitted to the Planning Director not later than 1 (30) days after the final map submittal. The recorded Affordable Ho Agreement shall be binding on all future owners and successors in interest; 01 Prior to approval of the final map for any phase of this project, or where a m not being processed, prior to the issuance of building permits for any lots or I the developer shall enter into an agreement with the City to deed restrict 9 st dwelling units (including: Lot 2, 12,17,23,28,35, 41, 49, and 56) and the purl of 1 Affordable Housing Credit in Villa Loma, as appropriate, in accordance the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Codc Zone 20 Specific Plan, and City Council Policies 57 and 58 dated Septembc 1985. Prior to City Council approval, the developer shall submit a si Affordable Housing Agreement to the Housing and Redevelopment Director. recorded Affordable Housing Agreement shall be binding on all future owner$ successors in interest; OR Upon showing by the developer that an onsite contribution is not appropriat the project, a second inclusionary housing option available to the developer sh; that prior to final map approval, the developer shall enter into an agreement the City to purchase affordable credits from Villa Loma or participate in an 01 combined inclusionary project within the southwest quadrant and as approprial accordance with the requirements set forth in Chapter 21.85 of the Carl Municipal Code, the Zone 20 Specific Plan, and City Council Policies 57 an dated September 12, 1985. Prior to City Council approval, the developer submit a signed Affordable Housing Agreement to the Housing and Redevelop] Director. The recorded Affordable Housing Agreement shall be binding 01 future owners and successors in interest. 53. Prior to City review and approval of the offsite option, the approval of a Spe Plan amendment to SP 203 shall be required to designate the proposed 01 combined inclusionary project as an approved location for the provisiol affordable units to satisfy the inclusionary requirements of Zone 20 properties. 54. The Developer shall construct the required inclusionary units concurrent with project's market rate units, unless both the final decision making authority of the City the Developer agree within an Affordable Housing Agreement to an alternate sche for development. Engineering Conditions: General: 55. There shall be one final subdivision map recorded for this project. Note: Unless specifically stated in the condition, all of the following engineering conditi upon the approval of this proposed major subdivision, must be met prior to approval of a j PC RES0 NO. 3936 -1 7- 0 e 1 map. 2 Planning Commission or City Engineer which has been brought against the City 7 4 56. The developer shall defend, indemnify and hold harmless the City and its agents, of 3 and employees from any claim, action or proceeding against the City or its a officers, or employees to attack, set aside, void or null an approval of the Cit 5 I1 the time period provided for by Section 66499.37 of the Subdivision Map Act. 6 FeedAgreements: 7 57. A funding mechanism for the full improvements for Poinsettia Lane and Alga must be approved or fees paid, in conformance with the updated Zone 20 1 8 9 Facilities Management Plan funding program. 58. Prior to issuance of a building permit for any buildable lot within the subdivisiol 10 property owner shall pay a one-time special development tax in accordance with Council Resolution No. 9 1-3 9. 11 12 59. The developer shall pay all current fees and deposits required. 13 14 15 16 , 60. The owner of the subject property shall execute an agreement holding the City hm I regarding drainage across the adjacent property. ~ 61. The owner shall give written consent to the annexation of the area shown withi boundaries of the site plan into the existing City of Carlsbad Street Lighting Landscaping District No. 1 on a form provided by the City. 17 19 62. The developer shall submit proof that a Notice of Intention has been submitted tc 18 Grading: State Water Resources Control Board. 20 64. Prior to hauling dirt or construction materials to or from the site, the developer 22 and receive approval for grading plans in accordance with City codes and standards. 