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HomeMy WebLinkAbout1984-05-15; City Council; Resolution 7603*. RESOLUTION NO. 7603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 12 LOT TENTATIVE TRACT MAP (CT 83-36) AND NONRESIDENTIAL CONDOMINIUM PERMIT (CP-273) ON A 99 ACRE PARCEL ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL SOUTH OF COLLEGE BOULEVARD. APPLICANT: DEL MAR FINANCIAL CASE NO: CT 83-36/CP-273. WHEREAS, on April 11, 1984, the Carlsbad Planning Commission adopted Resolution No. 2270 and Resolution No. 2271 recommending to the City Council that Tentative Tract Map (CT 83- 36) and Condominium Permit (CP-273) be approved; and WHEREAS, the City Council of the City of Carlsbad, on May 1, 1984, held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Tract Map (CT 83-36) and Condominium Permit (CP-273); and WHEREAS, an Environmental Impact Report (EIR 83-1) was prepared and certified on March 28, 1984 as complete in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 and the California Environmental Quality Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolutions No. 2270 and 2271 constitute the findings of the City Council in this matter. /// /// 1 2 3 4 5 6 7 8 9 10 11 12 0 19 2c 21 22 23 24 25 26 27 28 C. That said Tentative Tract Map, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Tract Map CT 83-36 and Condominium Permit CP-273 are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolutions No. 2270 and 2271, dated April 11, 1984 marked Exhibit A and B respectively, attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California on the 15th day of , 1984 by the following vote, to wit: AYES : Council W&ers Casler, Chick and Prescott NOES: Council Fer Lewis ABSENT: Council Memker Kulchin &! C2e-Q-w LER, Mayor ATTEST : (SEAL) 2. .. '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2270 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARESBAD, CALIFORNIA, APPROVING A 12 LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL SOUTH OF COLLEGE BOULEVARD. APPLICANT: DEL MAR FINANCIAL CASE NO: CT 83-36 WHEREAS, a verified application for certain property, to rit: Portions of Lots B and E of Rancho Agua Hedionda, in the City of Carlsbad, according to Map thereof No. 823 filed in the office of the County Recorder, May 1, 1915, in the County of San Diego, State of California, tas been filed with the City of Carlsbad, and referred to the jlanning Commission; and WHEREAS, said verified application constitutes a request is provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th day of [arch, 1984, and on the 11th day of April, 1984, hold a duly loticed public hearing as prescribed by law, to consider said :equest; and WHEREAS, at said public hearing, upon hearing and ronsidering all testimony and arguments, if any, of all persons lesiring to be heard, said Commissioh considered all factors -elating to the Tentative Tract Map; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission hereby APPROVES CT-83-36, based on the following findings and subject to the following conditions: Findings : i) The project is consistent with the City's general plan since the proposed subdivision meets the standards and the intent of the 0 (Professional and Related Commercial), and C (Community Commercial) categories of the General Plan. 1 2 3 4 5 6 7 8 9 10 11 1% 1: 14 15 16 17 1E 19 2c 21 22 23 24 25 26 27 28 The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate development as proposed, as discussed in the staff report. The project is consistent with all City public facility pol- icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added condition that a note shall be placed on the 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. a b) All necessary public improvements have been provided or will be required as conditions of approval, c) 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 surrounding future land uses since surrounding properties will be adequately buffered through provisions in the specific plan. An Environmental Impact Report was recommended for certification for this project by the Planning Commission OR March 28, 1984. The EIR identified impacts from the proposed project. These impacts can either be mitigated or overriding considerations exist as described below. A. Traffic - The traffic section of the EIR indicates that there will be a significant impact at the El Camino Real/College Boulevard and College Boulevard/A Street intersections if these roads are constructed to general plan standards. These impacts will be mitigated by the use of additional turn lanes on College Boulevard and El Camino Real, the construction of an additional signal at the A Street/College Boulevard intersection, and the use of two right-turn-only accesses connecting A Street and E: Camino Real south of College Boulevard. RES0 NO. 2270 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. C, D. E. F. GO H. Land Use - The potential for a significant impact on land use exists between the large commercial shopping area and future residential areas and between the proposed residential area at the east end of the project and the approved Carlsbad Ridge Project. Both of these areas are shown for future development, requiring amendments to the Specific Plan and allowing for future review and conditions, Provisions of the Specific Plan require heavy landscaping to buffer the proposed commercial/office center from adjoining land uses, The future residential development would be restricted to no more than 2 du's/ac. This lower density should ensure compatibility with neighboring residential uses. Topography and Visual Aesthetics - Future development as proposed would result in significant alterations to existing landforms. Most of the trees associated with the oak-woodland are being preserved