HomeMy WebLinkAbout1991-01-08; City Council; 10971; Broccato. 1 CV- OF CARLSBAD - AGENC ^ BILL
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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
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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:
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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
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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
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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)
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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:
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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.
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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.
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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:
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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
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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,
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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
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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.
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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
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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-
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‘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
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B.
C.
D.
E.
unit 2
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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-
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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.
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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.
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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:
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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~
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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
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2.
3.
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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-
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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.
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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.
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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
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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.
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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.
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=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.
. . . . .
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PC RESO NO. 3111 -2-
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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
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10 SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION
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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.
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4. Tbcprojectd#rnotmaoeehintomr~s(rutbpeurprorcrcatemanufaauredslopes
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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
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3. Apprmrplof~~89-37~~~rubject~~rppravplof~~,~89-19,~~~89-7
andEIR89-1.
PC RESO NO. 3112 -2-
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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-
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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
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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)
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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