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HomeMy WebLinkAbout1997-10-15; Planning Commission; Resolution 4186a a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 1 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 I 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 ~ relating to the Tentative Tract Map. ... 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ~ PC RES0 NO. 4186 -2- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: PC RES0 NO. 4186 -3- a 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 4 186 -4- e a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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; PC RES0 NO. 4186 -5- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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; ... I PC RES0 NO. 4186 -6- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ~ 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. ... PC RES0 NO. 4186 -7- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The 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. ... PC RES0 NO. 4186 -8- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.” PC RES0 NO. 4186 -9- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. 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. ... PC RES0 NO. 41 86 -1 0- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ' 27 28 ~ 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. I ... 1 PC RES0 NO. 4186 -1 1- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 4186 - 12- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ' 20 21 22 23 24 25 26 27 28 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. ... PC RES0 NO. 4186 -13- 0 #I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 41 86 -14- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 i PC RES0 NO. 4186 -15- e I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 41 86 -16- 0 I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ... PC RES0 NO. 4186 -17- 0 (I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 67. 68. 69. 70. 71. 72. 73. ~ ... PC 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 RES0 NO. 4186 -18- 0 ab 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 74. 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 PC RES0 NO. 4186 -19- 0 (I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 I PC RES0 NO. 4186 -20- e a, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ... PC RES0 NO. 4186 -21- 0 (I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ... PC RES0 NO. 4186 -22- e 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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~ PC RES0 NO. 4186 -23- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, ~ PC RES0 NO. 4186 -24- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSENT: Commissioner Monroy, Savary and Welshons -48 ! TAIN: None CARLSBAD PLANNING COMMISSION ATTEST: V W. MICHAEL J. HOLZMIL~~R Planning Director PC RES0 NO. 4186 -25-