as open space. The project has been altered to preserve most of the hillside area just southwest of the creek. landscaping and design measures have been incorporated into the specific plan to reduce visual impact. Additional grading Air Quality - Identified impacts on air quality would have to be conisdered significant based on the Regional Air Quality Strategies. nature and true mitigation must occur on a regional basis. employment opportunities and revenues would over-ride such cumulative aspects. These impacts are cumulative in The benefits of the proposed project in providing Archaeology - Five archaeological sites were found in the project area which could be significantly affected by development, by a qualified archaeologist as a condiition of the specific plan. These sites will be required to be mitigated Biology - The proposed project poses significant impacts on the biological resources of the site. The project has been altered through the specific plan so the sensitive riparian woodland area of the site will be fully preserved in natural open space. Hydrology and Water Quality - Development within the 100 year floodplain could cause siqnificant impacts. No development is currently proposed in the floodplain area. Any development occuring in this area would be required to process a special use permit subject to future environmental review. Geology/Soils/Paleontology - Future development of the property could be Significantly affected by soil instability and development could also significantly affect paleontological resources, A detailed geotechnical is being required prior to the issuance of building permits and a qualified paleontologist will be required to monitor grading, pursuant to the Specific Plan. PC RES0 NO. 2270 2JJ -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Zonditions Approval is granted for CT 83-36, as shown on Exhibits "A" and "B", dated March 28, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown, unless otherwise noted in these conditions. This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time 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 approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreements executed by the applicant for payment of said fee, a copy of those agreements, dated October 29, 1982, November 19, 1982, and February 25, 1983, are on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 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. Water shall be provided to this project pursuant to the Water Service Agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. Land Use Planning Conditions 7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 8) The applicant shall establish a tenant's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Land Use Planning Manager prior to final map approval. //I/ PC RES0 NO. 2270 -4 - 1 2 3 4 5 6 7 e 9 1c 11 1% 12 14 15 16 17 I€ 3s 2c 21 22 22 24 25 26 27 28 A 500' scale map of the subdivision shall be submitted to the Land Use Planning Manager prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The applicant shall submit a street name list consistent with the City's street name policy subject to the Land Use Planning Manager s approval prior to final map approval. The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Land Use Planning Manager and North County Transit District. The project shall attempt to develop a ride to work and home program for its employees with the North County Transit Dis- trict. Furthermore, the project shall attempt to limit the staggering of worker shifts so as to facilitate the success of said program. Approval of Tentative Tract No. CT 83-36 is granted subject to approval of Zone Changes 272 and 274 and Specific Plan 190. All conditionsof approval for CT 83-36 shall be incorporated into SP-190. Engineering Conditions 15) 16) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "controlled grad- ing" by Section 17.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 17) Upon completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. PC RES0 NO. 2270 -5- I, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I8 27) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. All slopes within this project shall be no steeper than 2:l. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer. The developer shall pay the current local drainage area fee prior to approval of the final map or shall construct drain- age systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engi-neer. 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 the final map for this project. serviced by an all weather access/maintenance road . The provisions of this agreement shall apply to any off-site borrow sites which may be utilized in the construction of this project as required by the City Engineer. Each desiltation basin shall be The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map. Land for all public streets and easements shown on the ten- tative map shall be dedicated on the final map and shall be granted to city free and clear of all liens and encum- brances. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The design of all private streets and drainage systems shal'l be approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map. All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. sibility shall be clearly stated in the CC&R's. This respon- PC RES0 NO. 2270 -6- *. 1. 