HomeMy WebLinkAboutCT 03-02; CARLSBAD RANCH PA5; CONDITIONS MONITORING PROGRAM; 2005-03-10cT 03-02-
CON"DITIONS MONITORING PROGRAM
CT 03-02
SDP 03-02
CDP 03-04
PUD 03-01
CUP 03-01
HDP 03-01
LCPA 90-08(D)
SP 207(E) "
(NEG DEC)
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, CITY OF CARLSBAD
CONDITIONS MONITORING PROGRAM
CONDITIONS FOR CT 02·28
CARLSBAD RANCH PLANNING AREA 5 -RESORT SITE
PLANNING COMMISSION RESOLUTION No. 5686
TISFIED PRIOR TO FINAL MAP.
WHEN APPLICABLE
CONDITION SUMMARY , pccUP
If any conditions fail to occur, or are not
implemented & maintained over time, the City
has the right to revoke or modify all approvals.
Any proposed development different from this
approval, shall require and amendment to this
approval.
Compliance with Federal, State, and Local
ordinances shall be met at issuance of building
permits.
conditions for construction of any public
improvements associated with this project, or
the payment of any in-lieu fees are challenged,
the approval shall be suspended .
Developer agrees to hold harmless the City
of Carlsbad from and against all losses as a
result of this approval.
The Developer shall submit to the Planning
Department a reproducible 24" X 36' mylar copy X
of the Tentative Tract Map.
The project must comply with all regulations set
forth in the Zone 13 LFMP, as well as any
amendments to that plan.
Prior to the issuance of building permits, local
agencies must provide a letter stating there will
be adequate water and sewer facilities to X X
support this project. A note to this effect must
be placed on the Final Map.
Developer shall implement, or cause the
implementation of the Project Mitigation
Monitoring and Reporting Program.
COMPLIANCE
DATE
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COND# CQNqrr'IRN'~Y.MMARY
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This approval is granted subject to the approval
of the Mitigated Negative Declaration and
Addendum and Mitigation Monitoring and
Reporting Program and SP 207(e), LCPA 90-08,
10 SDP 03-02,CDP 03-04,PUD 03-01, CUP 03-01
and HDP 03-01 and is subject to all conditions
contained in PC Resolutions 5685,5693,5692,
5687,5688,5689, 5690 and 5691 for those
other approvals incorporated herein by
reference.
The Developer shall pay the Habitat
Management Plan in-lieu Mitigation
11 Fee prior to recordation of a Final Map, or
issuance of a grading permit or building permit,
whichever occurs first.
The City is preparing a non-residential housing
impact fee (linkage fee) consistent with Program
4.1 of the Housing Element. If this project
becomes subject to a linkage fee, the Developer
shall pay the fee at the time of issuance of
12 building permits, except for projects involving a
request for a non-residential planned
development for an existing development, in .
which case, the fee shall be paid on approval of
. the final map. If linkage fees are required for
this project, and are not paid, approval for this
project will become null and void.
Developer shall submit and obtain Planning
Director approval of a Final Landscape and
Irrigation Plan showing conformance with
13 approved Preliminary Plan and the City's
Landscape Manual. Developer shall install all
landscaping as shown on the approved Final
Plans and is responsible for maintenance of the
landscaping.
The first submittal of Final Landscape and
Irrigation Plans shall be pursuant to the
14 landscape plan check process on file in the
Planning Department and accompanied by the
project's building, improvement, and grading
plans.
Developer shall provide bus stops to service this
. development at locations and with reasonable
facilities to the satisfaction of NCTD and the 15 Planning Director and the design of the bus stop
must be approved prior to the issuance of a
building permit.
Developer shall construct trash receptacle and
16 recycling areas enclosed by a six-foot hi~h
masonry wall with gates pursuant to City
Engineering Standards.
I WHEN APPLICABLE t COMPCiANCE I -.,' --' " . " -.-',' ... ... .. " .. ,-, GAADj~G FINAL BUILDING OCC!J,R AbViih; DATE, INITIAL -~'~p.', ii'eMMa' ,PE~M!t, : A9.~p~,
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CONOiTI9N SlJM~.~RY::' ' . '
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No outdoor storage of materials shall occur
unless required by the Fire Chief and-Planning
Director.
Developer shall submit and obtain Planning
Director approval of an exterior lighting plan
including parking areas.
The project is approved to be constructed in a
ma;.<imum of ten (10) phases, as shown on
exhibit "A-44'. Each phasing plan shall be
submitted to the Planning Director, City
Engineer, Fire Marshall and Principal Building
Inspector for review and approval prior to the
issuance of a grading or building permit.
