HomeMy WebLinkAbout1996-08-21; Planning Commission; Resolution 3977(I 0
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PLANNING COMMISSION RESOLUTION NO. 3977
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A REVISION TO A VESTING TENTATIVE
TRACT MAP TO SUBDIVIDE A 68.5 ACRE PARCEL INTO
LOTS, 42 OWNERSHIP POSTAGE STAMP LOT
TOWNHOMES AFFORDABLE TO LOWER INCOME
HOUSEHOLDS, AND ONE FUTURE COMMUNITY
FACILITY SITE, ALL ON PROPERTY GENERALLY
LOCATED EAST OF PASEO DEL NORTE, NORTH OF
CAMINO DE LAS ONDAS, SOUTH OF PALOMAR AIRPORT
ROAD IN LOCAL FACILITIES MANAGEMENT PLAN ZONE
20.
CASE NAME: SAMBI SEASIDE HEIGHTS
CASE NO.: CT 92-02(A)
WHEREAS, Sambi Seaside Heights LLC has filed a verified applicatio
137 SINGLE-FAMILY LOTS, 98 TOWNHOMES ON SMALL
certain property to wit:
The South Half of the Southeast Quarter and the South 60 acres
of the North Half of the Southeast Quarter of Section 21,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, County of San Diego, State of California, according to
United States Government Survey, approved October 25, 1875,
according to the Official Plat thereof
with the City of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Ves
Tentative Tract Map Revision to subdivide a 68.5 acre parcel into 137 standard single-fa
lots, subdivide and construct 98 townhomes on small lots, construct 42 “ownership” posl
stamp lot townhomes designated as affordable to lower income households, and designa
future community facility site along Hidden Valley Road, all on property generally locr
east of Paseo del Norte, north of Camino de las Ondas, and south of Palomar Airport Rl
in the RD-M-Q Zone and R-1-10,000-Q Zone in Local Facilities Management Plan Zone
as shown on Exhibits “A”-WK”, dated August 21, 1996, on file in the Plan@
Department and incorporated by this reference (“Vesting Tentative Map Revision
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Sambi Seaside Heights” CT 92-02(A)) as provided by Section 20.12.120 of the Ca
Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of August
hold a 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 Vesting Tentative Tract Map Revision.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comm
RECOMMENDS APPROVAL of Carlsbad Vesting Tentative Tract
Revision, CT 92-02(A), based on the following findings and subject t
following conditions:
Findings:
1. The Planning Commission finds that:
a. the project is a subsequent residential development within an appr
Specific Plan (SP 203) pursuant to Section 15182 of the CEQA Guideline
b. the project is consistent with Specific Plan 203;
c. there was a Final EIR certified in connection with the prior approved Sp
Plan 203 (EIR 9303), the General Plan Update (MEIR 93-01), a:
Mitigated Negative Declaration approved for CT 92-02;
d. the project has no new significant environmental effect not analyzed as signi:
in the prior EIR and Mitigated Negative Declaration; and
e. none of the circumstances requiring Subsequent or Supplemental EIR 1
CEQA Guidelines Sections 15 162 or 15 163 exist.
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2. The Planning Commission finds that all feasible mitigation measures or y
alternatives identified in the certified Final EIR 93-03 (SP 203), the General
Update (MEIR 93-06), and the Mitigated Negative Declaration for CT 92-02
are appropriate to this Subsequent Project have been incorporated into this Subst
Project.
3. The Planning Commission finds that the project, as conditioned herein for CT 92-
is in conformance with the Elements of the City’s General Plan, based on the followi
a. Land Use - The project is consistent with the City’s General Plan sinc
proposed density of 4.36 ddacre is within the density range of 4 to 8 ddac
the RM portion of the site and 3.09 ddacre is within the density range of 1
ddacre for the RLM portion of the site, as indicated on the Land Use Ell
of the General Plan, and is at or below the growth control point of 6 du/acr
3.2 du/acre respectively. When the 42 affordable townhomes are added
density in the RLM portion of the site the density results in 5.14 dwelling
per net acre. The General Plan allows a density increase above the high t
the density range when it is for the provision of affordable housing.
