HomeMy WebLinkAbout1997-10-15; Planning Commission; Resolution 4186a a
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PLANNING COMMISSION RESOLUTION NO. 4186
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 53.7 ACRES INTO 157 LOTS ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD, EAST AND WEST OF FUTURE AVIARA PARKWAY,
AND NORTH OF FUTURE POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: MARIAN0
CASE NO.: CT 97-14
APPROVAL OF CARLSBAD TRACT NUMBER CT 97-14 TO
WHEREAS, PacWest Group, Inc., “Developer”, has filed a verified applic;
with the City of Carlsbad regarding property owned by PacWest, Ltd., “Owner”, described 2
Being a portion of the land designated as “Description 4, 76.89
acres” as shown and delineated on record of survey map no.
5715, filed in the office of the County Recorder of San Diego
County, December 19,1960, also being a portion of Lot “G” of
the Rancho Agua Hedionda, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of said San
Diego County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative ‘
Map as shown on Exhibit(s) “A” - “AAA” dated October 15, 1997, on file in the Plan
Department, CT 97-14 - MARIANO, as provided by Chapter 20.12 of the Carlsbad Muni
Code; and
WHEREAS, the Planning Commission did, on the 15th day of October 3
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of persons desiring to be heard, said Commission considered all fa
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relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar
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 Commi:
RECOMMENDS APPROVAL of Tentative Tract Map CT 97-14, based 01
following findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that the Planning Director has determined 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 Final EIR (EIR 90-03);
c. there were EIRs certified in connection with the prior 1994 General 1
Update and Zone 20 Specific Plan;
d. the project has no new significant environmental effect not analyzed as signifi
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.
2. The Planning Commission finds that all feasible mitigation measures or prc
alternatives identified in the MEIR 93-01 and EIR 90-03 which are appropriate to
Subsequent Project have been incorporated into this Subsequent Project.
3. The Planning Commission finds that the project, as conditioned herein for CT 97-1
in conformance with the Elements of the City's General Plan, based on the following:
Land Use - Proposed residential density of 4.16 duhet acre in the RM General P
designation is within the RM density range of 4-8 duhet acre and below the gro
control point of 6 duhet acre.
Proposed residential density of 4.11 du/acre in the RLM GP designation is above
RLM density range of 0-4 ddnet acre and the growth control point of 3.2 du,
acre. The additional density is due to a 27 unit affordable housing project, and
General Plan allows density increases above the maximum residential densi
permitted by the growth control point to enable development of low income hous
which is compatible with adjacent land uses and in proximity to a major roadw
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The small apartment project, located adjacent to Aviara Parkway and consisti]
three separate buildings, is consistent in scale and compatible with surroun
single and multi-family development. A density transfer of 23.41 units from the
designated area of the site permitted by the Zone 20 Specific Plan will avoic
need to allocate excess dwelling units to this site.
Circulation - The streets serving the project have 56 to 102' feet of public rig1
way and include Aviara Parkway, a non-loaded major circulation arterial. AI
local, collector, and major streets within this area would be constructed ta
public street width standards, and have curb, gutters, sidewalks, and undergri
utilities. The proposed street system is adequate to handle the project's pedes1
and vehicular traffic and accommodate emergency vehicles.
Noise - A noise study was completed for the project, and traffic noise from AI
Parkway will not exceed 60 dBA CNEL with proposed noise wall mitigation.
developer is required to construct 5'-6' high noise walls along the tops of slol
specified lots to mitigate exterior noise to the 60 dBA CNEL level and to mit
interior noise levels of the future homes to 45 dBA CNEL.
Housing - The project is consistent with the Housing Element of the General
and the Inclusionary Housing Ordinance since the Developer is required to prc
26.5 affordable housing units and has been conditioned to enter into an Afforc
Housing Agreement to develop a 27 unit affordable housing apartment pr
located on Lot 5 within the subdivision.
Open Space and Conservation - The project is consistent with the Open S
provisions of the General Plan and Zone 20 Specific Plan in that Lots 6 and
which contains .6 acres of steep slopes possessing coastal sage scrub habitat
total 8.3 acres of Specific Plan open space will be preserved in open space; SI
exceeding 40% will be developed to construct Aviara Parkway, a major circuli
arterial roadway, to correct unusual soils conditions, and create single fa
building pads; the proposed hillside development relates to the slope of the
which rises from the west and east to a major ridgeline; mitigation measures
establish a physical barrier between residential and agricultural uses wil
provided; the dedication of a trail easement for Citywide Trail Link No. 30 a
the northern property line will be required;
Native habitat impacts have been reduced or mitigated by the design of the prc
in that the preservation of .6 of the 4 acres of coastal sage scrub (CSS) ha1
located within Open Space Lot 155 will be preserved by open space easen
however, 3.4 acres of CSS habitat will be disturbed due to the set north-ss
alignment of Aviara Parkway through the site and adjacent slopes requiring
suppression measures. Therefore, the loss of 3.4 acres of CSS habitat would ri
from implementation of the project which would be mitigated through the purc
of credits in the Carlsbad Highlands mitigation bank. The CSS loss is consi!
with the City's draft Habitat Management Plan (HMP) as follows:
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i) the habitat loss will not cumulatively exceed the 5% guid established in the Draft Conservation Guidelines of the Draft Na
Community Conservation Plan (NCCP;
ii) the habitat loss will not preclude or prevent the preparation o
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 wil
significantly impact the use of habitat patches as archipelag
stepping stones to surrounding PPAs;
iii) the loss will not preclude connectivity between areas of high ha
value since this area is not included as a part of a Linkage Plan
Area (LPA);
iv) the habitat loss will not appreciably reduce the likelihood ol
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;
v) the habitat loss has been minimized and mitigated to the maxi]
extent practicable in accordance with the mitigation establishe
the NCCP Guidelines, in that credit for 3.4 acres of CSS habital
be purchased for preservation in the Carlsbad Highland mitig;
bank;
vi) the habitat loss is incidental to otherwise lawful activities, in tha
proposed subdivision of Mariano is consistent with the City's Gel
Plan, the Subdivision Map Act, and the Zoning and Subdiv
Ordinances.