The number of building permits issued for
timeshare units shall never exceed the number
of building permits issued for hotel rooms unless
approved by the Planning Director.
Occupancy permit for timeshares proposed in
Phase 1 will not be issued until such time that
Hotel 1 is fully operational
The maximum time increment for recurrent
exclusive use of occupancy of a timeshare unit
shall be four months. A note indicating this
requirement shall be placed on the final map for
the project.
Pursuant to Section 21.42.010(10)(iii) of the
CMC, timeshare units in this project shall be
converted to a hotel use if it cannot be
successfully marketed as a timeshare project.
The "Management And Maintenance Plan-
Planning Area 5 Resort Site' attached to this
resolution is approved and made a part of the
permit for the project.
Landscape plans prepared for this project shall
show landscaping as required by Section E.3-
1.2-2 of the Landscape Manual.
The Developer shall submit a solid waste
management plan for review and approval by
the City of Carlsbad. This plan shall provide the
following:
The approximate location, type and number of
containers to be used to collect refuse and
recyclables.
Refuse and recyclable collection methods to be
used.
I WHEN APPLICABLE I COMPLIANCE I ' -
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GRADiNG " ;"'''~ . pcgO,P' ADViSlY ,D~tE F[M~ BUJ~q!N,G ' INITIAL
MAP', PER~'-f. PE~I4!T :' ,.co'~p'; , , .... .(
.-" .'.-" .. ,. ,~'!.' .-' '.' H."~' ,,', .""'. "..... .'" _,-i "~" -'~".',' -". " " . ...... ., .. -. .-
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A description and site plan for any planed on-
site processing facilities or equipment (balers,
compactors),
A description of the types of recycling services
to be provided and contractual relationships with
vendors to provide these services,
The estimated quantity of waste generated and
estimated quantities of recyclable materials,
This plan shall also evaluate the feasibility of the
following diversion programs/measures:
Source separated green waste collection,
Cardboard recycling,
Programs which provide for the separation of
wet (disposable) and dry (recoverable)
materials,
Where feasible, providing compactors for non-.
recyclables to reduce the number of trips to
disposal facilities,
Glass recycling in restaurants.
The applicant shall retain a qualified hazardous
materials specialist on-site during grading
operations to observe any possible
contamination, Should materials be
encountered, soil remediation measures shall be
implemented based on specialist
recommendations.
Randomly selected surface samples shall be
collected and tested after each phase of grading
to verify that toxaphene and DDT plus its
derivatives are below the established TTLC and
STLC action levels,
During site development, souls contaminated
27b with petroleum hydrocarbons shall be mitigated.
Mitigation techniques shall include:
• Place the affected soil beneath a
proposed road/parking area as a
base material;
27b • Recycle the affected soil; or
• Bio remediate the affected soil on
site,
WHEN APPLICABLE " "COMPLIANCE
....... '".-,1', •
. , FINM: MAP: ADVIS'Y '. . R.I.\T~ INltl~L C9~9., .... : ..... -., ." ... ',
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WHEN APPLICABLE I COMPLIANCE I ~~ .'~~
'\ COND # CONP.!TION~U.M~AR.Y FINAl. Gp~E-~R.~iNIT'~:' ." Bp,VJLR, DM]~'-T:~ .:. 6ccUp ADVIS'Y... P~Tf U ~:Af>,. ..M" crow cbijQi -:':' ;-:. / )~====~============"====~"'="~='=';:_='~:~==.~=;·.1= .. ~==~==.=_;~~="="'="~' = __ =_.=.~
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The applicant shall prepare a report
documenting results of any future testing and \
submit the report to the City of Carlsbad
Engineering Department. Applicant shall comply
with all City recommendations.
Developer shall dedicate on the final map, an
open ·space easement on any portion of the lot
that is identified on the project plans as culturally
significant to prohibit any encroachment or
development.
Developer shall enter into an agreement with the
City of Carlsbad that if in the future a
comprehensive open space management
program is set up, developer shall pay a fair
share for the management of PA 9 of the
Carlsbad Ranch Specific Plan.
All construction activities shall be planned so
that grading will occur in units that can be easily
completed within the summer construction
season. Grading shall be limited to April 1 to
Ociober 1 each year. October deadline may be
extended with the approval of the City Engineer.
Developer shall pay the citywide Public Facilities
Fee,license Tax, CFD #1 special tax (if
applicable) and LFMP fee for Zone 13. All
taxes/fees shall be paid at issuance of building
permit.
Prior to final map approval, Developer shall
submit to the City a Notice of Restriction to be
filed in the office of the County Recorder.