project is approximately 35 dwelling units below the growth manage
dwelling unit allowance of 312 dwelling units for the entire property;
b. Circulation - The local private streets within the multi-family planning
would have 30 feet to 40 feet of paving, in addition to sidewalks on at
one side of the street. All the public local, collector, and major streets P
the site would be constructed to full public street width standards, and
curb, gutters, sidewalks, and underground utilities. The proposed I
system would be adequate to handle the project’s pedestrian and vehi
traffic and accommodate emergency vehicles;
C. Noise - The project would provide noise attenuation walls and bui
sound attenuation where applicable per the recommendations of the pro;
updated noise study on file in the Planning Department;
d. Housing Element - The project is consistent with the Housing Element c
General Plan and the Inclusionary Housing Ordinance since the Deve
has been conditioned to enter into an Affordable Housing Agreement pr~
Final Map. All residential development within Specific Plan 203 is requil
include a percentage of housing units affordable to persons and famil:
lower income. Consistent with the policies and programs of the Ho
Element and subsequent to the affordable housing requirements of the Sp
Plan 203, the project would provide 15% or 42 “ownership” postage stam
townhomes available and affordable to lower-income households. In add
and consistent with Housing Element Policy 3.2 the project would provi
least 10% of the lower income units with three or more bedrooms;
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e. Open Space and Conservation - There are no changes to the projecl
negatively impact the approved project’s open space or the site’s nr
resources. The amended project has an additional 1.46 acres of open spat
f. Parks and Recreation - The project amendment does not negatively il
Poinsettia Community Park and the Developer is required to pay Pa:
lieu fees; and
pedestrian access to the future school site, sidewalks, street lights, an
hydrants, as shown on the revised Vesting Tentative Tract Map, or incj
as conditions of approval.
g. Public Safety - The proposed project is required to provide bike
4. The project is consistent with the City-Wide Facilities and Improvements Plal
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 app
unless the City Council finds that sewer service is available to serve the pl
In addition, the project is conditioned such that a note shall be placed on tht
map that building permits may not be issued for the project unless the D
Engineer determines that sewer service is available, and building cannot
within the project unless sewer service remains available, and the D
Engineer is satisfied that the requirements of the Public Facilities Element
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 in
agreement with the appropriate school district to ensure that adequate s
facilities are available to serve the project;
c. Park-in-lieu fees are required;
d. All necessary public improvements have been provided or are requirc
conditions of approval; and
e. The developer has agreed and is required by the inclusion of an appro
condition to pay a public facilities fee. Performance of that contract and pa:
of the fee will enable this body to find that public facilities will be ava
concurrent with need as required by the General Plan.
5. 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 addi
requirements established by a Local Facilities Management Plan prepared pwsu:
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabil
public facilities and will mitigate any cumulative impacts created by the project.
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6. This project has been conditioned to comply with any requirement approved as part
Local Facilities Management Plan for Zone 20.
7. That the project is consistent with the City's Landscape Manual, adopted by City Cl
Resolution No. 90-384.
8. That the proposed map and the proposed design and improvement of the subdivis
conditioned, is consistent with and satisfies all requirements of the General Plar
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the
Subdivision Map Act, and will not cause serious public health problems, in th:
proposed project is required to provide sidewalks, street lights, and fire hydrar
shown on the Vesting Tentative Tract Map, or included as conditions of appl
The local streets have adequate public right-of-way and connect to Hidden T
Road which is a non-loaded collector street and Alga Road (Aviara Parkway), I
is a major street. All the local, collector, and major streets within the site WOL
constructed to full public street width standards, and have curb, gutters, side!
and underground utilities. The proposed street system is adequate to hand
project's pedestrian and vehicular traffic and accommodate emergency vehicleb
9. That the proposed project is compatible with the surrounding future land uses i
General Plan, in that the project is developed at densities consistent with the Ge
Plan and the proposed residential land uses are compatible in scale, architecturt
building materials with the existing and planned single-family and multi-f
residential development to the south and north. Public street improvements wot
provided to accommodate traffic generated by the project and the project
comply with all the circulation and public facility requirements of Local Fac
Management Plan Zone 20. The future community facility site is adequately buj
from the surrounding residential property by open space, slopes, and roadways, :
located adjacent to Hidden Valley Road, in close proximity to Poinsettia Comm
Park.