Parks and Recreation - The project is required to pay park-in-lieu fees.
Public Safety - The proposed project is required to provide streets, sidewalks, s
lights, and fire hydrants, as shown on the tentative map, or included as conditio
approval.
4. The project is consistent with the City-Wide Facilities and Improvements Plan,
applicable local facilities management plan, and all City public facility policies
ordinances since:
a. The project has been conditioned to ensure that the final map will not be appr
unless the City Council finds that sewer service is available to serve the prc
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 c
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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 pro
b. Prior to final map approval the developer is conditioned to enter int
agreement with the appropriate school district to ensure that adequate st
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 appror
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.
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 addit
requirements established by a Local Facilities Management Plan prepared pursua
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.
6. This project has been conditioned to comply with any requirement approved as part a
Local Facilities Management Plan for Zone 20.
7. The project is consistent with the Comprehensive Land Use Plan (CLUP) fol
McClellan-Palomar Airport, dated April, 1994 in that the developer is conditiont
record a notice concerning; aircraft noise and an avigation easement. The projt
compatible with the projected noise levels of the CLUP; and, based on the noise/lanc
compatibility matrix of the CLUP, the proposed land use is compatible with the air
in that residential development is conditionally compatible within the 60 to 65 Cy
and the project has been conditioned to mitigate interior noise levels to 45
CNEL. j
8. That the project is consistent with the City's Landscape Manual, adopted by City Co
Resolution No. 90-384.
9. That the proposed map and the proposed design and improvement of the subdivisic
conditioned, is consistent with and satisfies all requirements of the General Plan,
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 thal
proposed project is required to provide sidewalks, street lights, and fire hydranl
, shown on the tentative map, or included as conditions of approval. The local st
have adequate public right-of-way and connect to Aviara Parkway a non-lo;
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major circulation arterial roadway. All the local, collector, and major streets w
this area will be constructed by developer to full public street width standards,
have curb, gutters, sidewalks, and underground utilities. The proposed s
system is adequate to handle the project's pedestrian and vehicular traffic
accommodate emergency vehicles.
10. That the proposed project is compatible with the surrounding existing and future
uses since: 1) surrounding properties are also designated for medium and
medium density residential development and open space; 2) the single family
multi-family units would be surrounded by open space along the eastern bounl
and existing or future single family and multi-family units along the norti
southern, and western property boundaries that are compatible in size and scal
public street improvements, including Aviara Parkway, would be constructe
accommodate traffic generated by the project; 4) the project is compatible wit1
residential development (Sudan Interior Mission) to the north; and 5) the projt
consistent with the Palomar Airport CLUP.
11. That the site is physically suitable for the type and density of the development sinc
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 develop1
standards.
12. 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 bj
public at large, for access through or use of property within the proposed subdivisio
that the project has been designed and conditioned such that there are no con
with any established easements.
13. That the property is not subject to a contract entered into pursuant to the I
Conservation Act of 1965 (Williamson Act);
14. That the design of the subdivision provides, to the extent feasible, for future passil
natural heating or cooling opportunities in the subdivision, in that the 5,000+ square
lot sizes allow for a variety of building placement alternatives, including
adequate placement and separation of the homes, in combination with the prop
variety of future floor plans and the dominant western wind patterndsolar radia
patterns, will allow utilization of natural heating and cooling opportunities.
15. That the Planning Commission has considered, in connection with the housing propl
by this subdivision, the housing needs of the region, and balanced those housing n
against the public service needs of the City and available fiscal and environmt
resources;
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16. 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 identifit
the certified Final EIR 90-03 and MEIR 93-01 which are appropriate to this prl
have been incorporated into the project and no significant impacts to fish, wil
or their respective habitats will occur.
17. 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 I
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.
18. The Planning Commission has reviewed each of the exactions imposed on the Devel
contained in this resolution, and hereby finds, in this case, that the exactions are imp
to mitigate impacts caused by or reasonably related to the project, and the extent an1
degree of the exaction is in rough proportionality to the impact caused by the project.
19. The project, as designed, implements certain objectives and mitigation measure
established by the General Plan Master EIR to reduce cumulative air qualit
impacts as applicable to a residential project of this scale. These include: acces
to public transportation along Aviara Parkway, providing links to publil
sidewalk systems; providing for safe pedestrian and bicycle movements withil
the project; and designing the project to accommodate pedestrian spaces as we1
as proposed parking areas and building locations.
Conditions:
Planning:
1.
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The Planning Commission does hereby RECOMMEND APPROVAL of the Tent:
Map for the CT 97-14 project entitled “Mariano”. (Exhibits “A” - “AAA” on fi
the Planning Department and incorporated by this reference, dated October 15, I!
subject to the conditions herein set forth. Staff is authorized and directed to mal
require the Developer to make all corrections and modifications to the exhibi
documents, as necessary to make them internally consistent and conform to
Council’s final action on the project. Development shall occur substantially as show
the approved exhibits. Any proposed development substantially different from
approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and :
ordinances in effect at the time of building permit issuance.