1 2 3 4 5 6 7 e 9 1C 11 1% 12 14 15 16 17 le 19 20 21 22 23 24 25 26 27 28 All concrete terrace drains shall be maintained by the owner'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, This subdivision contains a remainder parcel. No building permit shall be issued for the remainder parcel until it is further subdivided pursuant to the provisions of Title 20 of the Carlsbad Municipal Code, This note shall be placed on the final map. Approval of this tentative tract map shall expire twenty-four 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 ex is t ing conditions. Direct access rights for all lots abutting El Camino Real and College Boulevard shall be waived on the final map. Prior to the approval of any final maps within this project the developer shall dedicate the required roadway rights-of- way as shown on the tentative map within the tract map boundary, obtain city approval of the design and enter into a secured agreement for the construction of the required public improvements. Prior to the issuance of any building permits within a particular phase of the project the developer shall dedicate or obtain the dedication of all onsite or offsite easements necessary to complete the improvement requirements stated within the text of the specific plan (Exhibit "A", dated March 28, 1984). In addition, the developer shall obtain city approval of the design and enter into a secured agreement for the construction of the required public improvements. Prior to the occupancy of any building within a particular phase of the project the developer shall complete construction of all onsite and offsite public improvements necessary to serve the building and as outlined in the text of the specific plan (Exhibit "A", dated March 28, 1984) to the satisfaction of the City Engineer. The sewer system as shown on the tentative map is specifically not approved, The complete system shall be designed in conformance with a master sewer basin concept to the satisfaction of the City Engineer. The developer shall obtain city approval of the design, enter into a secured agreement with the city for the construction and obtain any necessary offsite easements to complete the construction of the sewer improvements prior to the approval of any final map on the project. PC RES0 NO, 2270 -7- 1 2 3 4 5 6 7 a 9 LO 11 12 13 14 15 16 17 If? 1s 2c 21 22 22 24 25 2E 27 2E 0 "B" Street shall be dedicated on the final map as a general access and public utility easement. Area C-1 and D-1 shall not be developed without an amendment to Specific Plan 190. The dedication and improvement requirements for those areas including provisions for access to the property adjacent to Area C-1 designated "not a part., shall be determined at the time of the specific plan amendment." The developer shall design and construct the traffic signal at the intersection of El Camino Real and College Boulevard concurrent with the construction of the first phase improvements unless an alternate arrangement is approved by the City Engineer. Since this traffic signal is included within the City's Public Facilities Management plan the developer shall receive a credit from the City against the payment of the Public Facilities Fee in an amount equal to the cost of the signal design and installation. The City will reserve the right to review and approve the bid proposals for the design and the construction contracts for the signal. The developer shall design and enter into a secured agreement for the construction of the traffic signal at the intersection of College Boulevard and "A" Street. The construction of said signal shall be undertaken by the developer at the written request of the City Engineer when proper traffic warrants are met . Prior to approval of any final map within the project site the developer shall dedicate or secure the dedication of the full width College Boulevard and the half width of El Camino Real within and adjacent to the project, Such dedications will be made in accordance with the section requirements as shown on the tentative map. The phasing of the improvement of those streets shall be in accordance with the text of the specific plan (Exhibit "A", dated March 28, 1984) and these conditions. ?ire Conditions 41) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 42) Additional public and/or on site fire hydrants shall be re- 13) The applicant shall submit two (2) copies of a site plan quired if deemed necessary by the Fire Marshall. showing locations of existing and proposed fire hydrants and on site roads and drives subject to the approval of the Fire Marshall . PC RES0 NO, 2270 -8- "7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 2% 22 24 25 26 27 28 :7 :8 e An all weather access road shall be maintained throughout construction. All required fire hydrants water mains and appurtenances s h a 1 1 be ope r at ion a1 pr i or to comb us t i bl e bu i Id i ng mat e r i a 1 s being located on the project site. Proposed security gate systems shall be provided with "KnoxA key operated override switch, as specified by the Fire De- partment. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into lO,OOO sq.ft. (or less) areas. Landscaping plans shall conform to the Fire Protection Plan contained in the City of Carlsbad Landscape Guidelines Manual PASSED, APPROVED AND ADOPTED at a regular meeting of the :9) 'lanning Commission of the City of Carlsbad, California, held on .he 11th day of April, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus Lyttleton, Farrow and Smith. NOES : None . ABSENT: None . ABSTAIN: None. JERRY ROMBOTIS Chairman CARLSBAD PLANNING COMMI SSI ON ATTEST: LAND USE PLANNING MANAGER PC RES0 NO. 2270 -9- 1 2 3 4 5 6 7 8 9 10 11 12 12 14 15 I€ 17 1E 1s 2c 21 22 22 24 2: 24 2; 2E PLANNING COMMISSION RESOLUTION NO. 2271 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NON-RESIDENTIAL CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL, SOUTH OF COLLEGE BOULEVARD. APPLICANT: DEL MAR FINANCIAL CASE NO.: CP-273 WHEREAS, a verified application for certain property, to rit: Portions of Lots B and E of Rancho Agua Hedionda, in the City of Carlsbad, according to Map thereof No. 823 filed iI the office of the County Recorder, May 1, 