10. That the site is physically suitable for the type and density of the development sin(
site is adequate in size and shape to accommodate residential development at the dc
proposed, in that the residential development complies with all City land use pa
and standards, including zoning, without the need for variances from develop
standards.
11. That the design of the subdivision or the type of improvements will not conflict
easements of record or easements established by court judgment, or acquired b
public at large, for access through or use of property within the proposed subdivisic
that the project has been designed and structured such that there are no con
with any easements.
12. That the property is not subject to a contract entered into pursuant to the
Conservation Act of 1965 (Williamson Act).
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13. That the design of the subdivision provides, to the extent feasible, for future pass
natural heating or cooling opportunities in the subdivision, in that the 7,500 to 1
square foot lot sizes allow for a variety of building placement alternatives, incll
the adequate placement and separation of the homes, in combination wit'
proposed variety of floor plans and the dominant westerly windholar radj
patterns, will allow utilization of natural heating and cooling opportunities.
14. 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
against the public service needs of the City and available fiscal and envirom
resources.
15. That the design of the subdivision and improvements are not likely to cause subst
environmental damage nor substantially and avoidably injure fish or wildlife or
habitat, in that all feasible mitigation measures or project alternatives identifi
the certified Final EIR 93-03 and the Mitigated Negative Declaration for CT '
which are appropriate to this project have been incorporated into the project a1
significant impacts to fish, wildlife or their respective habitats will occur.
16. That the discharge of waste from the subdivision will not result in violation of ex
California Regional Water Quality Control Board requirements, in that the dra
requirements of Specific Plan 203, City ordinances, and Mello I1 have
considered and appropriate drainage facilities have been designed and secure1
addition to City Engineering Standards and compliance with the City's M
Drainage Plan, National Pollution Discharge Elimination System (NP:
standards will be satisfied to prevent any discharge violations.
17. The Planning Commission has reviewed each of the exactions imposed on the Deve
contained in this resolution, and hereby finds, in this case, that the exactions are im]
to mitigate impacts caused by or reasonably related to the project, and the extent ar
degree of the exaction is in rough proportionality to the impact caused by the project
Conditions:
Planning:
1. The Planning Commission does hereby recommend APPROVAL of the Ve
Tentative Tract Map Revision for CT 92-02(A) entitled "Sambi Seaside Heighl
shown on Exhibits "A" - "KK" on file in the Planning Department and incorporatt
this reference, dated August 21, 1996, subject to the conditions herein set forth.
other conditions and approvals of said prior permit as amended to date anc
amended by this action remain in full force and effect. Exhibits "A" - "KK", (
August 21, 1996 replace Exhibits "A"- "YYY" dated December 15, 1993. St
authorized and directed to make or require the Developer to make all correction!
modifications to the exhibits and/or documents, as necessary to make them intel
consistent and conform to City Council's final action on the project. Development
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occur substantially as shown on the approved exhibits. Any proposed develo]
substantially different from this approval, shall require an amendment to this approv
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24'' x 36", mylar copy
Vesting Tentative Tract Map as approved by the final decision making body.
Tentative Map shall reflect the conditions of approval by the City. The Map copy
be submitted to the City Engineer and approved prior to building, grading, final m
improvement plan submittal, whichever occurs first.
4. The final map shall not be approved unless the City Council finds as of the time oj
approval that sewer service is available to serve the subdivision.
5. Building permits will not be issued for development of the subject property unle
District Engineer determines that sewer facilities are available at the time of applil
for such sewer permits and will continue to be available until time of occupancy. l-
to this effect shall be placed on the final map.
6. Prior to approval of a final map or the issuance/approval of a building permit, whiclr
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 Managt
Plan to the extent permitted by applicable state law. If the mitigation invol
financing scheme such as a Mello-Roos Community Facilities District whi
inconsistent with the City's Growth Management Plan including City Council I
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 1
agency responsible for the financing district.