21 63. Based upon a review of the proposed grading and the grading quantities shown 01 tentative map, a grading permit for this project is required. The developer must sc 23 24 27 65. The owner shall make an offer of dedication to the City for all public streets 26 Dedication/Improvements: 25 impose with regards to the hauling operation. easements required by these conditions or shown on the tentative map. The offer sha made by a certificate on the final map for this project. All land so offered shal 28 granted to the City free and clear of all liens and encumbrances and without cost tc submit to and receive approval from the City Engineer for the proposed haul route. developer shall comply with all conditions and requirements the City Engineer PC RES0 NO. 3936 -18- I 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 I City. Streets that are already public are not required to be rededicated. 66. Drainage outfall end treatments for any drainage outlets where a direct access ro maintenance purposes is not provided, shall be designed and incorporated int gradinghmprovement plans for the project. These end treatments shall be designed to prevent vegetation growth from obstructing the pipe outfall. Designs could consi: modified outlet headwall consisting of an extended concrete spillway section longitudinal curbing and/or radially designed rip-rap, or other means deemed appro1 as a method of preventing vegetation growth directly in front of the pipe outlet, satisfaction of the Community Services Director and the City Engineer. 67. The developer shall comply with the City's requirements of the National Pol. Discharge Elimination System (NPDES) permit. The developer shall provide management practices as referenced in the "California Storm Water Best Managc Practices Handbook" to reduce surface pollutants to an acceptable level prior to disc to sensitive areas. Plans for such improvements shall be approved by the City Engi Said plans shall include but not be limited to notifying prospective owners and tena the following: a. All owners and tenants shall coordinate efforts to establish or work established disposal programs to remove and properly dispose of toxic hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor antifreeze, solvents, paints, paint thinners, wood preservatives, and other fluids shall not be discharged into any street, public or private, or into storm or storm water conveyance systems. Use and disposal of pesticides, fungi( herbicides, insecticides, fertilizers and other such chemical treatments shall Federal, State, County and City requirements as prescribed in their respe containers. c. Best Management Practices shall be used to eliminate or reduce surface pollu when planning any changes to the landscaping and surface improvements. 68. Plans, specifications, and supporting documents for all public improvements sha prepared to the satisfaction of the City Engineer. In accordance with City Standards developer shall install, or agree to install and secure with appropriate security as pro\ by law, improvements shown on the tentative map and the following improvements: l a. Hidden Valley Road full width improvements (68' Right of way/48' Cur ~ curb width) from "F" Street to Palomar Airport Road, including: AsphaltKoncrete Pavement. Concrete Sidewalk on one (1) side. 0 Street Light Standards on both sides. 0 Traffic Signal at Palomar Airport Road and Hidden Valley Road. Concrete Curb and Gutter. PC RES0 NO. 3936 -19- I il) e ' (I 0 RetrofiUOpen Existing Raised Median in Palomar Airport Road. 2 3 4 5 6 7 8 9 10 11 b. Hidden Valley Road secondary access width improvements (68' Rig way/28' Berm to berm width) from "F" Street to Camino De Los 0 including: e AsphaltlConcrete Pavement. 0 Asphalt/Concrete Berms. c. Street "A" full width improvements between "D" & "E" Streets (60' I; of-way /40' Curb-to-curb width) and the remainder of "A" Street (56' 1 of way/36' Curb to curb width), including: e AsphalKoncrete Pavement. e Concrete Curb and Gutter. e Concrete Sidewalk on both sides. 0 Street Light Standards. 12 13 width), including: d. "B" Street full width improvements (56' Right of way/36' Curb to 14 15 16 17 18 19 20 21 22 23 24 25 26 0 Asphalt/Concrete Pavement. e Concrete Curb and Gutter. e Concrete Sidewalk on both sides. e Street Light Standards. e. "C" Street full width improvements (51' Right of way/36' Curb to ( width), including: 0 AsphaWConcrete Pavement. e Concrete Curb and Gutter. 0 Concrete Sidewalk on one side. e Street Light Standards. f. "D" Street full width improvements (56' Right of way/36' Curb to t width), including: e Asphalt/Concrete Pavement. e Concrete Curb and Gutter. 0 Concrete Sidewalk on both sides. e Street Light Standards. I 27 28 g- "E" Street full width improvements (56' Right of way/36' Curb to c width), including: II PC RES0 NO. 3936 -20- II e e 1 2 3 4 5 6 7 8 9 10 11 0 AsphaWConcrete Pavement. 0 Concrete Curb and Gutter. 0 Concrete Sidewalk on both sides. a Street Light Standards. h. "F" Street full width improvements (76' Right of way/56' Curb to width), including: 0 Asphalt/Concrete Pavement. e Concrete Curb and Gutter. e Concrete Sidewalk on both sides. 