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3. The Developer shall provide the City with a reproducible 24" x 36", mylar copy o
Tentative Map which shall include fire suppression zones on applicable
(identified on Conceptual Landscape Plan Sheet 10 of 15, Exhibit "UU")
approved by the final decision making body. The Tentative Map shall reflec
conditions of approval by the City. The Map copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
4. 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" blut
drawing. Said blueline drawing(s) shall also include a copy of any applicable Co
Development Permit and signed approved site plan.
5. 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 develop:
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Muni
Code or other ordinance adopted to implement a growth management system or Faci
and Improvement Plan and to fulfill the subdivider's agreement to pay the public faci
fee dated May 6,1996, a copy of which is on file with the City Clerk and is incorpo
by this reference. If the fees are not paid, this application will not be consistent wit
General Plan and approval for this project will be void.
6. 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.
7. 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.
8. Prior to approval of a final map or the issuance/approval of a building permit, which
occurs first, the Developer shall submit evidence to the Planning Director that impac
school facilities have been mitigated in conformance with the City's Growth Manage:
Plan to the extent permitted by applicable state law. If the mitigation invoh
financing scheme such as a Mello-Roos Community Facilities District whic
inconsistent with the City's Growth Management Plan including City Council PN
Statement No. 38, the Developer shall disclose to fbture owners in the project, tc
maximum extent possible, the existence of the tax and that the school district is the ta
agency responsible for the financing district.
9. This project shall comply with all conditions and mitigation measures which are reql
as part of the Zone 20 Local Facilities Management Plan and any amendments ma(
that Plan prior to the issuance of building permits.
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10. If any condition for construction of any public improvements or facilities, or the pay
of any fees in lieu thereof, imposed by this approval or imposed by law on this residc
housing project are challenged this approval shall be suspended as provide
Government Code Section 66020. If any such condition is determined to be invalic
approval shall be invalid unless the City Council determines that the project with01
condition complies with all requirements of law.
11. Approval of CT 97-14 is granted subject to the approval of PUD 97-11, SDP 9
HDP 97-13 and CDP 97-34 CT 97-14 is subject to all conditions contain<
Resolutions No. 4187, 4188, 4189 and 4190 for PUD 97-11, SDP 97-16, HDP 9
and CDP 97-34.
12. The Developer shall establish a homeowner’s association and corresponding coven
conditions and restrictions that shall be applicable to all lots except Lot 5 which sha
maintained in accordance with all conditions of approval of this resolution.
CC&Rs shall be submitted to and approved by the Planning Director prior to final
approval. Prior to issuance of a building permit the Developer shall providf
Planning Department with an acknowledgment from the California Departme
Real Estate that the conditions contained herein pertaining to the CC&Rs sha
effectuated through the final CC&Rs approved by the California Departme]
Real Estate. A recorded copy of the official CC&Rs that have been approved b
Department of Real Estate and the Planning Director shall be provided tc
Planning Director within ten days of issuance of the Department’s public re
Said CC&Rs may not be amended without the amendment being submitted to
approved by both the Planning Director and the City Attorney. At a minimum
CC&Rs shall contain the following provisions:
a. General Enforcement bv the City. The City shall have the right, but no
obligation, to enforce those Protective Covenants set forth in this Declaratic
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easements. “11
event that the Association fails to maintain the “Common Area Lots ando
Association’s Easements”, including the open space maintenance easel
shown in Exhibits “A” - “E” dated October 15, 1997, as provided in A:
, Section the City shall have the right, but not the duty, to per
the necessary maintenance. If the City elects to perform such maintenance
City shall give written notice to the Association, with a copy thereof tc
Owners in the Project, setting forth with particularity the maintenance whicl
City finds to be required and requesting the same be carried out by
Association within a period of thirty (30) days from the giving of such notict
the event that the Association fails to carry out such maintenance of the Corn
Area Lots and/or Association’s Easements within the period specified bJ
City’s notice, the City shall be entitled to cause such work to be completed
shall be entitled to reimbursement with respect thereto from the Ownel
provided herein.”
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C. Special Assessments Levied by the City. “In the event the City has performe
necessary maintenance to either Common Area Lots and/or Associat
Easements, the City shall submit a written invoice to the Association for all
incurred by the City to perform such maintenance of the Common Area Lot
or Association’s Easement, including the open space maintenance easemer
shown on Exhibits “A” - “E” dated October 15,1997. The City shall prov
copy of such invoice to each Owner in the Project, together with a statemen’
if the Association fails to pay such invoice in full within the time specifiec
City will pursue collection against the Owners in the Project pursuant tc
provisions of this Section. Said invoice shall be due and payable by
Association within twenty (20) days of receipt by the Association. I1
Association shall fail to pay such invoice in full within the period specj
payment shall be deemed delinquent and shall be subject to a late charge j
amount equal to six percent (6%) of the amount of the invoice. Thereafte
City may pursue collection from the Association by means of any rem1
available at law or in equity. Without limiting the generality of the foregoin
addition to all other rights and remedies available to the City, the City may 1t
special assessment against the Owners of each Lot in the Project for an L
prorata share of the invoice, plus the late charge. Such special assessment
constitute a charge on the land and shall be a continuing lien upon eack
against which the special assessment is levied. Each Owner in the Project ht
vests the City with the right and power to levy such special assessment, to in
a lien upon their respective Lot and to bring all legal actions and/or to pursut
foreclosure procedures against any Owner and hidher respective Lot for puq
of collecting such special assessment in accordance with the procedures set
in Article of this Declaration”.