Prior to the issuance of building permits, the
Developer shall submit to the Planning Director
a recorded copy of the
Timeshares/Condominium Plan filed with the
ORE which is in conformance with the City
approved documents and exhibits,
. Developer shall display a current Zoning and
Land Use Map in the sales office at all times.
Prior to recordation of the first final tract map Of
the issuance of building permits, whichever
occurs first, the Developer shall prepared and
record a Notice that this property is subject to
overflight, sight and sound of aircraft operating
from McClellan-Palomar Airport, in a form
meeting the approval of the Planning Director
and the City Attorney.
Developer shall post aircraft noise notification
signs in all sales and/or rental offices associated
with the new development. Signs shall be
approved by the Planning Director.
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WHEN APPLICABLE COMPLIANCE
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DA'r~ INrtIAL. -) . COND #. (:O._~PIT!PN sU.r.I.M ... ARY :' .. -BUILDI/·iG , . .;. peRMiT; )I~====~==============~==*===~====*===~==~==~==~ Prior to issuance of building permits, the
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Developer shall record an Avigation Easement
37 for the property to the County of San Diego and
file a copy of the recorded document with the
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Planning Director.
Signs for this development shall conform with
the Carlsbad Ranch Specific Plan and require
review and approval of the Planning Director
prior to installation.
Any damage to existing public trails located on-
site shall be repaired to previous pre-
construction condition. Applicant shall be
responsible for the maintenance of the existing
trail along the southern property line.
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Developer must obtain approval from City
Engineer for proposed dirt haul route.
Prior to issuance of any building permit,
Developer shall comply with the City's anti-
graffiti Program for wall treatments.
Provide acceptable means (CC&Rs orland other
recorded document) for maintaining private
easements, streets, sidewalks, streeilights,
parkways and street trees, storm drain and
water quality facilities.
There shall be one Final Map recorded for this
project.
Developer shall install sight distance corridors
at all street intersections in accordance with
Engineering Standards and shall record the
statements written in this condition on the Final
Map (and in the CC&Rs).
Developer shall cause property owner to apply
for and obtain reapportionment of the
assessments imposed on the subject project or
the assessments must be paid in full.
Developer shall pay all associated costs of said
reapportionment. The application shall be
submitted with the application for the final map.
Prior to approval of any grading or building
permits, Developer shall cause Owner to give
written consent to the City Engineer to the
annexation of the area shown within the
boundaries of the subdivision into the existing
City of Carlsbad Street Lighting and
Landscaping District No: 1.
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CONDITION suii~A~Y
Developer shall execute and record a City
standard Basin Maintenance Agreement prior to
the approval of grading, building permit or final
map, whichever occurs first.
Developer shall cause property owner to
execute and submit to the City Engineer for
recordation, the City's standard form Geologic
Failure Hold Harmless Agreement.
Developer shall cause property owner to
-execute and submit to the City Engineer for
recordation, the City's standard form Drainage
Hold Harmless Agreement regarding drainage
across the adjacent property.
Developer shall cause property owner to
execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the
property which relates to the proposed cross lot
drainage as shown on the Tentative Map. The
deed restriction document shall be in a form
acceptable to the City Engineer and shall:
Clearly delineate the limits of the drainage
course;
State that the drainage course is to be
maintained in perpetuity by the underlying
property owner; and
State that all future use of the property along the
drainage course will not restrict, impede, divert,
or otherwise alter drainage flows in a manner
that will result in damage to the underlying and
adjacent properties or the creation of a public
nuisance.
Prior to the issuance of a grading permit or
building permit, whichever occurs first,
Developer shall submit to the City Engineer
proof that a Notice of Intention has been
submitted to the State Water Resources
Control Board.
Developer shall apply for and obtain a grading
permit from the City Engineer.
Developer shall cause Owner to make an
irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets
and other easements shown on the Tentative
Map. The offer shall be made by a certificate on
the final and/or document. All
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FINAC' . .~A~··
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GRADiNG PERMIT .. , .... :. ...
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WHEN APPLICABLE.