7. 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.
8. 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.
9. Approval of CT 92-02(A) is granted subject to the approval of PUD 92-03(A), SD!
06(A), and HDP 92-03(A). CT 92-02(A) is subject to all conditions contain
Planning Commission Resolutions No. 3978, 3979 and 3980 for PUD 92-03(A),
92-06(A), and HDP 92-03(A).
PC RES0 NO. 3977 -7-
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10. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the approved Preliminary Landscape Plan and the City's Landscape Manual. The
shall be submitted to and approval obtained from the Planning Director prior
approval of the final map, grading permit, or building permit, whichever occurs firs1
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, tras
debris.
1 1. The first submittal of detailed landscape and irrigation plans shall be accompanied 1
project's building, improvement, and grading plans.
12. 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 indh
grading phase, subject to the review and approval of the Planning Director.
13. Prior to approval of the final map, the Developer shall receive approval of a Cl
Development Permit issued by the California Coastal Commission that substar
conforms to this approval. A signed copy of the Coastal Development Permit mi
submitted to the Planning Director. If the approval is substantially different, a revis:
the Vesting Tentative Tract Map shall be required.
14. Prior to the approval of the final map for any phase of this project, or where a I
not being processed, prior to the issuance of building permits for any lots or uni
Developer shall enter into an Affordable Housing Agreement with the City to PI
and deed restrict 42 dwelling units (including: Units 1-42 on Lot 138) as afforda
lower-income households for the useful life of the dwelling units, in accordanct
the requirements and process set forth in Chapter 21.85 of the Carlsbad Mun
Code. A signed Affordable Housing Agreement shall be submitted to the Pla
Director not later than (10) days prior to final map approval. The rec
Affordable Housing Agreement shall be binding on all future owners and success
interest.
15. The Developer shall construct the required inclusionary units concurrent wit
project's market rate units, unless both the final decision making authority of th(
and the Developer agree within an Affordable Housing Agreement to an altl
schedule for development.
16. This project shall comply with all conditions and mitigation measures which afe req
as part of the approved Final EIR 90-03 and the Mitigated Negative Declaratiol
92-02, as contained in Planning Commission Resolutions No. 3591 and 3590.
17. The Developer shall establish a homeowner's association and corresponding cove]
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
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specifying Homeowner's Association maintenance responsibility for all natural
space, and slope maintenance and landscape easements, as shown on the app
Vesting Tentative Tract Map and landscape plans, on file in the Pla
Department, or as conditioned by this resolution.
18. Prior to approval of the final map the Developer shall establish slope mainte
and landscape easements along the slopes facing Alga Road, Hidden Valley i
Sweet Woodruff Road, Snowdrop Way, and Cherry Blossom Road, including
1,7,11,12-22,28,29,56,57,78,79,90,100,112,119,120,137,140 and 141.
19. Prior to approval of the final map the developer shall dedicate Open Space Lo1
142-144 to the Homeowner's Association and dedicate a perpetual open
easement over Open Space Lot Nos. 142-144 to the City of Carlsbad.
20. Removal of native vegetation and development of Open Space Lots No. 14;
including but not limited to fences, walls, decks, storage buildings, pools,
stairways, and landscaping, other than that approved as part of the Vc
Tentative Tract Map for drainage facilities as shown on Exhibit "A"-" J
specifically prohibited, except upon written order of the Carlsbad Fire Depart
for fire prevention purposes, or upon written approval of the Planning Director
(California Coastal Commission if in Coastal Zone), based upon a request fro]
Homeowners Association accompanied by a report from a qua
arborist/botanist indicating the need to remove specified trees and/or plants be
of disease or impending danger to adjacent habitable dwelling units. For
containing native vegetation the report required to accompany the request sh:
prepared by a qualified biologist.
21.