13. The CC&Rs shall include provisions specifying Homeowner’s Association (H
maintenance responsibility for Open Space Lots 6 and 155 (excluding the desiltr
basin), Recreation Vehicle Lot 156, Common Recreation Lots 107 and 157,
those portions of lots 1 through 5, 27 through 47, 54, 55, 65 through 77, and
through 154 identified as “HOB maintenance easement?’ on the tentative 1
Exhibits “A” - “E”, dated October 15,1997. The CC&R’s shall stipulate that w’
the boundaries of the HOA open space maintenance easement, structures or
other thing not shown on the approved site development plan (Exhibits “G” -
or landscape plans (Exhibits “MM” - “AAA”) dated October 15, 1997, sha
prohibited.
14. The Developer shall provide bus stops to service this development at locations and
reasonable facilities to the satisfaction of the North County Transit District and
Planning Director. Said facilities, if required, shall at a minimum include a bench,
from advertising, and a pole for the bus stop sign. The bench and pole shall be desi,
to enhance or be consistent with the basic architectural theme of the project.
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15. 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.
16. All sales maps that are distributed or made available to the public shall include but n
limited to trails, future and existing schools, parks, and streets.
17. 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 tc
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, trash
debris.
18. The first submittal of detailed landscape and irrigation plans shall be accompanied b
project's building, improvement, and grading plans.
19. All building pad and street areas that are graded and remain vacant or undevel,
for a period of more than 12 months after the grading operation is completed
be seeded and adequately irrigated to reduce erosion and visual impacts. If gra
is phased, the six month time period shall start at the completion of each indivi
grading phase, subject to the review and approval of the Planning Director.
20. All landscaping shall comply with the Landscape Requirements of Specific Plan 203
2 1. 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 proje
the Coastal California Gnatcatcher and Coastal Sage Scrub Habitat; and, 2) obtair
permits required by the USWFS.
22. The Developer shall implement, or cause the implementation of MEIR 93-01 the :
20 Final EIR (EIR 90-03) Mitigation Monitoring and Reporting Programs thal
imposed by this resolution or that are incorporated into the design of the projecl
23. Prior to any grading of the project site, a paleontologist shall be retained to perfo
walkover survey of the site and to review the grading plans to determine if the proy:
grading will impact fossil resources. A copy of the paleontologist's report sha
provided to the Planning Director prior to issuance of a grading permit.
24. A qualified paleontologist shall be retained to perform periodic inspections of the sit(
to salvage exposed fossils. Due to the small nature of some of the fossils present i
geologic strata, it may be necessary to collect matrix samples for laboratory proce
through fine screens. The paleontologist shall make periodic reports to the Plar
Director during the grading process.
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25. The paleontologist shall be allowed to divert or direct grading in the area of an ex1
fossil in order to facilitate evaluation and, if necessary, salvage artifacts.
26. All fossils collected shall be donated to a public, non-profit institution with a res
interest in the materials, such as the San Diego Natural History Museum.
27. Any conflicts regarding the role of the paleontologist and the grading activities G
project shall be resolved by the Planning Director and City Engineer.
28. The developer shall provide notices to all future homebuyers within the specific pli
the existence and possible impacts from, among other things, lights, noise, traffic
circulation. The form of this notification shall be approved by the Planning Directo:
included in the CC&Rs for the project and proof of service of such notification
purchasers shall be made to the satisfaction of the Planning Director.
29. Prior to the recordation of the first final map or the issuance of building per
whichever occurs first, the Developer shall prepare and record a Notice that this pro
may be subject to noise impacts from the Aviara Parkway Transportation Corridol
form meeting the approval of the Planning Director and City Attorney.
30. Prior to the recordation of the first final map or the issuance of building per
whichever occurs first, the Developer shall prepare and record a Notice that this pro]
is subject to overflight, sight, and sound of aircraft operating from McClellan-Pall
Airport in a form meeting the approval of the Planning Director and the City Attorne:
3 1. Prior to issuance of building permits, the Developer shall record an Avigation Ease
for all lots located within the 60 to 65 CNEL contour to the County of San Diegc
file a copy of the recorded document with the Planning Director.
32. The Developer shall post aircraft noise notification signs in all sales and/or rental of
associated with the new development. The number and locations of said signs sha
approved by the Planning Director.
33. The applicant shall submit a wall and fencing plan, which is consistent with
required uniform wall locations shown on Exhibits “A” - “E”, for Planning Dirc
approval prior to issuance of building permits.
34. In accordance with the Acoustical Technical Report performed by 01
Environmental and Energy Services, prior to occupancy of any of the dwe
units, the developer shall construct noise barrier walls not to exceed 6 feet in he
as shown on Exhibits “B” through “E”. The design of the wall shall be include
the required fence plan to be approved by the Planning Director.
35. Prior to issuance of a building permit the developer shall mitigate the interior n
levels of the homes to 45 dBA CNEL, in accordance with the policies of the lf
Element of the General Plan and the recommendation of the project’s noise SI
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prepared by Ogden Environmental and Energy Services on file in the Plan
Department. if openings to the exterior of the homes are required to be closc
meet the interior noise standard then mechanical ventilation shall be 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 prc
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 agricull
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 Carlst
LCP. The fee shall be paid prior to final map or issuance of a grading pel
whichever occurs first.