0 Street Light Standards. 0 8' Raised Median A list of the above improvements shall be placed on an additional map sheet on the map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improve1 listed above shall be constructed within 18 months of approval of the se improvement agreement or such other time as provided in said agreement. ' 2 )I Special Engineering Conditions: 13 69. Tentative map easement items number's 7 and 14 shall not be vacated. 'I 14 15 easements shall remain and this shall be indicated on the conforming tentative m 70. An Adjustment Plat shall be processed for the .37 acre "triangular" area locat 16 the proposed detentioddesilting basin west of Hidden Valley Road. 17 71. The developer shall provide for sight distance corridors at all street intersectiol 18 accordance with Engineering Standards and shall record the following stateme: the project's CC&Rs: 19 20 21 "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches abovl street level may be placed or permitted to encroach within the area identified sight distance corridor in accordance with City Standard Public Street-Dc I Criteria, Section 8.B.3. The underlying property owner shall maintain 22 23 condition." Fire Conditions: 24 25 26 27 28 72. The applicant shall provide additional public fire hydrants at intervals of 500 feet a public streets and/or private driveways. Hydrants should be located at street intersec when possible, but should be positioned no closer than 100 feet from terminus of a : or driveway. 73. Applicant shall submit a site plan to the Fire Department for approval, which de] location of required, proposed and existing public water mains and fire hydrants. plan should include off-site fire hydrants within 200 feet of the project. PC RES0 NO. 3936 -21- I I1 e 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 ... 74. An all weather, unobstructed access road suitable for emergency service vehicles SI provided and maintained during construction. When in the opinion of the Fire Chic access road has become unserviceable due to inclement weather or other reasons, he in the interest of public safety, require that construction operations cease unt condition is corrected. 75. A1 required water mains, fire hydrants and appurtenances shall be operational 1 combustible building materials are located on the construction site. 76. Prior to final inspection, all security gate systems controlling vehicular access sh equipped with a "Knox," key-operated emergency entry device. Applicant shall c( the Fire Prevention Bureau for specifications and approvals prior to installation. 77. Prior to issuance of the building permits, the applicant shall obtain fire depar approval of a wildland fuel management plan. The plan shall clearly indicate me proposed to mitigate and manage fire risk associated with native vegetation grc within 60 feet of structures. The plan shall reflect the standards presented in th suppression element of the City of Carlsbad Landscape Guidelines Manual. Prior to occupancy of building, all wildland fuel mitigation activities must be compl and the condition of all vegetation within 60 feet of structures found to be in conforn with an approved wildland fuel management plan. 78. The applicant shall provide a street map which conforms to the following requiremc A 400 scale photo-reduction mylar, depicting proposed improvements and at leas existing intersections or streets. The map shall also clearly depict street center. hydrant locations and street names. Water Conditions: 79. The entire potable water system, reclaimed water system and sewer system sha evaluated in detail to insure that adequate capacity, pressure and flow demands CE met. 80. The Developer shall be responsible for all fees, deposits and charges which wi! collected before and/or at the time of issuance of the building permit. The San C County Water Authority capacity charge will be collected at issuance of applicatiol meter installation. 8 1. Sequentially, the Developer's Engineers shall do the following: a. Meet with the City Fire Marshal and establish the fire protection requireme Also obtain GPM demand for domestic and irrigational need from approp parties. b. Prepare a colored reclaimed water use area map and submit to the Plan PC RES0 NO. 3936 -22- II e e 1 c. Prior to the preparation of sewer, water and reclaimed water improvement pl, 2 Department for processing and approval. 3 4 meeting must be scheduled with the District Engineer for review, commen approval of the preliminary system layouts and usages (i.e., GPM - EDU). 