Loading...
HomeMy WebLinkAbout1991-01-08; City Council; 10971; Broccato. 1 CV- OF CARLSBAD - AGENC ^ BILL B P $ . . e 2 d 5 8 I RB# lo,93 / . . m APPROVING TENTATIVE SUBDIVISION MAP, SITE DEPT. HD.i ma MTG. l/8/91 = DEVELOPMENT PLAN AND HILLSIDE DEVELOPMENT A, -, /A - PLAN FOR A 79 LOT/72 SINGLE FAMILY DWELLING UNIT CITY ATTYt’ ’ DEPT. CA PROJECT APPLICANT: BROCCATO CT 89-19/SDP 89-7/HDP 89-37 CITY MGFi If Council concurs your action is adopt Resolution No. q/-s approving the Tentative Map (CT 89-19), Site Development Plan (SD6 89-7) and Hillside Development Permit (HDP 89-37) and adopt Ordinance No. NS-136 approving the zone change ZC 89-6. ITEM EXPLANATION The City Council at your meeting of December 18, 1990 directed our office to prepare a resolution approving the Tentative Map (CT 89- 19) I Site Development Plan (SDP 89-7) and Hillside Development Permit (HDP 89-37). That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. EXHIBITS Resolution No. 91 -5 Ordinance No. NS-136 , 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 - RESOLUTION NO. 91-Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE SUBDIVISION MAP (CT 89-19), SITE DEVELOPMENT PLAN (SDP 89-7) AND HILLSIDE DEVELOPMENT PERMIT (HDP 89-37) FOR A 79 LOT/72 SINGLE FAMILY DWELLING UNIT PROJECT ON 40.95 ACRES OF LAND GENERALLY LOCATED ALONG THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER HILLS DEVELOPMENT, IMMEDIATELY WEST OF THE AVIARA MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 19. APPLICANT: BROCCATO CASE NO: CT 89-19/SDP 89-7/HDP 89-37 WHEREAS, on October 17, 1990 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Tentative Subdivision Map CT 89-19, Site Development Plan SDP 89-7 and Hillside Development Permit HDP 89-37 for a 79 lot 72 unit single family dwelling project and adopted Resolutions Nos. 3110, 3111, and 3112 respectively, recommending to the City Council that the Tentative Subdivision Map, Site Development Plan and Hillside Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on December 18, 1990 held a public hearing to consider the recommendations and heard all persons interested in or opposed to CT 89-19/SDP 89-7/HDP 89-37; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the tentative subdivision map of this project (CT 89-19) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3110 marked Exhibit A and attached hereto are the findings and conditions of the City Council except for the following changes: . 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 A. Condition No. 15 is amended to read as follows: "Prior to final map approval the project applicant shall: (A) Submit evidence satisfactory to the Planning Director that an offer of dedication of all onsite wetlands to the State Lands Commission has been made. (B) Irrevocably offer to dedicate in fee to the homeowner's association all open space lots on CT 89-19 except for the wetlands which shall be dedicated to the State Lands Commission. A covenant of easement shall be placed over all open space lots for access and maintenance. (Cl Irrevocably offer to dedicate in perpetuity to the City of Carlsbad an open space and public access trail easement within the wetlands buffer area." B. Condition No. 77 is amended to read as follows: "No building permit shall be issued for the project until and unless there is adequate capacity within the Batiguitos lift station as determined by the City Engineer. Prior to the issuance of building permits, the developer shall pay all Sewer Benefit Area Fees in effect at the time of building permit issuance.l@ C. Condition No. 14 is amended to read as follows: "The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall include provisions specifying: (1) Homeowner's association maintenance responsibility for all natural and manufactured project open space areas including the wetlands buffer area, public trial and parking lot: and (2) That no private development (i.e., rear yard structures or landscaping) shall be permitted within this open space: and (3) The parking lot shall have signage indicating that it is for public use and the CC&Rs shall prohibit use by the Broccato residents and their guests. Public access, landscaping or other public utilities as approved on the Landscape Concept Plan (Exhibit lqGIU, dated September 18, 1990) shall be permitted. D. Condition No. 47 is amended to read as follows: "No grading permits shall be issued for this subdivision prior to recordation of the final map unless approved by the Community Development Director, City Engineer and Planning Director.t1 E. Condition No. 92 is added as follows: "Approval of this subdivision map is contingent upon the provisions of adequate public facilities to satisfy the Public 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 - Facilities Element of the General Plan. At this time a Mello Roos Community Facilities District is proposed to finance the construction of several citywide facilities necessary to serve new development. If the Mello-Roos Community Facilities District is not formed, or if the Community Facilities District is formed but the subject properties are not participants within that District, the required General Plan Consistency finding cannot be made. Therefore, no final map can be approved unless the citywide Mello- Roos District is formed or an alternate financing mechanism is provided by the developer and approved by the City Council to finance the facilities legally applicable to Zone 19 that would have been or are included in the Community Facilities District. For the purpose of this condition the Mello-Roos District will be considered to be formed following an affirmative vote of the property owners plus a 30-day period as prescribed by law to provide for any protest regarding the formation of the District.tt F. Condition No. 26 is amended to read as follows: "Prior to the issuance of any building permit, the applicant shall submit evidence satisfactory to the Planning Director that an offer of dedication of the wetland has been made to the State Lands Commission.11 4. Site Development Plan SDP 89-7 is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3111 marked Exhibit B and attached hereto are the findings and conditions of the City Council. 