37. Compliance with APCD Rules 51 (The "Nuisance" Rule), 52 (Particulate Mal
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 acl
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
NOx emissions, but which would not result in excessive visible smoke
emissions) in order to control pollutant emiss'ions.
f. Construction equipment shall be subject to regularly scheduled
maintenancekune-ups, and be turned off when not being utilized to
avoid excessive idling emissions.
g. The application of architectural coating anid cut-back asphalt shall
adhere to APCD Rules 67.0 and 67.7, to effectively control other
construction-related emissions of air pollutants.
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38. The Engineering Department shall monitor for compliance during all
grading operations of the project.
39. The Homeowner's Association shall obtain and distribute to owners and te1
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 fol
project.
40. 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 pi
nuisance effects of adjacent pesticide spraying alnd dust generation from 1
vehicles and operations.
41. Prior to approval of a final map or issuance of a building permit, whichever o(
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 requ
to maintain continued access to adjacent agricultural properties that coulc
impacted by future roadway improvements.
42. Drainage water from buildings, streets, parking lots, and landscaped areas w:
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 M
Quality Control Board Order No. 90-42, adopted by City Council Resolution No
235.
43. Prior to issuance of a building permit the project shall comply with the Cit
Carlsbad's standards for solid waste management.
44. 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 prolject that this area is subje,
dust, pesticides, and odors associated with adjacent agricultural operations,
that the owners, users, and tenants occupy this area at their on risk. The Devel1
shall post notices to this effect in all saledrental offices associated with
development.
45. All grading shall comply with the recommendations incorporated by Geotechr
Exploration, Inc. in the preliminary geotechnical investigation and updates of
site dated December 21, 1995 and September 26, 1996 and any amendment
updates of the report, that is on file in the Planning Department.
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46. Prior to approval of a final map, improvement plans shall be submitted tc
Engineering Department showing locations and sizing of reclaimed and or u
runoff diversion facilities, in accordance with tlhe Carlsbad Municipal P
District requirements and the phasing schedule plrovided in the Zone 20 LJ
Reclaimed water facilities shall be constructed in all major roadways withil.
project.
47. The Developer shall dedicate to the Homeowner’s Association on the final mal
open space maintenance easement over a) open space Lots 6 and 155, excludinl
desiltation basin located within Lot 155; b) the recreational vehicle lot (Lot 15t
common recreation lots 107 and 157; and d) those ]portions of Lots 1 through !
through 47, 54, 55, 65 through 77, and 137 through 154 identified as “I
maintenance easement” on the tentative map, Exhlibits “A” - “E”, dated Oct
15, 1997; to enable maintenance activities within the easement area, including,
not limited to, landscaping and irrigation in accordance with the approved site
and landscape plans, removal of debris and trash, and erosion prevention
remediation. A note to this effect shall be placed on the non-mapping data she
the final map.
48. Removal of native vegetation and development of Open Space Lot(s) 6 and
including but not limited to fences, walls, decks, storage buildings, pools, spas, stair
and landscaping, other than that approved as part of (the grading plan, improve)
plans, biological revegetation program, landscape plan, etc.) as shown on Exhibits
through “AAA”, is specifically prohibited, except upon written order of the Carl,
Fire Department for fire prevention purposes, or upon written approval of the Plan
Director, based upon a request from the Homeowners Association accompanied 1
report from a qualified arboristhotanist indicating the need to remove specified 1
and/or plants because of disease or impending danger to adjacent habitable dwe
units. For areas containing native vegetation the report required to accompany
request shall be prepared by a qualified biologist.
49. Prior to approval of the final map, the Developer shall provide an irrevocable offi
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tenta
map within Open Space Lot(s) 155. If the City of Carlsbad accepts dedication of the
easement, the trail shall be constructed as apublic trail and will be the maintenance
liability responsibility of the City of Carlsbad. If the City of Carlsbad does not ac
dedication of the trail easement, the trail shall still. be constructed but it shal:
constructed as a private trail and shall be the maintenance and liability responsibilit
the Master Homeowner’s Association.
50. 3.4 acres of coastal sage scrub (CSS) habitat will be directly impacted by
project. Pursuant to the Interim Take provisions alf the 4d Rule for the Calif01
Gnatcatcher, the project shall be required to mitigatte this take of 3.4 acres of (
by acquiring for preservation comparable quality hatbitat at a 2:1 ratio. Prior to
recordation of the first final tract map, the applicant shall mitigate this impacl
purchasing for preservation 6.8 acres of comparable quality CSS habitat within
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high quality, coastal sage scrub area found in the Carlsbad Highlands mitig:
bank or such other location found acceptable by the agencies, upon approval a
US Fish and Wildlife Service (USFWS), the Califfornia Department of Fish
Game, and the City of Carlsbad.
5 1. Prior to the issuance of the final map or grading permit, whichever occurs firs1
developer shall obtain written approval of the Cahfornia Coastal Commissio:
record a release of the deed restriction to allow the alteration of landform
removal of vegetation within the area identified by Deed Restriction (Co
Recorder of San Diego County File No. 89-113853) dated 03-06-89.
52. In accordance with the “Wetland Determination Report for the Mariano Proj
prepared by Dudek and Associates dated July 24, 1996, the applicant shall co:
with the California Department of Fish and Game (CDFG) and receive concurl
that a 1603 Agreement is not required to mitigate the .01 acre of mule fat ident
within the project boundaries, or the applicant shall receive any required pe
prior to the issuance of a final map or grading permit, whichever occurs first.