82. This project is approved upon the expressed condition that building permits will r development determines that adequate water service and sewer permits will contir 5 issued for development of the subject property unless the water district servin 6 7 be available until time of occupancy. This note shall be placed on the final map. 8 83. The Developer shall be required to construct a gravity sewer pipeline in Hidden V Road extending from Palomar Airport Road to approximately Station 62+40. 9 10 11 12 13 14 84. The Developer shall be required to construct a 12" potable waterline (375' Hc Hidden Valley Road extending from Palomar Airport Road to its sout property line. Also a water analysis shall be required to establish the size of wate- in the entry street and in Streets A, B, C, D and E. In any event, 8'' diameter watel will be the minimum size required. 85. The developer shall construct a 12" reclaimed waterline (384' HG) in Hidden V Road from Palomar Airport Road to its southerly property line and shall i~ reclaimed waterlines deemed necessary after the colored use map is reviewed and I are established. ' 5 17 16 Final Mar, Notes: final mylar of this development submitted to the City: 86. The Developer shall provide the following note on the final map of the subdivisior 18 19 20 21 "Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Manage, Control Point for each General Plan land use designation. Development cannot ex the Growth Control Point except as provided by Chapter 21.90. The land use design: for this development is RM. The Growth Control Point for this designation is 6 dwe units per nonconstrained acre. 22 87. Parcels 1 thru 63 were used to calculate the intensity of development under the Gel Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of t 23 24 parcels must also include parcels 1 thru 63 under the General Plan and Chapter 21.9 the Carlsbad Municipal Code." 25 88. The following note shall be placed on the Final Map: "Prior to issuance of a buil permit for any buildable lot within the subdivision, the Developer shall pay a one- 26 special development tax in accordance with the City Council Resolution No. 91 -39.'' 27 // 89. The developer shall place the following notes on a non-mapping data sheet of the i 28 map: PC RES0 NO. 3936 -23- e a 1 ... 2 a. 3 4 5 6 7 b. This subdivision contains a remainder parcel. No building permit shall be : for the remainder parcel until it is further subdivided pursuant to the provisit Title 20 of the Carlsbad Municipal Code. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches : the street level may be placed or permitted to encroach within the area ;der as a sight distance corridor in accordance with City Standard Public Street-C Criteria, Section 8.B.3. The underlying property owner shall maintair condition. 8 90. Approval of this request shall not excuse compliance with all applicable sections ( 9 Code Reminders: 10 Zoning Ordinance and all other applicable City ordinances in effect at time of bui permit issuance, except as otherwise specifically provide herein. 11 12 13 14 15 91. The Developer shall submit a street name list consistent with the City's street name r- subject to the Planning Director's approval prior to final map approval. 92. The developer shall exercise special care during the construction phase of this projt prevent offsite siltation. Planting and erosion control shall be provided in accorc with the Carlsbad Municipal Code and the City Engineer. 16 j/ Landscape: 17 18 19 20 21 22 93. All landscape and irrigation plans shall be prepared to conform with the Lands Manual and submitted per the landscape plan check procedures on file in the Plan Department. Signs: 94. Any signs proposed for this development shall at a minimum be designed in conform with the City's Sign Ordinance and shall require review and approval of the Plan Director prior to installation of such signs. 23 95. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the 24 Fees: 25 map as required by Chapter 20.44 of the Carlsbad Municipal Code. 26 96. The Developer shall pay a landscape plan check and inspection fee as required by Sec 27 28 20.08.050 of the Carlsbad Municipal Code. PC RES0 NO. 3936 -24- If * e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pk Commission of the City of Carlsbad, held on the 5th day of June, 1996, by the following v wit: AYES: Chairperson Compas, Commissioners Heineman, Nielsen, 1. Savary, Welshons NOES: None ABSENT: Commissioner Monroy ABSTAIN: None WILLIAM COMPAS, Chaiderson CARLSBAD PLANNING COMMISSION ’ !5 16 ATTEST: l7 b &/dp 18 MICHAE~ J. HOLZ~ILLER Planning Director 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 3936 -25-