5. Hillside Development Permit HDP 89-37 is approved and that the findings and conditions of the Planning Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 contained in Resolution No. 3112 marked Exhibit C and attached hereto are the findings and conditions of the City Council. . PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of January 1991, by the following vote, to wit: AYES: Council Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT: None ABSTAIN: Council Mem ATTEST: ALETHA L. RAUT (SEAL) 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PIMNING COMMISSION RESOLUTION NO. 311Q A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP FOR 72 SINGLE FAMILY DWELLINGS ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER HILLS DEVELOPMENT AND WEST OF THE AVIARA MASTER PLAN. CASE NAME: BROCCATO CASE NO.: CT 89-19 WHEREAS, a verified application for certain property to wit: All or portions of lots 1, 11 and 12 in Section 33, Township 12 south, Range 4 west, San Bernardino Meridian. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of October, 1990, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 89-19, based on the following findings and subject to the following conditions: Find&g: 1. 2. The project is consistent with the Cit-ys General Plan since the proposed density of 3.1 du’s/net acre is within the density range of O-4 and 4-8 du’dacre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 5.03. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. ’ . r .1 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 3. 4. 5. 6. 7. a. 9. 10. 11. .- The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds t&at sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on he final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the Carlsbad school Distlict. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approvaL The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed project is compatible with the -unding future land uses since surrounding properties are designated for Residential/Open Space development on the General Plan in EIR was prepad for this project qnd has been recommended for certii%ation by the Pl2u&n&cQmmjssi OIL The EIR (EIR 89-l) identified a number of potentially significant impacts created by this project and possible mitigation meamres to reduce these impacts toalevdofin@dhmm Thesemitigationmeasures have been incorporated into the project through redesign or conditions of approva& to reduce all impacts to a level of . . . umgdhnce. Theintentofanmit@tion x1mmresproposedinEIR89-larecontainedinthis ~~nbywayofcjthprspedficconditionrofapprovalorinAttachment~~which containsmitigation- that have ken xnodihi to: confoxm to City Policies; or, ~~morr~mitigatetheimpad;or,ti~toaspecificphaseof . c0m~a0n so that they could be more easily monitored. Application of these measures mitigatesaRidad&dimpacktoahmdofidgScam~ The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. PC RESO NO. 3110 -2- 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 20 12. 13. 14. 15. 16. 17. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside Ordinance) and meets all the requirements of that Chapter to ensure the sensitive treatment of the City’s hillside resources. ThT 21) n!qathments of the Zoning Ordknce (Title . , SF&y (CT@-191 ~tisfiesall Wmance(TQle20)andtbeStateMapAct. TheprojectisconsistcntwithallpolidesoftheM~oIIIncalcoastal~~ TbeproposedprojecttconsistentwitbtheInterimOpenSpaceOrdkance. Conditions: 1. 2. 3. 4. 5. 6. Approval is granted for CT 89-19, as shown on Exhibit(s) “A” - “I”, dated September 18, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproduable 24” x 36”, mylar copy of the Tentative Map and Site Development Plan as approved by the Planning Commission. The Tentative Map and Site Development Plan shall reflect the conditions of approval by the City. The Map and Plan copies shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs frrst. A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to ~ the recordation of the f5nal map. Said map shall show all lots and streets within and adjacent to the project. This project is approved upon the express condition that the f?nal map shall not be approved unless the City Council finds as of the rime of such approval that sewer service is available to serve the subdivision. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map* This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28,1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to ful!ll the subdivider’s PC PESO NO. 3110 -3- .- - 3 2 ? 4 e e 7 t S 1c 11 12 11 14 l$ 1C 17 1e 19 20 21 22 23 24 25 26 27 20 7. 8. 9. 10. 11. 12. 13. 14. 15. agreement to pay the public facilities fee dated June 15, 1989, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the Carlsbad Unified School District No. 1 (Mello-Roes) fee schedule in effect at the time of building permit application. Water shatll be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. This project shall comply with all conditions and mitigation required by the Zone 19 Local Facilities Management Plan approved by the City Council on December 22, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Approval of CT 89-19 is gr&ted subject to the approval of ZC 89-6, SDP 89-7, HDP 89-37 and EIR 89-l. The applicant shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the %nn.hg Director prior to final map approvah The CC&R’s sirall include provisions qa$jhgz (1) hmmowmds association maimama respordility for all natural and mmufaaurcdprojcctapenspaceanasindudingdrt~~~area,publietrailand ~bt,=am-oprivatcdevebpmmt (itrrugardm~orbndrcaging) shallbepexldedwithinthisopenspacc Publicaa?ess,~orotherpublic ~~~ontht~conecptPlan~~Y;‘,&tedseptember18, 19!m)shank~ RiortowmaprppnrrraltheprojectapplicantIshll: (A) submit~~tothplanning~rtbataaoffuofdedication ofdoIIsitewethn&totheSeatc~COmmiSSiOnhasbeenmade, PC RESO NO. 3110 4 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. 