53. At least 10% of units located along the ridgeline west of Aviara Parkway sha
limited to one story or at least 50% of all ridgeline units shall be single story fc
least 50% of the building coverage.
54. Prior to the issuance of building permits, the applicant shall provide evidence tc
satisfaction of the Planning Director that roof materials and colors are varie
provide a wide dark to light spectrum and exclusive of Spanish barrel type tiles.
Engineering:
55. If the developer chooses to record a final subdivision map out of the phase shown 01
tentative map, the new phasing must be reviewed and approved or conditionally apprt
by the City Engineer and Planning Director.
56. Prior to hauling dirt or construction materials to or from any proposed construction
within this project, the developer shall submit to and receive approval from the
Engineer for the proposed haul route. The developer shall comply with all conditions
requirements that the City Engineer may impose with regards to the hauling operation
57. Rain gutters must be provided to convey roof drainage to an approved drainage cour:
street to the satisfaction of the City Engineer.
~ 58. Additional drainage easements may be required. Drainage structures shall be providc
~ installed prior to or concurrent with any grading or building permit as may be require1
the City Engineer.
NOTE: Unless specifically stated in the condition, all of the following conditions, upon
approval of this proposed major subdivision, must be met prior to approval of a final map.
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59. The developer shall provide an acceptable means for maintaining the private easer
within the subdivision and all the private: streets, sidewalks, street lights, storm
facilities and sewer facilities located therein and to distribute the costs of
maintenance in an equitable manner among the owners of the properties withi]
subdivision. Adequate provision for such maintenance shall be included with the CC
subject to the approval of the City Engineer.
60. All concrete terrace drains shall be maintained by th,e homeowner's association (:
commonly owned property) or the individual property owner (if on an individ
owned lot). An appropriately worded statement clearly identifying the responsil
shall be placed in the CC&Rs (if maintained by the Association) and on the final may
6 1. The developer shall defend, indemnify and hold harmless the City and its agents, offi
and employees from any claim, action or proceeding against the City or its ag
officers, or employees to attack, set aside, void or null an approval of the City
Planning Commission or City Engineer which has been brought against the City w
the time period provided for by Section 66499.37 of the Subdivision Map Act.
62. The developer shall provide for sight distance corridors at the inclusionary housing
driveway (at Lot No. 5) in accordance with Engineering Standards and shall recon
following statements on the conforming mylar tentative map, site development
and landscape plans:
a. "No structure, fence, wall, sign, or other object over 30 inches above the s
level may be placed or permitted to encroach within the area identified as a :
distance corridor in accordance with City Standards. The underlying pro1
owner, or homeowner's association shall maintain this condition."
b. Within the sight distance zone, street trees must have no branches or fol
lower than 8'-0" above the sidewalk or finished grade. At the tim
planting, shrubs and ground cover must be of a species and variety thr
maturity, without pruning, the height will not exceed 30".
63. Prior to issuance of a building permit for any buildable lot within the subdivision,
property owner shall pay a one-time special development tax in accordance with 1
Council Resolution No. 9 1-39.
64. The developer shall pay all current fees and deposits req.uired.
65. The owner of the subject property shall execute an agreement holding the City ham
regarding drainage across the adjacent property.
66. The owner shall execute a hold harmless agreement for geologic failure.
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68.
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Prior to approval of any grading or building permits for this project, the owner shall
written consent to the annexation of the area shown within the boundaries o
subdivision plan into the existing City of Carlsbad Street Lighting and Landsc;
District No. 1 on a form provided by the City.
This project is within the proposed boundary of the Aviara ParkwayRoinsettia I
Fee District. This project is required to pay a fair share contribution to the district. I
developer will be requesting fee credits on any portion of the facilities which
required to be constructed in accordance with the conditions of approval for
project, the developer must establish an accounting system for this construc
prior to the beginning of the construction, to the satisfaction of the Prin
Engineering Inspector and City Engineer.
Based upon a review of the proposed grading and the grading quantities shown o
tentative map, a grading permit for this project is required. The developer must su
and receive approval for grading plans in accordance with City codes and standards.
Prior to the issuance of a grading permit, the developer shall submit proof that a Noti'
Intention has been submitted to the State Water Resources Control Board.
Upon completion of grading, the developer shall ensure that an "as-graded" geologic
is submitted to the City Engineer. The plan shall clearly show all the geology as exF
by the grading operation, all geologic corrective measures as actually constructed
must be based on a contour map which represents both the pre and post site grading.
plan shall be signed by both the soils engineer and the engineering geologist. The
shall be prepared on a 24" x 36" mylar or similar drafting film and shall becor
permanent record.
No grading for private improvements shall occur outside the limits of the subdivj
unless a grading or slope easement is obtained from the owners of the affected prope
and recorded. If the developer is unable to obtain the grading or slope easemenl
grading permit will be issued. In that case the developer must either amend the tent;
map or modify the plans so grading will not occur outside the project site in a ma:
which substantially conforms to the approved tentative map as determined by the
Engineer and Planning Director.