BuiLDIN'G PE~M(t
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COMPLIANCE
INIJiAl
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I ') COND# COND\T!9.N .~OMM.~RY FIN~L Gp~~~ BUILDiNG OCCUp A~~J~-r . DATt: INITIAL MAP PER~J~: :
'. , '0-" . "'---':';,' ) . . , . . " ~ " ,-' '.' -,. -~ .. " -.,.J, .. .. ' ,--:. '" ..... ',-. . ,
land so offered shall be offered free and clear of
all liens and encumbrances and without cost
I , Streets that already public are not required to be
rededicated,
Developer shall dedicate and provide or install
I 54 drainage structures, as may be required by the X X City Engineer, prior to or concurrent with any
grading or building permit
Developer shall execute and record a City
I standard Subdivision Improvement Agreement
to install and secure with appropriate security as
provided by law, public improvements shown on
the Tentative Map and the following
I . improvements including, but not limited to
55 paving, base, signing & striping, sidewalks, X
curbs and gutters! medians, grading, clearing ,
I and grubbing, undergrounding or relocation of
facilities, sewer, water, fire hydrants, street
lights, water quality treatment and reclaimed
water, to City Standards to the satisfaction of
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the City Engineer, The improvements are:
Onsite improvements including but not limited to
55a sewer, water, recycled water, storm drain, water X quality treatment facilities, and streets and as
shown on the Tentative Map,
} Developer shall design and install a full-
actuated traffic signal, including all
I appurtenances, interconnects -and Video
Detection at the intersection of Cannon Road
55b and the entrance to this project to the X
satisfaction of the City Engineer. The traffic
I signal shall not be installed until such time that
written approval is received from the City
Engineer.
I Prior to the issuance of grading permit or
building permit, whichever occurs first,
56 Developer shall submit for City approval a X X
'Storm Water Pollution Prevention Plan
I (SWPPP)", At a minimum, the SWPPP shall:
Include all content as established by the
56a Califomia Regional Water Quality Control Board X X
I requirements;
Include the receipt of "Notice of Intent" Issued by .
56b the California Regional Water Quality Control X X
Board;
I Recommend source control and treatment
56c control Best Management Practices (BMPs) that X X
will be implemented with this project; and
I 56d Establish specific procedures for handling spills X X and routine clean up.
I ) Prior to the issuance of grading permit or
j building permit, whichever occurs first,
57 Developer shall submit for City approval a X X
'Storm Water Management Plan (SWMP).' At a
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minimum, the SWMP shall:
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Identify existing and post-development on-site
pollutants-of-concern;
Identify the hydrologic unit this project
contributes to and impaired water bodies that
could be impacted by this project;
Recommend source controls and treatment
controls that will be implemented with this
project;
Establish specific procedures for handling spills
and routine clean up;
-Ensure long-term maintenance of all post
construct BMPs in perpetuity; and
Identify how post-development runoff rates and
velocities from the site will not exceed the pre-
development runoff rates and velocities to the
maximum extent practicable.
Developer shall incorporate into the
grading/improvement plans the design for the
project drainage outfall end treatments for any
drainage outlets where a direct access road for
maintenance practices is not practical.
Notes to the following effect(s) shall be placed
on the map as non-mapping data
Building permits will not be issued for
development of the subject property unless the
appropriate agency determines that sewer and
water facilities are available.
The owner of the property has ~greed to hold
harmless and indemnify the City of Carlsbad
from any action that may arise through any
geological failure, ground water seepage or land
subsidence and subsequent damage that may
occur on, or adjacent to, this subdivision due to
its construction, operation or maintenance.
No structure, fence, wall, tree, shrub, sign or
other object over 30 inches above the street
level may be placed or permitted to encroach
within the sight distance corridors,
Developer shall meet with the Fire Marshall to
determine if fire protection measures are
required for the project.
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WHEN APPLICABLE COMPLIANCE
.. ·i ",.'
'GRADING ' ".' "BUILDING, :',' OCCUP PERM!r, ,PERMIT" ,', '
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The Developer shall design and construct public
facilities within public right-of-way or within a
minimum 20-feet wide easements granted to the
District or the City of Carlsbad.
Developer shall pay all fees, deposits, and
charges for connection to public facilities.
The Developer shall prepare a colored recycled
water use map and submit this map for
processing and approval by the District
Engineer.
The Developer shall design landscape and
irrigation plans utilizing recycled water as a
source.
The Developer shall install potable water and
recycled water services and meters at a location
approved by the District Engineer.
The Developer shall install sewer laterals and
clean-outs at a location approved by the District
Engineer.
The Developer shall design and construct public
water, sewer, and recycled water facilities
substantially as shown on the Tentative Map to
WHEN APPLICABLE COMPLlAN¢E
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" the satisfaction of the "District Eng"ineer.
}I~~------+-T-he--en~ti-re-p-o-ta-bl-e-w-at-e-r,-re-cy-c-Ie-d-w-a-te-r,-a-nd--~----~~----~--------~------+-----~------+-----~
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sewer system shall be evaluated in detail to
ensure that adequate capacity pressure, and
flow demands can be met to the satisfaction of
the District Engineer.