17. 18. 19. 20. 21. 22. 23. 24. and public access txail e;rsanentwiti&thewetlandsbu!&rarea. priort0finalmaplpprovasthprojcaapplicantshallo&rtodedjcateanimMcable easement for the Batiquh hgoon Public Trail from Fioti Court to the I-5 Gghtaf--way. Pliortothe oecupaaeyofanyofthedweningrmit3,thprojectapplicantshallbe~~ to construct a sound attenuation waU/bam rangingbetween6aad8feecinheightalong tbrwesternand/orsoutbernpropaty~of~41,42,43,44,45,46and48~nsistent with the recommendations of the Supp- Noise Analysis for Broccato at Batiquitos shores, mco~ 1990). Priortothe occupancgofunikonlok4O-48,mechanUventilationshallberequixed tobeincorporatedinto~struchmr~~wirhtherecommmdatio~ofthr Supplemental Noise Ana@& for Broccato at Batiquitos Shore (&con, 1990). Pxiortothe occupancyofuniEsonlocs44,45,46and48,funy~~minimum3/8 inehglassorp~balconybarrienshallbe~~tobeco~~onall~~ story unit balconies. This project is approvled subject to the condition that residential water consavation measures inch* water efkient phunbing fixtures in conformance with State and Local Iaws and Policies, be incorporated into the project’s desiga hiortothcrecordationofthcfirstfinaltnrctmaportheissuanceofresidentiabuilding ~w~~icfint,theowecrofrreordofthp~within~~~of tenEatMtract~shallpreparcandrccordanotirerbatthispropertyissubj~t0 owdligh& sigh& and sound of a&aft operating from McCUan-Palomar Sport in a mannermeetingtheapprovalofthePlanningDixectorandtheCity&omey. The applicantshaJlpo6tairaaftnoisenot&ationsignsinallsalesand/orrentaloflices . assoc3atedwiththenewdevelopment. Thnumberandlocationsofsaidsignsshallbe approved by the Planning Director. The applicant shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. An exterior lighting plan for the trailhead parking area shall be submitted for Planning Director approval. Au lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 7laisprojectbapprovcdsubjecttothe~thatall~impor&dgladed mate&lshankobtainedfromtheAviaT8bGsterPlanAre& Ifthisimportedsoi.listobe obminedhm~otherma,thenaampkte~reviewandothernecesSary pelmikshallbercquircEd PC RESO NO. 3110 -s- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of pa&g or buildingpermits,whicheveroccursfirst. Allr&datWstreetstr~~praposed~~ Ie+iredtobelowcanopytxees(ie,Cax&orEvergmenPear). A master plan of the existing onsite trees shall be provided to the Planning Director as part of the final gdhg plan to determine which trees shall be required to be preserved p&r to the issuance of a grading petit or a building permit, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Existing onsite trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Department during the review of a Master Plan submitted showing existing onsite trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Department. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. Preliminary landscape plans shall be submitted. All landscape plans shall be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Pl: ruing Department. Landscape plans shall be designed to minimixe water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation The developer shall avoid trees that have invasive root systems, produce excessive litter and/or are too large relative to the lot size. Prior to iinal occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. All herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carl&ad Municipal Code. The first set of landscape and kigation plans submitted shall include submitted building plans, improvement plans and grading plans. PC RESO NO. 3110 -6- 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. 39. 40. 41. 42. 43. 44. 45. 46. All landscape and krisation plans shall show existing and proposed contours and SIUII match the grading plans in terms of scale and location of improvements. Mature trees which are removed shall be replaced one to one with minimum 36” box specimen. Each case shall be reviewed by the Planning Director. The number of trees in a residential project shall be equal to or greater than the number of residential units. The developer shall display a current Zoning and Land Use Map in the sales office at all rimes, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be Iimited to trails, future and existing schools, parks, and streets. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution (including Attachment “A”) on a 24” x 36 blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Approval is granted for HDP 89-37, as shown on Exhibits “C“ - “F”, dated September 18, 1990, incorporated by reference and on file in the Planning Depamnent. Development shall occur substantially as shown on the approved exhibits. Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this Hillside Development Permit. W project is approv~I subject to compli24nce with a5 conditions of approval included in Attachment =A’. Priortotheismance ofagradingpermitortherccordationofthefinalmap,theproject applicantsballreceive a Coastal Developmint Permit that approves development that is in subseantial confoImance withthisCityapprovaL TheCoastalPermitshaUberequired to be subtied to the City Planning Department for review prior to the issuance of a gradingpermit Enzineering Conditions: 47. No grading permits shall be issued for this subdivision prior to recordation of the final maP* 48. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 49. Upon completion of grading, the developer shalI ensure that an “as-graded” geologic plan be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic correcrive measures as actually constructed and must PC RESO NO. 3110 -7- 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 50: 51. 52. 53. 54. 55. 56. 57. 58. 59. be based on a contour map which represents both the pre and post site grading. ti plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar draft@ film and shall become a permanent record. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. Prior to hauling dirt or construction materials to any proposed construction site tith.n~ this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. The developer shall construct desiltation/detention basins of a type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit or fmal map which ever occurs first for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this project as required by the city Engineer. Rain gutters must be provided to convey roof drainage to the front yard w! ere feasible to the satisfaction of the City Engineer. . Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. The developer shall make an offer of dedication to the City for all public streets and easemenk required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the Enal map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Direct access &hk for all lots abutting Batiquitos Drive shall be waived on the final map. Except for the 30 foot opening to Lots 63 and 64. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form shall be provided by the City during the improvement plancheck process. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to dkhargeassbownontk&ikation/urbanpoRutantraiu&nbasindeUedonExhibits PC RESO NO. 3110 -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 6C. 61. 62. 63. 64. ‘A’ ;rad W dated scptrcmber 18, 1990. Final plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. Plans, specifications, and supporting documents for all improvemenk shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: 1 unit A. B. C. D. E. unit 2 k Extension of storm drain from Broccato Lane North along Batiquitos Drive to connect to the storm drains in Poppy bane and Daisy Lane including any proposed or existing drainage inlek on Batiquitos Lane south of Daisy Lane. Batiquitos Drive from ik existing terminus to the projects eastern boundary to modified secondary arterial standards shown on the tentative map. All street, drainage and utility improvements within the Unit 1 Boundary. The desiltation/urban pollutant reduction basin located at the south end of the project site, per Exhibits “A” and “G”, dated September 18, 1990. Modification to existing desiltation basin outlet pipe at Batiquitos Drive and Poinsettia Lane to bring it into compliance with present design standards. AU street, drainage and utility improvements within the Unit 2 boundary. A note to this effect shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 and 66445 of the Subdivision Map Act. Some improvements shown the tentative map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall conform to Section 20.16.095 of the Carl&ad Municipal Code. Improvemenk listed above shall be conskucted within 18 months of final map approval. higation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing poink to minimixe street excavati0x-L Prior to approval of the ilnal map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update. PC PESO NO. 3110 -9- - , _- 1 L 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 65. 66. 67. 68. 69. 70. 71. 72. 73. The developer shall comply with a.U the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R’s. Approval of this tentative a-act map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a) (2) Carlsbad Municipal Code. . The applicant shall agree to utilize reclaimed water, in Type I form, on the subject property in all common areas as approved by the City Engineer. Reclaimed water, as defined in Section 1305(n) of the California Water Code, means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. Direct access Gghk for Lots 2, 15,17,26,27,33,34,39,47 and 55 in and to Broccato Laneshallbewaivedonthefinalmap. ThemedianlandscapinginBatiquitosDriveshallbemaintainedinperpehlitybythe homeowners association or a maintenance dhtrict as may be established to the satisfaction of the City. prior to the !Inal map approval, appropriate wording and insurance requirements shall be induded in the CC&R’s or a maintenance district shall be established to the satisfaction of the City Engineer and City Attorney. This project is approved as a two unit project Should the developer decide to fmal map and develop out of numerical sequence with the unik shown on the tentative map ail conditions and imp- reqm of the proceeding unit shall be completed to the satisfaction of the City Eng&er. Pxiortooissumce of bu&iing pexmik for hk 33, 34, 3948 and 53-56, a deed . anrlnnmrthaIlkplacedontbcdeedtothescproputies~bjecttothesatisfactionofthe PhnningDircaorandcity~~notifying~intacstedpartiesandsuccessorsin . mWrestthatsoilsandgcob3gicconditionsexistonsuchpropertyrequixingremedial neasums specSed in geotechnid and soils reports submitted for this project and that thwsoilsand~~~~andotherprojectdetaitarcon~ewiththecityof Carl&ad Planning Dqarb~& The Devdopa has been condihoned to comply with such llmedidmeasuraand~thatit(dcvrbpa)hascompliedwithsaidmeasures. PC PESO NO. 3110 -lO- . L 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 20 74. 7s. 76. 77. 78. 79. 