In accordance with the preliminary geo-technical report, to aid in struc
foundation design alternatives, settlement monumelnts shall be installed on all
greater than 20' in thickness, in the canyon areas, and in areas where surcharge
are going to be placed. The settlement monuments shall be installed immediz
upon the completion of rough grading. Weekly settlement readings shall be h
by a licensed surveyor until the data indicates that an alternate schedule
termination of the monitoring is warranted to the satisfaction of the City Enginec
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74. The developer shall install or agree to install and secure with appropriate secur?
provided by law, a detention basin of a type and size, :as approved by the City Engi
The location of the basin shall be as shown on the tentative map (canyon area s
of Lot No. 6) and also as approved by the City Engineer. Prior to final map
developer shall dedicate a public access easement to the detention basin, fron
public right-of-way. Additionally, prior to final map, the developer shall dedic:
public easement over the detention basin for future public maintenance purp
Public maintenance of the detention basin shall begin once the public improven!
for the subdivision have been accepted by the City. The basin shall be serviced 1
all-weather accesdmaintenance road, which shall include a turn-around at
detension basin, which shall accommodate a single unit truck having a tur
radius of 30 feet.
75. The owner shall make an offer of dedication to the City for all public streets
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 sha:
granted to the City free and clear of all liens and encumbrances and without cost tc
City. Streets that are already public are not required to be rededicated.
76. Prior to issuance of building permits, the developer shall underground all exi
overhead utilities along & within the subdivision boundary.
77. Direct access rights for all lots abutting Aviara Parkway shall be waived on the final I
78. The drainage system shall be designed to ensure that runoff resulting from 10-
frequency storms of 6 hours and 24 hours duration under developed conditions, are e
to or less than the runoff from a storm of the same frequency and duration under exi:
developed conditions. Both 6 hour and 24 hour storm duration's shall be analyze
determine the detention basin capacities necessary to accomplish the desired results.
79. The developer shall comply with the City's requirements of the National Pol11
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as referenced in the "California Storm Water Best Manager
Practices Handbook" to reduce surface pollutants to an acceptable level prior to disch,
to sensitive areas. Plans for such improvements shall be approved by the City Engir
Said plans shall include but not be limited to notifying prospective owners and tenanl
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, pu'blic or private, or into storm d
or storm water conveyance systems. Use and disposal of pesticides, fungici
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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 pollv
when planning any changes to the landscaping and surface improvements.
d. Surface pollutant mitigation measures shall be implemented for the par
area of the inclusionary housing site. Onsite surface pollutants mus
mitigated prior to surface run-off being discharged into the public rigl
way and/or public storm drain system. Polllutant mitigation measures
include, but are not limited to: draining surface run-off through vegel
swales, installing onsite de-pollutant basins, installing onsite storm d
filters, etc. Mitigation measures shall be shown on the conforming; myla]
development plan.
80. 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 prov
by law, improvements shown on the tentative map, in accordance with the followin!
a. Aviara Parkway full major arterial 102’ right of way/82’ curb to curb SI
improvements, along the project’s frontage, including full raised me
improvements and any required transitions to existing grading
improvements.
b. Full traffic signal installation at the Mariano “A” Street/Aviara Park
Cobblestone Road intersection.
c. Full on-site local street improvements to “A, C & E” Streets, to a 60’ rigl
way/40’ curb to curb width, including street light standards and conc
sidewalks.
d. In accordance with the City’s cul-de-sac-stamdards, a maximum of 50 u
can be constructed, on both the east and west side of Aviara Parkway I
units total), within the subdivision boundary, until the following off
street improvements are completed:
i> Off-site asphaltkoncrete (NC) improvements to “C” Street to a w of 28’, up to the existing “match line” of Coneflower Drive, within
Sambi subdivision. From the “match line” south, Mariano s
complete the 40’ A/C paving top coat to Plum Tree Road, and, s
install or connect to the water line from Plum Tree Road;
ii) Off-site asphaltkoncrete (A/C) improvements to “E” Street to a w
of 28’, from the Mariano southerly subdivision property lint
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existing Aviara Parkway. Additionally Mariano shall instal
connect to the potable and reclaimed water line, within Plum
Road, from Aviara Parkway, to the Mariano southerly subdiv
property line.
e. Full cul-de-sac street improvements to “B, D & F” Streets, to a 56’ rig1
way/36’ curb to curb width, including street light standards and con4
sidewalks.
f. Full improvements to private street “A” (Lot No. 57), to a 30’ curb to I
width, with one (1) 4.5’ concrete sidewalk located on the easterly side o
street.
g. Existing San Diego Gas & Electric (SDG&E) power poles, within the cal
area, shall be raised to accommodate power line sag and provide adeq
clearance from the power lines to the proposed street system within Mari
to the satisfaction of the City Engineer and SDG&E. (See note on sheet 5
of the tentative map.)
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. Improven
listed above shall be constructed within 18 months of approval of the sec
improvement agreement or such other time as provided in said agreement.
81. Some improvements shown on the tentative map andor required by these condition:
located off-site 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 developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code b3
later than sixty days prior to filing the final map for approval, providing the
with sufficient information, reports and data, including but not limited to,
appraisal and title report, to enable the City to commence proceedings pursuar
Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in the 1
which will permit the improvements to be made, including proceedings
immediate possession of the property, pursuant to Article 3 of said title. ’
subdivider shall bear all costs associated with the acquisition of the prop1
interests and the estimated cost thereof shall be secured as provided in Sec
20.16.070.
82. The design of all private streets and drainage systems shall be approved by the
Engineer. The structural section of all private streets shall conform to City of Carl:
Standards based on R-value tests. All private streets ((Private Street “A”/Lot 57)
drainage systems shall be inspected by the City. The standard improvement plan cf
and inspection fees shall be paid prior to approval of the final map for this project.