The Developer shall coordinate with the District
Engineer regarding the looped system and
easements.
The Developer shall submit a detailed potable
water study, prepared by a Registered Engineer
that identifies the peak demands of the project
(including fire flow demands).
The tentative map expires 24 months after the
date of approval.
Developer shall exercise special care during the
construction phase of this project to prevent
oftsite siltation.
Developer shall pay park in-lieu fees to the City.
Developer shall pay a landscape plan check
and inspection fee.
Approval of this request shall not excuse
compliance with all applicable sections of the
Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit
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~========r=======~='~"'=;~=='~"====~"===-~'r~'*==;~~==~;=~========~;=~~~=="~fi~*"~'-~':~~'~'~~'"~"~"~"~":;' ",,! " ':' ....... \; "' .. ..... " :
CONO'#
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CONDiTioN SUMMARY
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Project shall comply with the latest non-
residential disabled access requirements.
Premise identification (addresses) shall be
provided consistent with Carlsbad Municipal
Code Section 18.04.320.
F!~~~ MAP, ~"::11
GRADiNG BUILDING 09C4P R~~~~ p.~~~~rr: A.Ry.i~;Y
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COND#
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CITY OF CARLSBAD
CONDITIONS MONITORING PROGRAM
CONDITIONS FOR SOP 03·02
CARLSBAD RANCH PLANNING AREA 5 -RESORT SITE
PLANNING COMMISSION RESOLUTION No. 5687
CON,DITION SUMMARY
If any of the following conditions fail to occur or
if any of such conditions fail to be so
implemented and maintained according to their
terms, the City shall have the right to revoke or
modify all approvals herein granted. No vested
rights are gained by Developer or a successor
in interest by the City's approval of this Site
Development Plan.
Staff is to make, or require the
Developer to make, all corrections and
modifications to the Site Development Plan
, documents. Development shall occur
substantially as shown on the approved
exhibits. Any proposed development different
from this approvai shall require an amendment
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INiJlAl
) '" ~ ______ ~~ro~t~hi_s_ap_p_ro~va71_. --~~~~~----~------+------r--------;-------r-----~-----+------~I
This approval is granted subject to the approval
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of the Mitigated Negative Declaration and
Addendum and Mitigation Monitoring and
Reporting Program and SP 207(E), LCPA 90-
08(0), CT 03-02, COP 03-04, PUD 03-01, CUP
03,-01, and HDP 03-01 and is subject to all
conditions contained in Planning Commission
Resolutions No. 5685, 5693, 5692, 5686, 5688,
5689, 5690, 5691 for those other approvals
incorporated by reference herein.
Developer/Operator shall and does hereby
agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council
members, officers, employees, agents, and
representatives, from and against any and all
liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's
fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance
of this Site Development Plan, (b) City's
approval or issuance of any permit or action,
whether discretionary or non-discretionary, in
connection with the use contemplated herein.
A parking study is required within one year of
the completion of each phase of the project to
determine if there is a shortage of parking
spaces on sire to accommodate parking
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) demand generated by the project.
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CITY OF CARLSBAD
CONDITIONS MONITORING PROGRAM
CONDITIONS FOR COP 03·04
CARLSBAD RANCH PLANNING AREA 5 -RESORT SITE
PLANNING COMMISSION RESOLUTION No. 5688
CONDITION SUMMARY
If any of the following conditions fail to occur or
if any of such conditions fail to be so
implemented and maintained according to their
terms, the City shall have the right to revoke or
modify all approvals herein granted. No vested
rights are gained by Developer or a successor
in interest by the City's approval of this Coastal
Development Permit.
Staff is authorized to make, or require
Developer to make, all corrections and
modifications to the Coastal Development
Permit documents. Development shall occur
substantially as shown on the approved
exhibits. Any proposed development different
from this approval shall require an amendment
to this approval.
This approval is granted subject to the approval
of the Mitigated Negative Declaration and
Addendum and Mitigation Monitoring and
Reporting Program and SP 207 (E), LCPA 90-
08(0), CT 03-02, SOP 03-02, PUD 03-01, CUP
03-01 and HOP 03-01 and is subject to all
conditions contained in Planning Commission
Resolutions No. 5685, 5693, 5692, 5686, 5687,
5689, 5690 and 5691 for those other approvals
incorporated by reference herein.