80. matalalandaresubjecttosomesetdrnrtnt Evemhoughmnedial- duetoliqu&cti0nduxingaseismiceven~ havebeenpmpoKdtomitigptetheseseismicrelated ipplCkSO~dangatOthepadOr- l0catdrhmonmysCilloccur. The devApershallthereforerecordasoilsandgeotcchaicaholdharmkssagm2nuwina fonnacceporbletothccityEngincerand~~priortofinalmapapproML J.U a~na~cautionnotin~invabiageacteptabLtothc~Engineer shanbeplacedonthefiualmapforuuit1. Mgradingerosion~~landbuilding~plandesjgnandconstnrctionshanadhereto thereq&anents0ftheEarthandHydrological~tionMeasures co-in Appa&xLofthefiual~impactreportfortbeprojea. GradingapciatioIlssballklimitedtothdag3bctwcmJ~landOctoberlunless othenkeapprowdbytheCityEnginw,PlauniugDirCCtOCandCaliforniaDepartmentof FiShandGSUWdCoasealCO~ 11 AnyapprovaltogradepriortoJunelshaUbe baseduponinformationsatisfactorytotbr~agencirYtbatsuchgradingshallnot negatively impact the Califomia Black Tailed Gnatcatcher. Pxiortogradingpermitissuann, thedev&pershallsubmitadustconfxulprogramonthe siteforappro~oftheCityEng&er. Thep~shalldetailthemeasuresnecewuy tocomplywiththeAirqualitymitigationmeasun5 ascontain&n&pendixLoftheFinal Envirod impact Report for the projea Oneofthcmodel~forthisprojectshallklaradscapedwitbdroughttolerantspedes subjecttotheappxwalofthePlauningDkctor. Piortoksuance of build@ permits for themodeluni&thedeAopershallprepareahonwbuyerskdscap&informationpacket which indudes information on drought tolerant landscaping designs plus a list of recommendedtmsandrchnrba,aadaoncpagekttcrcontainingthesoilsengineer . hmhapmg recommendations for the buihbg pad sites. This packet shall be approved by&City-p- andincl~withhlthe-givento homebuyersduxingsaleofthepropcrty. Baseduponaxeviewofthepropos4gradiugandthegradingquan&iesshownonthe tentativemap,agradingpermitfortbhproja!tisxequinA Riortoapprovalofafinal mapfortheprojectgheapplicantuuIstsubmitand receiwapprovalforlpadingplausin ~withCitycodesand~kissuedagxadingpamitandcompletethe gnldingwo*in~confonuancewiththeappro~gradingplans. d&l&onbasinlocatedatthesouthendofthepro$ectsitewillbemainkwibythe Hwwwuasko&iononrpanwentba& Theaswiakm~ageawntandbylaws andthepro~cc8R’rshallcontainpnrpirian fortheregular-andrepairof thefacikytothesati&&onoftheCityEugiuuzandCityAttomey. PC RESO NO. 3110 -ll- -. . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 143 19 20 21 22 23 24 25 26 27 28 Water Conditions: 81. Th~shall~111~~~ofthc~sadaptcdMasterPlanandthe DWdOp?IShdihldlallO~wateriUXp~~ neceswy to provide adequate presureanddematnd. 82. TbrDeveioper&llmSawitbtheFirtManbalandtheDistrirt~andrwiewthe pr&miMrywatersystemlayoutPRI0Rto preparntionofthe mybrimprwement plans. 83. Th~Ihallkrapoasibhfor~constructionoftheentirewatersystemand qpmamas(which~theco~nofwaterliues,pressure reduciug station andtherelocationofaisting~lhe). The&vhpermustmeetwiththeDistrictand . . resolveDcorloper/l)lsbne part in insding the 16. writer line instnlktion crossing lntastate No. 5. a4 The tkdoper will be responsibk for all fees aud deposits of subject project including the majorfacilities~wbichwillbecolleaedattimeofissuance of buitding permits. Fire Conditions: 85. 86. 87. 88. 89. 90. 91. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval prior to issuance of a building pennit. An all-weather access road shah be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials begin located on the project site. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the specifications contained in the City of C&bad Landscape Guidelines ManuaL All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Departrrient for approval prior to constntctio~ PC RESO NO. 3110 -12- . I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 2a 21 22 2: 24 25 28 27 2e PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of C&bad, California, held on the 17th day of October, 1990, by the following vote, to wit: AYES: Chairperson S&ramm, Commissioners: Schlehuber, McFadden, Erwin and Marcus. NOES: None. ABSENT: Commissioners Hall and Holmes. ABSTAIN: None. dhw.~ &ARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION AITEST: MICHAEI/J. HOLZMILLI!% PLANNING DIRECTOR PC RESO NO. 3110 -13- ATTACHhtiENT ‘A’ BROCCATO 1. 2. 3. 4. 5. 6. 7. 8. Prior to the issuance Of any grading permits, the applicant shalI submit a derailed, comprehensive geotechnical evaluation prepared by a professional soils engineer for the review and approval of the City Engineer. heaS of &viaI and CokrviaI Soils shall be indiCm?d on the grading pIans. A note shall be placed on the grading plans which indicates, “Alluvial and coUuti SO& shall be completely removed to the depth at which bedrock is enco~cered in areas which will support structures or structural IIIL Partial removal of at least S feet of alluvium in the main vahey floor shaII be petformed in areas where the depth of alluvial mate&I precludes total removal. All fill grading operations shall be supervised by a professional soils engineer. During the grading period, the applicant shall; install a minimum of three settlement monuments at the prepared surface of the alluvium, the pipe extended to the surface as !Tll is placed, and levels shot by the project sweyor. Prior to issuance of any building permits, primary settlement shall be complete. This provision shall be monitored by a professional soiIs engineer. Prior to issuance of Certificates of Occupancy for suuctures planned in the alluvium area as identified on the grading plan, the develovcr shall install heavily reinforced foundation systems per the recommenda!ons contained in the Geotechnical Reporr. Prior to issuance of any building permits, the developer shall submit for review and approval to the City Building Department plans which confotm to the Uniform Building Code (UBC) and the City’s Seismic Design Standards. During the construerion period, a profession