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Prior to approval of a final map the Developer shall establish an open
easement, as shown on the Vesting Tentative Tract Map, and deed restriction :
the rear of Lots 138, 139, and 140 for purposes of native habitat protection ant
suppression as shown on the tentative map. No development shall be permitt
this buffedopen space easement, including; future regrading of the building
and manufactured slopes, the construction of habitable and non-habitable acce
structures, patio covers, pool rooms, solariums, and second-story decks
balconies, wooden decks and spas 42 inches above grade, and any other struc
that require a building permit. Screen walls/fences, parking areas, drivel
landscaping in accordance with the approved fire suppression plan for the pr,
hardscape features such as brick or cement walkways and patios, pool equip]
and grade level pools and spas shall be permitted. In addition, the CC&Rs fa
project shall stipulate the above mentioned restrictions.
22. Prior to approval of the final map or issuance of building permits, whichever 01
first, the Developer shall notify, to the satisfaction of the Planning Directo.
owners, users and tenants of this project that a future school site is located adj;
to this project to the south.
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23. Prior to approval of the final map or issuance of a building permit, whic
occurs first, the Developer shall, at a minimum reserve Lot No. 140 as a comm
facility site for a period of at least five (5) years. A note stating this shall be F
on the Final Map. If after five years (5) the lot is not developed with a comn:
facility land use, it may be developed according to the underlying General Plan
24. Prior to the issuance of a building permit for a community facility land use o
140, the developer shall receive approval of a Conditional Use Permit.
25. 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 trail(s) shown o
(i.e. tentative map) within Open Space Lots 143. If the City of Carlsbad a(
dedication of the trail easement, the trail shall be constructed as a public trad
maintenance and liability will be the responsibility of the City of Carlsbad.
City of Carlsbad does not accept dedication of the trail easement, the trail shal
be constructed but it shall be constructed as a private trail and maintenancc
liability shall be the responsibility of the (Le. Master Homeowners Association).
Engineering:
Unless specifically stated in the condition, all of the following engineering conditions, up(
approval of this proposed major subdivision, must be met prior to approval of a final map.
26. The project must comply with all of the prior Engineering Conditions of App
for CT 92-02; SDP 92-06 and PUD 92-03 and HDP 92-03 (City Council Resol
No. 94-87Rlanning Commission Resolution No. 3591), except for the folla
revisions:
A. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbe
“C” (under section-“With the First Final Map #l”) is hereby revised to I
Cherry Blossom Road shall be constructed to full w44eetw
local street standards from Aviara Parkway (formerly Alga
Road) to Hidden Valley Road including all drainage, sewer
and utility improvements.
B. Prior Engineering Conditions of Approval, PC RESO. NO. 3591, nu:
103 “A and B” (under section-“With the First Final Map #1”) are hc
revised to read:
A. Aviara Parkway (formerly Alga Road) on-site ad“€&
&!e from Cherry Blossom Road (including north of
Cherry Blossom Road) to -
stations 42+44.36 (west side) and 43+15.85 (east side), of
City Improvement Drawing 327-90, shall be improved to
full Major Arterial standards, including all necessary
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drainage and subsurface utilities.
B. Aviara Parkway (formerly Alga Road) &-&$e from w stations 42+44.31 (west side) and
43+15.85 (east side), of City Improvement Drawing 327-
9D, to Poinsettia Lane shall be fully graded to Major
Arterial standards. v Median
concrete curbs and median asphalt concrete (MC) dikes
(berms), two &l-€e& 18 foot wide traffic lanes on either
side of the median, all necessary drainage facilities and
any subsurface utility lines that may be required s“&
b&mpmwd shall be installed in accordance with City
Improvement Drawing 327-90.
C. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbe
“A” (under section-“Area A”) is hereby deleted and changed to read:
A. Full design to Cherry Blossom Road east of Aviara
Parkway (formerly Alga Road) shall be completed. The
south side of Cherry Blossom Road, east of Aviara
Parkway, shall be fully improved at one-half street plus
12 feet. The developer shall bond for ,with appropriate
security, the remainder of Cherry Blossom Road, east of
Aviara Parkway, (i.e., the north half of the street.)
D. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbe
“B” (under section-“Area A”) is hereby deleted. (Due to Cc
Commission action, this condition is no longer applicable.)
E. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbe
“C” (under section-“Area A”) is hereby deleted. (Due to a new gravity !
design, this condition is no longer applicable.)
F. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbel
is hereby deleted and changed to read:
67. The developer shall comply with the City’s requirements of
the National Pollutant Discharge Elimination System
(NPDES) permit. The developer shall provide best
management practices as referenced in the “California
Storm Water Best Management Practices Handbook” to
reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements
shall be approved by the City Engineer. Said plans shall
include but not be limited to notifying prospective owners
and tenants of the following:
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A. All owners and tenants shall coordinate efforts to establish
or work with established disposal programs to remove and
properly dispose of toxic and hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as
gasoline, motor oil, antifreeze, solvents, paints, paint
thinners, wood preservatives, and other such fluids shall not
be discharged into any street, public or private, or into
storm drain or storm water conveyance systems. Use and
disposal of pesticides, fungicides, herbicides, insecticides,
fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed
in their respective containers.
C. Best Management Practices shall be used to eliminate or
reduce surface pollutants when planning any changes to the
landscaping and surface improvements.
D. An effective pollutant mitigation system shall be
designed to accept surface runoff from the southern
section of Area “A”, in conformance with the pollutant
mitigation note on sheet 5 of 9 of the tentative map. The
depollutant basin which is being shown at this location
is specifically not approved.
G. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numb
“a.” is hereby revised to read:
a. Hidden Valley Road, Cherry Blossom Road, Aviara
Parkway (formerly Alga Road) -
43nd-w and all internal streets for Area’s “B and C. ”
H. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbe
“D” (under section-“Area A”) is hereby revised to read:
A. All on-site sewer, water, roadway and utility
improvements necessary to serve Area “A”.
I. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbe:
“A” (under section-“Area B”) is hereby revised to read:
A. All on-site sewer, water, roadway and utility
improvements necessary to serve Area “B”.
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J. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbr
“A” (under section-“Area C”) is hereby revised to read:
A. All on-site sewer, water, roadway and utility
improvements necessary to serve Area “C”.
K. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbe
“B” (under section-“Area D”) is hereby revised to read:
A. All on-site sewer, water, roadway and utility
improvements necessary to serve Area “D”.
L. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbc
“B” (under section-“Area C”) is hereby revised to read:
B. Public access trail from Antherium Drive k+€€i&h
VdeyRe& up to and through Area “D” connecting off-
site to Mariner’s Point and ultimately connecting to
Hidden Valley Road. (Also see Special Engineering
Condition No.3 I, 2 and 3.)
M. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbel
“C” (under section-“Area D”) is hereby revised to read:
C. -Public access trail from - Area “C”
connecting off-site to Mariner’s Point and ultimately
connecting to Hidden Valley Road. (Also see Special
Engineering Condition No. ’s 1’2 and 3.)
N. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbe
is hereby deleted. (Due to an agreement with Mariner’s Point, that F
this section of the pedestrian trail on Mariner’s Point property, this con(
is no longer applicable.)
0. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numbe
is hereby deleted. (Due to Coastal Commission action, this condition
longer applicable.)
P. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numb
is hereby deleted. (Since the update to the Master Drainage Plan is com
this condition is no longer applicable.) I Q. Prior Engineering Condition of Approval, PC RESO. NO. 3591, numb(
is hereby revised to read:
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76. Direct access rights for all lots abutting Hidden Valley
Road, 3 and
Aviara Parkway (formerly Alga Road) (except for the
shared access between Lot No.3 138 and 139)-shall be
waived on the final map.
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 appro]
as a method of preventing vegetation growth directly in front of the pipe outlet,
satisfaction of the Community Services Director and the City Engineer.
The Developer shall provide for sight distance corridors at all street intersectic
accordance with Engineering Standards and shall record the following statement
project’s CC&Rs:
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches
above the street level may be placed or permitted to encroach within the
area identified as a sight distance corridor in accordance with City
Standard Public Street-Design Criteria, Section 8.B.3. The underlying
property owner shall maintain this condition.’’