Developer/Operator shall and does hereby
agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council
members, officers, employees, agents, and
representatives, from and against any and all
liabilities, losses, damages, demands, claims
and costs, including court costs and attomey's
fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance
of this Coastal Development Permit, (b) City's
approval or issuance of any permit or action,
whether discretionary or non-discretionary, in
connection with the use contemplated herein.
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INITIAL
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I CITY OF CARLSBAD
CONDITIONS MONITORING PROGRAM
)
I CONDITIONS FOR PUD 03·01
CARLSBAD RANCH PLANNING AREA 5 -RESORT SITE
I PLANNING COMMISSION RESOLUTION No. 5689
<.--I CONO# CqNOITION SUMMARY occup DA:rE 1~1T1ft4..
I If any of the following conditions fail to occur or
if any of such conditions fail to be so
I implemented and maintained according to their
terms, the City shall have the right to revoke or X X modify all approvals herein granted. No vested
rights are gained by Developer or a successor
I in interest by the City's approval of this Non-
Residential Planned Development Permit.
Staff is authorized to make, or require the
I Developer to make, all corrections and
modifications to the Non-Residential Planned
2 Development Permit documents .. Development X X shall occur substantially as shown on the
I ) approved exhibits. Any proposed development
different from this approval shall require an
amendment to this approval.
I This approval is granted subject to the approval
of the Mitigated Negative Declaration and
Addendum and Mitigation Monitoring and
Reporting Program and SP 207(E), LCPA 90-
I 3 08(D), CT 03-02, SDP 03-02, CDP 03-04, CUP X X 03-01 and HDP 03-01 and is subject to all
conditions contained in Planning Commi$sion
Resolutions No. 5685, 5693, 5692, 5686, 5687,
I 5688, 5690 and 5691 for those other approvals
incorporated by reference herein.
Developer/Operator shall and does hereby
I agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council
members, officers, employees, agents, and
representatives, from and against any and all
I liabilities, losses, damages, demands, claims
4 and costs, including court costs and attorney's X fees incurred by the City arising, directly or
indirectly, from (a) City's approval. and issuance
I of this Non-Residential Planned Development
Permit, (b) City's approval or issuance of any
permit or action, whether discretionary or non-
discretionary, in connection with the use
I contemplated herein.
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CITY OF CARLSBAD
CONDITIONS MONITORING PROGRAM
CONDITIONS FOR CUP 03-01
CARLSBAD RANCH PLANNING AREA 5 -RESORT SITE
PLANNING COMMISSION RESOLUTION No. 5690
CONDITION ~UM~ARY
If any of the following conditions fail to occur or
if any of such conditions fail to be so
implemented and maintained according to their
terms, the City shall have the right to revoke or X X modify all approvals herein granted, No vested
rights are gained by Developer or a successor
in interest by the City's approv,al of this
Conditional Use Permit.
Staff is authorized to make, or require the
Developer to make, all corrections and
modifications to the Conditional Use Permit
documents. Development shall occur X X substantially as shown on the approved
exhibits. Any proposed development different
from-this approval shall require an amendment
to this approval.
This approval is granted subject to the approval
of the Mitigated Negative Declaration and
Addendum and Mitigation Monitoring and
Reporting Program and SP 207(E), LCPA 90-
08(0), CT 03-02, SOP 03-02, COP 03-04, PUP X X 03-01 and HOP 03-01 and is subject to all
conditions contained in Planning Commission
Resolutions No. 5685, 5693, 5692, 5686, 5687,
5688, 5689 and 5691 for those other approvals
incorporated by reference herein.
shall and does hereby
agree to indemnify, protect, defend an9 hold
harmless the City of Carlsbad, its Council
membersj officers, employees, agents, and
representatives, from and against any and all
liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's
fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance
of this Conditional Use Permit, (b) City's
approval or issuance of any permit or action,
whether discretionary or non-discretionary, in
connection with the use contemplated herein.
INITIAL
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CITY OF CARLSBAD
CONDITIONS MONITORING PROGRAM
CONDITIONS FOR HDP 03·01
CARLSBAD RANCH PLANNING AREA 5 -RESORT SITE
PLANNING COMMISSION RESOLUTION No. 5691
CONDlTI.9!'l SUMMARY,'
If any of the following conditions fail to occur or
if any of such conditions fail to be so
implemented and maintained according to their
terms, the City shall have the right to revoke or
modify aI/ approvals herein granted. No vested
rights are gained by Developer or a successor
in interest by the City's approval of this Hillside
Development Permit.
Staff is authorized to make, or require the
Developer to make, all corrections and
modifications to the Hillside Development
documents. Development shall occur
substantially as shown on the approved
exhibits. Any proposed development different
from this approval shall require an amendment
to this approval.