so& engineer shall monitor temporary catch basins and shall ensure that collected sediments are properly disposed at a Class II or Uasa III soil disposal site. A note to this effect shall be placed on the appro=d lpIding Pkn. Grading operaeionr shall be limited to the days between June 1 and October 1 o&erwhe approved by the City Engineer, PIanning Director, Coastal . . Cammwmon and Cdifomia Department of Fish and Game. 9. Anocrrhrllkp~onpllgndingpknr~~t~dingshrllbcdonein compliance with SDAPCD and CARE standa& and requirements and dust conuol standads in Tii 24 of the Califomh Adndnbmcive Code. The City Engineering Dqutmat shall monitor for compliance during all grading operations of the Proi- - 10. A note shnll be placed on d grading plans spec@@ that watering of the graded site shall take place before and during grading,operations to mini&e dust generation. A water tnick/~ch Shall be required to be onsite at all times to the saMaction of the City Engineer. The City EngineeAng Deparanent shah monitor for compliance during all grading operations of the project. III. Hvdrolow II. 12. 13. 14. 1s. 16. 17. Gravel bags shall be pIaced in gutters and other locations during the period between October 1 to April 15 to the saMaction of the City Engineer. All graded pads not intended to be immediately built upon and cut/fiU slopes shall be hydroseeded, feed and hydromulched with a seed mix approved by the City Engineer immediately following their completion and not later than October 1 of each year. The applicant shall prepare and submit a detailed Habitat Enhancement Landscape and Irrigation Plan. This plan shall require the approval of the Planning Director and the Department of Fish and Game, prior to the issuance of a grading permit. The applicant shall maintain the plantings and erosion control devices on the site until relieved of the responsibility by the homeowners association or the City Engineer. prior to grading perniit issuance, the applicant shalJ submit for the review and approval by the City Engineer, a plan for emergency erosion control including provisions for equipment and workers to be available at all times during the rainy season (October 1 to April 1s). All necessaty emergency erosion control devices shall be stockpiled on the site at convenient locations to facilitate rapid construction of temporary devices when rain is imminent. All removable erosion control devices shall be in place at the end of each working day when the five day rain probability forecast exceeds 40 percent. The applicant shall install any erosion conuol measure, in addition to those identified on the approved grading plan, as required by the City Engineer due to incomplete gradjag operations or unforeseen circumstances which may arise. A ao# shall be placed on the grading plans indicating that at the conch&on of each ~o~Lllied areas around the project paimeter must drain away from Iv. Biolofv 18. Areas of biological sen&ivity, including lagoon wetlands, wetlands buffer, coastal ultmuzhurducrrofCouaiSIgcSanrbwhacdcvclapmmtirnottooccur according to the site pl4 shall be iden&ied and noted as being off-limits for construction actMy on the grading plans. These areas shall be staked and flagged in the field by a qualikd biologist acceptable to the Planning Director. The qua&d biologist shall cert@ through biweekly w&en reports, that the sensitive areas are not being disturbed. 2 . I 19. hbr to the issuance Of a ending permit, the applicant shall submit a detailed H&tat Enhancement Plan for review and approval by the Planning Director and the California Department of Fish and Game. Prior to the issuance of any Certificates of Occupancy, the developer, in consultation with a qualified biolo@st experienced in native plant restoration work, shall implement the Habitat Enhancement Plan as approved. k part of the Habitat Enhancement Plan, the wetland and wetland buffer area shall be enhanced and restored to its natural condition by revegetating tracks and other disturbances. Equipment to be used to complete such wetland and buffer enhartcemeru shall be specSed by the Deparunent of Fish and Game. 20. Prior to issuance of a grading pent& the applicanr shall submit for the review and approval of the Planning Director evidence confirming that a quahfied consulting biologist has been retained to supenAse and monitor bioiogical mitigation during C0nmucti0h 21. Prior to the issuance of any grading permit, the applicant shall provide evidence acceptable to the Planning Director that the consulting biologist has attended at least one meeting with the general consauction contractor to become acquainted with the construction schedule and to familkize the contractor with the required biological mitigation conditions. 22. During the grading and construction phase of the project, the consulting biologist shall monitor grading adjacent to native vegetation to be preserved or wheri any construction is under way in the designated wetland buffer. The biologist may temporarily Nt, diwrt, or redirect construction activity to insure that impacts to biological resources are minim&A TLe consulting biologist shall restrict access to sensitive areas, inform consauction workers about out-of-bounds areas, and monitor the work as it proceeds. 23. The consulting biologist shall supervise rwegetation of all native or enhanced habitat areas according to the specScations of the Habitat Enhancement Plan. Any biological resource areas inadvertently or accidentally disturbed shall be subject to restoration to the satisfaction of the Deparunent of Fish and Game and the Planning Director. 