15 29. The pedestrian trail located in Area “C” from Antherium Drive through Area
16 and ultimately to Hidden Valley Road shall be private. This trail sha
maintained by the project’s Homeowners Association (HOA), or various HOAt 17 appropriately worded statement to this effect shall be placed in the Coven
18 Conditions and Restrictions (CC&Rs) of the project’s HOA, or various HOAs.
19 30. The portion of the pedestrian trail through Area’s “C and D”, located withil
boundaries of the Sambi subdivision, shall be constructed by the developer pri
20 issuance of any building permits.
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31. The “Private Trail Easement” (through Sambi Area’s “C and D” and alon;
northerly property line of Mariner’s Point), between the SambVMariner’s :
property owner(s)/projects shall be recorded, and, the County Recor
documentation number and easement information shall be indicated on the
map, in accordance with the following:
“Private Trail Easement, Document No. ?,
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27 (Caltrans Standard 407E), to the satisfaction of the City Engineer.
32. The northerly access to the Recreational Vehicle (RV) storage area for Area
shall be widened to facilitate ingress of a vehicle having a 42’ turning r;
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33. Hydraulic calculations and the proposed non-erosive flow designs (i.e., extensi
rap field in the north, and, an extensive rip rap field and proposed check da
the south) shall be reviewed and verified, and modified if required, for bo1
north and south drainage outfalls for area “A”.
34. A funding mechanism for the full improvements for Poinsettia Lane and b-
Parkway (formerly Alga Road) must be approved or fees paid, in conformancr
the updated Zone 20 Local Facilities Management Plan funding program.
35. The approved mylar for the project shall state that the project is a Vesting Ten
Tract Map.
Fire:
36. Prior to issuance of building permits, the Fire Department shall evaluate building
for conformance with applicable fire and life safety requirements of the state and
Fire Codes.
37. For multi-family provide additional public fire hydrants at intervals of 300 feet
public streets and private driveways. Hydrants should be located at street intersel
when possible, but should be positioned no closer than 100 feet from terminus of a
or driveway.
38. For single family residences provide additional public fire hydrants at intervals c
feet along public streets andor private driveways. Hydrants should be located at
intersections when possible, but should be positioned no closer than 100 feet
terminus of a street or driveway.
39. Applicant shall submit a site plan to the Fire Department for approval, which dc
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.
40. Applicant shall submit a site plan depicting emergency access routes, driveway,
traffic circulation for Fire Department approval.
4 1. An all weather, unobstructed access road suitable for emergency service vehicles sh
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 unti
condition is corrected.
42. All required water mains, fire hydrants and appurtenances shall be operational k
combustible building materials are located on the construction site.
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43. Prior to final inspection, all security gate systems controlling vehicular access sh
equipped with a “Knox” key-operated emergency entry device. Applicant shall cc
the Fire Prevention Bureau for specifications and approvals prior to installation.
44. Prior to building occupancy, private roads and driveways which serve as required a
for emergency service vehicles shall be posted as fire lanes in accordance wit
requirements of section 17.04.020 of the Carlsbad Municipal Code.
45. Prior to issuance of the building permit, 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.
46. Prior to occupancy of buildings, all wildland fuel mitigation activities must be comi
and the condition of all vegetation within 60 feet of structures found to be in confom
with an approved wildland fuel management plan.
47. Landscape plans to be approved by the Fire Department prior to approval of bui
plans.
48. All buildings have an aggregate floor area in excess of 10,000 square feet mu:
protected by automatic fire sprinkler systems. Plans and specifications must be appr
by the Fire Department, and a permit obtained prior to installation.
49. Proposed multi-family residential buildings must be protected by fire alarm syst
Plans and specifications must be approved, and a permit obtained prior to installation
50. The applicant shall provide a street map which conforms to the following requireml
A 400 scale photo-reduction mylar, depicting proposed improvements and at least
existing intersections or streets. The map shall also clearly depict street center1
hydrant locations and street names.
51. A monument sign shall be installed at the entrance to the driveway or private s
indicating the addresses of the buildings on-site.