This approval is granted subject to the approval
of the Mitigated Negative Declaration and
Addendum and Mitigation Monitoring and
Reporting Program and CT 02-28, SOP 03-18,
and CP 02-13 and is subject to all conditions
contained in Planning Commission Resolutions
No. 5554, 5555, 5556, and 5557 for those other
approvals incorporated by reference herein. .
Developer/Operator shall and does hereby
agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council
members, officers, employees, agents, and
representatives, from and against any and all
liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's
fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance
of this Hillside Development Permit, (b) City's
approval or issuance of any permit or action,
whether discretionary or non-discretionary, in
connection with the use contemplated herein,
FMJ~APAb.: . G.~RIN~'" . ~!llLpJNG oqcuP , PERMIT. PERMIT " '" ..
x x
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x x
ADVIS'Y 'coilD. DATe
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CITY OF CARLSBAD
CONDITIONS MONITORING PROGRAM
CONDITIONS FOR LCPA 90-08(0)
CARLSBAD RANCH PLANNING AREA 5 -RESORT SITE
PLANNING COMMISSION RESOLUTION No. 5692
CONDIJIO.N SUMMARY
If any of the following conditions fail to occur or
if any of such condilions fail to be so
implemented and maintained according to their
terms, the City shall have the right to revoke or
modify all approvals herein granted. No vested
rights are gained by Developer or a successor
in interest by the City's approval of this Local
Coastal Program Amendment.
Staff is authorized to make, or require the
Developer to make, all corrections and
modifications to the Local Coastal Program
Amendment documents. Development shall
occur substantially as shown on the approved
exhibits. Any proposed development different
from this approval shall require an amendment
to this approval.
This approval is granted subject to the approval
of the Mitigated Negative Declaration and
Addendum and Mitigation Monitoring and
Reporting Program and SP 207(E) and CT 03-
02 and is subject to all conditions contained in
Planning Commission Resolutions No. 5685,
5693, 5686 for those other approvals
incorporated by reference herein.
Developer/Operator shall and does hereby
agree to indemnify, protect, defend and hold
'harmless the City of Carlsbad, its Council
'members, officers, employees, agents, and
representatives, from and against any and all
liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's
fees incurred by the City arising, direclly or
indireclly, from (a) City's approval and issuance
of this Local Coastal Program Amendment, (b)
City's approval or issuance of any permit or
action, whether discretionary or non-
, discretionary, in connection with the use
contemplated herein.
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CITY OF CARLSBAD
CONDITIONS MONITORING PROGRAM
CONDITIONS FOR SP· 207(E)
CARLSBAD RANCH PLANNING AREA 5 -RESORT SITE
PLANNING COMMISSION RESOLUTION No. 5693
FINAL GJtt..qlN,.G MAP . PERMIT
occup· ADVIS'Y cONDo
If any of the following conditions fail to occur or
if any of such conditions fail to be so
implemented and maintained according to their
terms, the City shall have the right to revoke or X X modify all approvals herein granted. No vested
rights are gained by Developer or a successor
in interest by the City's approval of this Specific
Plan Amendment.
Staff is authorized to make, or require the
Developer to make, all corrections and
modifications to the Specific Plan Amendment
documents. Development shall occur X X substantially as shown on the approved
exhibits. Any proposed development different
from this approval shall require an amendment
to this approval.
Prior to the issuance of any permits for the
project, the applicant shall submit to the
Planning Director a digital copy and a camera-
ready master copy of the Carlsbad Ranch X X X
Planning Area 5 -Resort Site -SP 207(E), in
addition to the required number of bound
copies.
This approval is granted subject to the approval
of the Mitigated Negative Declaration and
Addendum and Mitigation Monitoring and
Reporting Program, LCPA 90-08(D) and CT 03-X X 02 and is subject to all conditions contained in
Planning Commission Resolutions No. 5685,
5692, 5686 for those other approvals
incorporated by reference herein.
Developer/Operator shall and does hereby
agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council
members, officers, employees, agents, and
representatives, from an~ against any and all
liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's X
fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance
of this Specific Plan Amendment, (b) City's
approval or issuance of any permit or action,
whether discretionary or non-discretionary, in
connection with the use contemplated herein.
bAT~· INITIAL
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CITY OF CARLSBAD
CONDITIONS MONITORING PROGRAM
I
CONDITIONS FOR MITIGATED NEGATIVE DECLARATION
CARLSBAD RANCH PLANNING AREA 5 -RESORT SITE
PLANNING COMMISSION RESOLUTION No. 5685
CONDITION SUMMA~Y
Developer shall implement or cause the
implementation of the Mitigation Monitoring and
Reporting Program.