24. Prior to building per& issuance, a program which provides for the monitoring of the biolo@l resources and the Habitat ErhmmmK Plan for 8 period of five years 88dwhich~rhatrepombefilcdwiththeDcpuancnt of Fish a&Game and dY~of~onm~~buirshrllbcNbnritrcdformrimPndapprowl w dw Planning Director. Any corrective action requested in writing by the City m Dimtor or the Department of Fish and Game to achieve compliance with ~l#bofbw~~t~cmuuPknduringthirfivcycupuiodshPllbe illrpkmentedwithin 6odaysor8srpcdfitdbythecity. . 2s. PriortoiuurnctofaIgrdisrgpumit,thcrppliuntrhllrrcordadccdnrtricrion ovuthcurtirr100-footwcdudbuffu~~ucrtorcrairtthcpropcrtyforopcn space/wildlife uses only, except for the foUowingr a) public access provided by the ppil~IZd~10tUrhownonthcfkulmrp,urdb)a~m~nbosih Private intprovumaKs, such as storage buildings, poet, spas, etc., shall be speddly prohibited 3 26. prior to the issuance of UIY building permit, the appiicant shall submit evidence s&f&tory to the Planning Director that an offer of dedication of the wetland and w&and buffer has been made to the State Lands Commission. 27. Prior co the occupaucy of any of the dwelling units, the project applicant shall be required to construct a sound attenuation wall/berm ranging between 6 and 8 feet in height along the western and/or southern property hues of lots 41,42,43,44, 45, 46 and 48 consistent with du! recommendations of the Suppkmencal Noise Analysis for Broccato at Batiquitos Shorea, (Recou, 1990). 28. Prior to the occupancy of units on lots 40 - 48, mechanical ventilation shall be required to be incorporated into these smxtures consistcat with the recommendations of the Supplemental Noise Analysis for Broccato at Batiquitos Shore (Recon, 19901. 29. Prior to the occupancy of units on lots 44,4S, 46 and 48, fully enclosed 3/8 inch glass or plexiglass balcony bakers shall be required to be constructed on all second story unit balconies. 30. Prior to the recordation of the First final tract map or the issuance of residential building permits, whichever is first, the owner of record of the property within the boundaries of this tentative tract map shall prepare and record a notice that this property is subject to overflight, sight, and sound of aircraft operating from Palomar Airport in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall post aircraft noise notification signs in aIi sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director. 31. Prior to issuance of any Ceriificrte of Occupancy, all required noise mitigation as specified in the Supplemental Noise Analysis for Broccato at Batiquitos Shores (Recon, 1990). shall be complied with and consuucrion of the residences shah be in conformance with the approved plans to the satisfaction of a City Building Department Inspector. 32. A note shall be placed on all building plans spec@& the hours that construction . l . amvmes may occur. The City Building Inspector shail stop construcfion activities on tbrc site between the hours of sunset and 7 a.m. Monday through Friday and sumet through 8 a.n~ on Saturday. No consmction will be permitted on Sundays. 33. All com@don quipment, iixed or mobile, operated within 1,000 feet of an oc~~unitshrllkcquippcdwithprapcrfyopcntingmdrmincrined muffler exhaust systems. This provisions shall be monitored by the Ciity Building Depamnent inspector. 4 Prior to trurarc of any Cenificates of Occupancy, the applicant shall install a b& as idauified on the Final Tract Map, along the southern edge of the titiquitos Lagoon uail to provide a barrier to access. Interpretive signs, consistent with those along the Aviaa trail, shall be provided at the ail head and/or along the trail at kxatians subject to the review and approval of the Planning Director. 3s. The project shall implement water m measuru such as water-efficient plumbing fktures and water reclamation standards in conformance with Stare and Local Law and Policies. VIII. Cukural Resou 36. Prior to ksuance of any grading per&s, the location of SDi-600 shall be identified with stakes and flagged as off-limits to consuuction activity or grading associated with the project. The marking devices shall remain on the site at all times during project consauction. 37. SDi-600 shall be identied on the grading plans as off-limits to all consuuction activity. ‘S i S 1 . l 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 lUNNING COMMlSSION RESOLUTION NO. 3111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT!! OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN FOR 72 SINGLE FAMILY DWELLING UNITS ON PROPERTYGENERAUY LOCATED ALONG THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER HILLS DEVELOPMENT AND WEST OF THE AVIARA MASTER PLAN. CASE NAME: BROCCATO CASE NO: SDP 89-7 WHEREAS, a verified application has been filed with the City of Carl&ad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; a@ WHEREAS, pursuant to the provisions of the Municipal Code, the PIanning Commission did, on the 17th day of October, 1990, consider said request on property desaibed as: AU or portions of lots 1, 11 and 12 in Section 33, Township 12 south, Range 4 west, San Bernardino Meridian. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to SDP 89-7. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad & follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends AlVROVA& of SDP 89-7, based on the following findings and subject to the following conditions: Findinns: 1. Miimiinp ofm8!&19, Resolution No.3110,d EIR 89-1,Ih0hHi01~No. 3108,arc inco~haeiubyrcfaalce. - , . : 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 2. 3. 4. 5. 