Water:
52. The entire potable water system, reclaimed water system and sewer system shal
evaluated in detail to insure that adequate capacity, pressure and flow demands ca~
met.
53. The Developer shall be responsible for all fees, deposits and charges which wil
collected before and/or at the time of issuance of the building permit. The San DI
County Water Authority capacity charge will be collected at issuance of application
meter installation.
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54. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requiren
Also obtain G.P.M. demand for domestic and irrigational needs from appro.
parties.
B. Prepare a colored reclaimed water use area map and submit it to the Pla
Department for processing and approval.
C. Prior to the preparation of sewer, water and reclaimed water improvement pl;
meeting must be scheduled with the District Engineer for review, commen
approval of the preliminary system layouts and usages (i.e. GPM - EDU).
55. This project is approved upon the expressed condition that building permit will n
issued for development of the subject property unless the water district servin:
development determines that adequate water service and sewer facilities are availal
the time of application for such water service and sewer permits will continue 1
available until time of occupancy. This note shall be placed on the final map.
General Condition:
56. 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 t
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance (
future building permits; deny, revoke or further condition all certificates of occu~
issued under the authority of approvals herein granted; institute and prosecute litig
to compel their compliance with said conditions or seek damages for their violation
Code Reminders:
57. If the disturbed area is five acres or more, prior to the issuance of a grading perm
building permit, whichever occurs first, the developer shall submit proof that a Notic
Intention has been submitted to the State Water Resources Control Board.
58. Some improvements shown on the tentative map and/or required by these condition!
located offsite on property which neither the City nor the owner has sufficient tit1
interest to permit the improvements to be made without acquisition of title or inte
The applicant shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
59. The Developer shall install street lights along all public and private street frontage
conformance with City of Carlsbad Standards.
60. The Developer shall pay park-in-lieu fees to the City, prior to issuance of builc
permits as required by Chapter 20.44 of the Carlsbad Municipal Code.
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61. The Developer shall pay a landscape plan check and inspection fee as required by SI
20.08.050 of the Carlsbad Municipal Code.
62. The Developer shall provide the following note on the final map of the subdivisio
final mylar of this development submitted to the City:
63. Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Managc
Control Point for each General Plan land use designation. Development cannot e.
the Growth Control Point except as provided by Chapter 21.90. The land use desigr
for this development is Residential Medium (RM) and Residential Medium
(RLM). The Growth Control Point for this designation is 6 dwelling units per
constrained acre.
Parcels 1 -144 were used to calculate the intensity of development under the General
and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of
parcels must also include parcels 1-144 under the General Plan and Chapter 21.90 (
Carlsbad Municipal Code.
The following note shall be placed on the Final Map: “Prior to issuance of a bui
permit for any buildable lot within the subdivision, the Developer shall pay a one.
special development tax in accordance with the City Council Resolution No. 91 -39”.
64. Approval of this request shall not excuse compliance with all applicable sections c
Zoning Ordinance and all other applicable City ordinances in effect at time of bui
permit issuance, except as otherwise specifically provided herein.
65. The project shall comply with the latest residential disabled access requirements pur:
to Title 24 of the State Building Code.
66. All roof appurtenances, including air conditioners, shall be architecturally integrated
concealed from view and the sound buffered from adjacent properties and street
substance as provided in Building Department Policy No. 80-6, to the satisfaction o
Directors of Planning and Building.
67. The Developer shall submit a street name list consistent with the City’s street name pc
subject to the Planning Director’s approval prior to final map approval.
68. Prior to occupancy of the first dwelling unit the Developer shall provide all reql
passive and active recreational areas per the approved plans, including landscaping
recreational facilities.
69. 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 Plam
Department.
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70. Any signs proposed for this development shall at a minimum be designed in confon
with the City's Sign Ordinance and shall require review and approval of the Pk
Director prior to installation of such signs.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1:
Commission of the City of Carlsbad, California, held on the 21st of August 1996, 1:
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mc
Nielsen, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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u MICHAEL J. HOLZMKLER
Planning Director
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