This approval is granted subject to the approval
of SP 207(E)/LCPA 90-08(D)/CT 03-02, SDP
03-02, CDP 03-04, PUD 03-01, CUP 03-01 and
HDP 03-01 and is subject to all conditions
contained in Planning Commission Resolutions
No. 5693,5692, 5686,5687,5688,5689,5690,
5691 for those other approvals incorporated by
reference herein.
Developer/Operator shall and does hereby
agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council
members, officers, employees, agents, and
representatives, from and against any and a/l
liabilities, losses, damages, demands, claims
and costs, including court costs and attomey's
fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance
of this Specific Plan Amendment, (b) City's
approval or issuance of any permit or action,
whether discretionary or non-discretionary, in
connection with the use contemplated herein.
x x
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I ) CITY OF CARLSBAD
I CONDITIONS 'MONITORING PROGRAM
I CONDITIONS FOR MITIGATED NEGATIVE DECLARAJ"ION
SUPPLEMENT
CARLSBAD RANCH PLANNING AREA 5 -RESORT SITE
I MITIGATING MEASURES
MITIGATED NEGATIVE DECLARATION
1
I 2 Use of synchronization of traffic lights on streets
I 3 Scheduling of truck deliveries and pickups for off-peak.
hours.
4 Construction of bus turnouts, passenger benches or
1 shelters as deemed NCTD.
1 ) 5 Low pressure sodium lamps should be used in any
outdoor lighting fixtures adjacent to the preserve. These
lights should be directed away from the adjacent habitat
I and used in conjunction with cut-off shields (fully
shielded! full
6 The boundary of the site that abuts the' preserve area
I should be fenced to
7 Use of native plants where feasible for landscaping
especially along the eastern boundary to prevent
1 invasion of exotics into sensitive habitat: Avoid the use
of invasive landscaping plants including Pampas grass
and
I 8 Prior to issuance of a grading permit, the applicant shall
I provide written evidence that a certified archaeologist
has been retained, shall be present at the pre grading
conference, shall establish procedures for archaeological
I resource surveillance, and shall establish, in cooperation
with the project proponent, procedures for temporary
halting or redirecting work to permit the sampling,
I, identification, and evaluation of artifacts as appropriate.
If additional or unexpected archaeological features are
discovered, the archaeologist shall report such fmdings
) to the applicant and to the City. If the archaeological
I I resources are found to be the .
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observer shall detennine appropriate actions, in
cooperation with the applicant for explo:ration and/or
salvage. These actions, as well as final mitigation and
disposition of the resources, shall be subject to the
I review of the City.
9 The applicant shall place 5,000 square feet of site CA-
SDI-8797, as identified on project plans, in an open
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space easement and capped. This area as well as the
adjacent slope shall contain only native plants and shall
be posted with a plaque discussing Native American
history.
I 10 Prior to the issuance of the grading permit, a data
recovery program shall be completed for CA-SDI-8797.
The data recover program shall be completed in
I compliance with the City of Carlsbad "Cultural
Resources Guidelines" and with Data Recovery Plan
prepared by Gallegos & Associates, April, 2003.
I 11 Prior to the issuance of the grading permit, the developer
shall present a. letter to the City of Carlsbad indicating
that a qualified paleontologist has been retained to carry
I out an appropriate mitigation program.
lIa A qualified paleontologist shall be present at the pre-
construction meeting to consult with the grading and
excavation contractors.
I ) lIb A paleontological monitor shall be on-site at all times
during the original cutting of previously undistributed
sediments of the Santiago Fonnation to inspect cuts for
I contained fossils.
11c When fossils are discovered, the paleontologist (or
paleontological monitor) shall recover them.
I lld Fossil remains collected during the monitoring and
salvage portion of the mitigation program shall be '
cleaned, repaired, sorted, and cataloged.
I lIe Prepared fossils, along with copies of all pertinent field
notes, photos, and maps, shall be deposited (as a
donation) in a scientific institution with permanent
I paleontological collections such as the San Diego
Natural History Museum. Donations of the fossils shall
be accompanied by fmancial support for initial specimen
I storage.
11f A final summary report shall be completed that outlines
the results of the mitigation program. This report shalf
I
include discussions of the methods used, stratigraphic
section(s) exposed, fossils collected, and significance of
recovered fossils.
12 Prior to the issuance of building permits, the applicant
I shall provide an updated and detailed acoustical analysis
to show compliance with interior noise level of 45 dB
I ) CNEL.
I