6. =tt.k=q=@duseispropcrtyr&tedtothcsite,sum~andenvir0nmental VaIi0Uselemcrrrrand0bjectivrJ0fthegenexalplaqwillnot ortousaspe&i&ypmnittedintheareainwhichthe proporeduseirtobefocated,andwinnMa~impacrthesitc,surroundingsor tlafficcircuiation. That~ofth~~walls,fences,~~andotherfeahlresnecessaryto adjustthequcsteduset0exist&orpamittedfutureusesiutheneighb0rhoodwillbe provedand l -‘d That~~~hsrbecndeJignedtorddress~environmentalconsideationsofits location within the Batiquitos lagoon Special Resource Area. Conditions: 1. All conditions of (IT 89-19, Resolution No. 3110, and EIR 89-1, Resolution No. 3108, are incoxpo~ted herein by l-ef-erenrc Refertothesedocumem for all conditions and mitigation- applicable to the dedqme~ of the Broccato project site. 2. zp f!d! 89-7 is granted subject to the approval of ZC 8%, CI’ 89-19, EIR 89-l . 3. Approval is granted for SDP 89-7, as shown on Exhibit(s) “A” - “I”, dated September 18, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. . . . . . . . . . . ..*.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC RESO NO. 3111 -2- I . i . ’ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 1 Commission of the City of Carlsbad, California, held on the 17th day of October, 1990, by tie 2 following vote, to wit: 3 AYES: 4 Chairperson Schramm, Commissioners: Schlehuber, McFadden, Erwin and Marcus. 5 NOES: None. 6 ABSENT: Commissioners Hall and Holmes. 7 ABSTAIN: None. 0 9 10 SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION 11 12 13 14 15' 16 17 -18 19 20 21 22 23 24 25 26 27 PC RESO NO. 3111 -3- 28 , . ’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 118 19 20 21 22 23 24 25 26 27 28 PLANNPJC coMMISSlON REWLUllON NO. 3112 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER HILLS DEVELOPMENT AND WEST OF THE AVIARA MASTER PLAN. CASE NAME: BROCCATO CASE NO.: HDP 89-37 WHEREAS, a verified application for certain property to wit: All or portions of lots 1, 11 and 12 in Section 33, Township 12 south, Range 4 west, San Bernardino Median, has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the PIanning Commission did on the 17th day of October, 1990, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of alI persons desiring to be heard, said Commission considered aII factors relating to the ~ Planning Commission Determination; and NOW, THEREFORE, BE lT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPRW& of HDP 89-37, based on the following findings and subject to the following conditions: Find&: 1. All &din@ of Cl’ 439-19, Resohhn No. 3110, and BIR 89-1, Resolution No. 3108, are ilWOlpatUlhrdnbyrcfercan. 2. 7ll!eprrjcet~widlanofthe dm&pmmtanddes@pmvisionsoftheHiUside 3. l%enetgradingamounls of7988cubicyardsperrcrrhIlswithintkacccptablerange requkdbythecity~~ordinann. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 . l7 18 19 20 21 22 23 24 25 26 27 20 4. Tbcprojectd#rnotmaoeehintomr~s(rutbpeurprorcrcatemanufaauredslopes gpaterdum3ofeetin~ 5. ‘I”acpllojcct(l)prrrcrvcrand~~mdondtcla~n~~,(2) pracreesarllsteephillsideJmdscnsitirccnvironmmcalnsoumsinopenspace,and(3) ilmrpomte5tancedpadsandcontolx~intoits&ign Conditions: 1. All an&ions of CT 89-19, Red&ion No. 3110, and EER 89-1, Resolution No. 3108, are incorporatedhercinbyref- Refatotlmedotmlem for all conditions and mmuresapplkabktotheBxcmtopro~ 2. Approval is granted for HDP 89-37, as shown on Exhibit(s) “C” - “F, dated September 18, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unkss otherwise noted in these conditions. Any pqxmedgradingand/ordcpcbpmmt~di&rentfromthisapprovalas de~bydaePlanningDircctor,sball~anamenbnmttothisHillside -- 3. Apprmrplof~~89-37~~~rubject~~rppravplof~~,~89-19,~~~89-7 andEIR89-1. PC RESO NO. 3112 -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2e PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of &&bad, California, held on the 17th day of October, 1990, by the following vote, to wit: AYES: Chairperson Schramq Commissioners: Schlehuber, McFadden, Erwin and MaXUS. NOES: None. ABSENT: Commissioners Hall and Holmes. ABSTAIN: None. SHARON SCHRAMM, Chairperson CXUBAD PLANNING COMMISSION “‘PLANNiNG DIRECTOR PC RESO NO. 3112 -3- , 1 2 3 4 5 6 7 8 9 10 11 12 2 g mum 32-r !$sSH 13 0) 888s 14 i5 ‘Z 3pg uou d 'eZi 15 $Fx tfd,- 16 ZOSS q81? >zq 17 6 0 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 89- 06, BROCCATO, FROM LC TO R-1-7500(Q) AND OS ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER HILLS DEVELOPMENT AND WEST OF THE AVIARA MASTER PLAN. APPLICANT: BROCCATO CASE NO.: ZC 89-06 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 21 of the Carlsbad Municipal Code is amended by the amendment of a zoning map as shown on the map marked "Exhibit Zll attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution 3109 constitutes the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 18th day of December , 1990, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 8th day of January , , l 1 2 3 4 5 6 i 1 1 1: 1: 11 l! l( 1; 1E 1s 2c 21 22 23 24 1991, by the following vote, to wit: AYES: Council Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT: None ABSTAIN: Council Member Kulchin APPROVED AS TO FORM AND LEGALITY ATTEST: ALETHA L. RAbTENKRANZ, City lerk : EXHIBIT ‘2’ LC to R-1-7500(Q) R-1-7500 Spinnrkar Hills Oovolopment PC Avlara D*volopment 100’ Wetland Buffer Boundar: Wetland LC Limited Control OS Open Space PC Planned Community BROCCATO zc 89-06 JANUARY 16, 1991 ODMARK & THELAN DAVIDSON COMPANY 3200 FOURTH AVENUE SUITE 101 SAN DIEGO, CA 92103 Enclosed for your records, please find a copy of the following ORDINANCE NS-136 AND RESOLUTION 91-5 , adopted by the Carlsbad City Council on JANUARY 8, 1991 . City Clerk LR:lw Enclosure (2) --- 1200 Carlsbad Village Drive - Carlsbad, California 92008 0 (619) 434-2608 JANUARY 16, 1991 HOFFMAN PLANNING ASSOC. 2836 FARADAY SUITE 120 CARLSBAD, CA 92008 Enclosed for your records, please find a copy of the following ORDINANCE NS-136 AND RESOLUTION 91-5 , adopted by the Carlsbad City Council on JANUARY 8, 1991 . &u~FT City Clerk LR:lw Enclosure (2) 1200 Carlsbad Village Drive l Carlsbad, California 92008 * (619) 434-2808