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83. Notes to the following effect shall be placed on the final map as non-mapping data:
a. Geo-technical Caution:
i) Slopes steeper than two parts horizontal to one part vertical exist M
the boundaries of this subdivision.
ii) The owner of this property on behalf off itself and all of its successo
interest has agreed to hold harmless and indemnify the City of Carl
from any action that may arise through any geological failure, grl
water seepage or land subsidence and subsequent damage that may (
on, or adjacent to, this subdivision due to its construction, operatic
maintenance.
b. No structure, fence, wall, sign, or other object over 30 inches above the s
level may be placed or permitted to encroach within the area identified as a I
distance corridor in accordance with City Standards. The underlying pro1
owner, or homeowner’s association shall maintain this condition.”
c. Within the sight distance zone, street trees must have no branches or fol
lower than 8’-0” above the sidewalk or finished grade. At the tim
planting, shrubs and ground cover must be of a species and variety th:
maturity, without pruning, the height will nod exceed 30”.
84. An all weather access and turn-around must be provided to the inlet of the
storm drain which is proposed within “F” Street.
85. The developer shall provide the engineering department with either pro0
dedication and recordation of fee title, or access easement dedication across Pri
Street “A” (Lot No. 57) to the Sudan Interior Missioln (SIM) property.
86. At the inclusionary housing site (sheet 6 of 6 of the Mariano site development pl
where proposed parking stalls are immediately adjacent to and at an angle to e
other, 5’ offsets shall be provided to facilitate ingress and egress to the par1
stalls. This shall be shown on the conforming mylar site development plan
87. The proposed sewer line and sewer easement, located at Lot No. 156, shall
deleted. This shall be shown on the conforminc mylar tentative map and
development plan.
88. Prior to issuance of a grading permit, a Joint Use agreement shall be exec1
between the City and San Diego Gas & Electric (SDG&E) Co. for the encroachm
of proposed “F” Street into the existing SDG&E easement. The developer s!
process this Joint Use agreement.
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Fire:
89. Multi-family: Provide additional public fire hydrants at intervals of 300 feet along p
streets and private driveways. Hydrants should be located at street intersections
possible, but should be positioned no closer than 100 feet from terminus of a strc
driveway.
Single-family: Provide additional public fire hydrants at intervals of 500 feet 2
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 I
or driveway.
90. 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 indicate off-site fire hydrants within 200 feet of the project.
91. Prior to issuance of the building permit, the applicant shall obtain fire depart]
approval of a wildland fuel management plan. The plan shall clearly indicate met
proposed to mitigate and manage fire risk associated with native vegetation gro
within 60 feet of structures. The plan shall reflect the standards presented in the
suppression element of the City of Carlsbad Landscape Guidelines Manual Pric
occupancy of buildings, all wildland fuel mitigation activities must be complete, ani
condition of all vegetation within 60 feet of structures found to be in conformance
an approved wildland fuel management plan. Landscape plans must be approved b)
Fire Department prior to issuance of any building permits.
92. The applicant shall provide a street map which conforms to the following requireml
A 400 scale photo-reduction mylar, depicting proposed improvements and at
existing intersections or streets. The map shall also clearly depict street center1
hydrant locations and street names.
Water:
93. 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.
94. 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 D
County Water Authority capacity charge will be collected at issuance of applicatior
meter installation.
95. Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requireme
Also obtain GPM demand for domestic and imigational needs from approp~
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parties.
b. Prepare a colored reclaimed water use area map and submit to the Pla~
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement ple
meeting must be scheduled with the District Engineer for review cornmen1
approval of the preliminary system layouts and usages (i.e., GPM-EDU).
96. This project is approved upon the expressed condition that building permits will nl
issued for development of the subject property unless the water district servini
development determines that adequate water service and sewer permits will contin
be available until time of occupancy. This note shall be places on the final map.
Code Reminders:
97. Approval of this request shall not excuse compliance with all applicable sections o
Zoning Ordinance and all other applicable City ordinances in effect at time of buil
permit issuance, except as otherwise specifically provide herein.
98. The Developer shall submit a street name list consistent with the City's street name p~
subject to the Planning Director's approval prior to final mag approval.
99. The developer shall exercise special care during the construction phase of this proje
prevent offsite siltation. Planting and erosion control shall be provided in accord
with the Carlsbad Municipal Code and the City Engineer.
100. 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.
10 1. 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 Plam
Director prior to installation of such signs.
102. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the 1
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
103. The Developer shall pay a landscape plan check and inspection fee as required by Sec
20.08.050 of the Carlsbad Municipal Code.
104. The developer shall exercise special care during the construction phase of this projec
prevent off-site siltation. Planting and erosion controlL shall be provided in accords
with the Carlsbad Municipal Code and the City Engineer
105. An all weather, unobstructed access road suitable for emergency service vehicles shal
provided and maintained during construction. When in the opinion of the Fire Chief,
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access road has become unserviceable due to inclement weather or other reasons, he
in the interest of public safety, require that construction operations cease untj
condition is corrected.
106. All required water mains, fire hydrants and appurtenances shall be operational I:
combustible building materials are located on the construction site.
107. Prior to final inspection, all security gate systems controlling vehicular access sha
equipped with a “Knox”, key-operated emergency entry device. Applicant shall co
the Fire Prevention Bureau for specifications and approvals prior to installation.
PASSED, APPROVED AND ADOPTED at a~ regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 15th day of October 1997, b
following vote, to wit:
AYES: Chairperson Nielsen, Commissioner Compas, Heineman
Noble
NOES: None
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ABSENT: Commissioner Monroy, Savary and Welshons
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TAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
V W. MICHAEL J. HOLZMIL~~R
Planning Director
PC RES0 NO. 4186 -25-