1915, in the County of San Diego, State of California, )as been filed with the City of Carlsbad, and referred to the 'lanning Commission; and WHEREAS, said verified application constitutes a request a! xovided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th day of !arch, 1984, and on the 11th day of April, 1984, hold a duly notice( lublic hearing as prescribed by law, to consider said request; and WHEREAS, at said public hearing, upon hearing and :onsidering all testimony and arguments, if any, of all persons lesiring to be heard, said Commission considered all factors relating to the Condominium Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission as follows: [A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, thr Commission hereby APPROVES CP-273, based on the following findings and subject to the following conditions: Pind ing s : I) The project is consistent with the City's General Plan since the proposed commercial hotel use is consistent with the Community Commercial land use designation of the Combination District specified for the site by the General Plan. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The site is physically suitable for the type and density of th development since the site is adequate in size and shape to accommodate the proposed development, as discussed in the staf report. The project is consistent with all City public facility pol- icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the 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. b) All necessary public improvements have been provided or will be required as conditions of approval. c) 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 surrounding future land uses since surrounding properties are designated with compatible land uses or adequately buffered, as stated in the staff report. The granting of this permit will not adversely affect and will be consistent with the code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, as discussed in the staff report. The proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community, as discussed in the staff report. Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, as discussed in the staff report, RES0 NO. 2271 -2- ! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The proposed non-residential planned development meets all of minimum development standards of the underlying zone, except for lot area, as discussed in the staff report. An Environmental Impact Report was recommended for certification for this project by the Planning Commission on March 28, 1984. The EIR identified impacts from the proposed project. These impacts can either be mitigated or overriding considerations exist as described below. A. Bo C. D. ///I PC RES0 Traffic - The traffic section of the EIR indicates that there will be a significant impact at the El Camino Real/College Boulevard and College Boulevard/A Street intersections if these roads are constructed to general plan standards. These impacts will be mitigated by the use of additional turn lanes on College Boulevard and El Camino Real, the construction of an additional signal at the A Street/College Boulevard intersection, and the use of two right-turn-only accesses connecting A Street and E Camino Real south of College Boulevard. Land Use - The potential for a significant impact on land use exists between the large commercial shopping area and future residential areas and between the proposed residential area at the east end of the project and the approved Carlsbad Ridge Project. Both of these areas are shown for future development, requiring amendments to the Specific Plan and allowing for future review and conditions. Provisions of the Specific Plan require heavy landscaping to buffer the proposed commercial/of f ice cente from adjoining land uses. The future residential development would be restricted to no more than 2 du's/ac. This lower density should ensure compatibility with neighboring residential uses. Topography and Visual Aesthetics - Future development as proposed would result in signifccant alterations to existing landforms. Most of the trees associated with the oak-woodland are being preserved as open space. The project has been altered to preserve most of the hillside area just southwest of the creek. Additional grading landscaping and design measures have been incorporated into the specific plan to reduce visual impact. Air Quality - Identified impacts on air quality would have to be conisdered significant based on the Regional Air Quality Strategies. These impacts are cumulative in nature and true mitigation must occur on a regional basis. The benefits of the proposed project in providing employment opportunities and revenues would over-ride such cumulative aspects. NO. 227 -3- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. F. G. H. Archaeology - Five archaeological sites were found in the project area which could be significantly affected by development. These sites will be required to be mitigated by a qualified archaeologist as a condiition of the specific plan. Biology - The proposed project poses significant impacts o the biological resources of the site. The project has been altered through the specific plan so the sensitive riparian woodland area of the site will be fully preserved in natural open space. Hydrology and Water Quality - Development within the 100 year floodplain could cause significant impacts . No development is currently proposed in the floodplain area. Any development occuring in this area would be required to process a special use permit subject to future environmental review. Geology/Soils/Paleontology - Future development of the property could be significantly affected by soil instability and development could also significantly affect paleontological resources, A detailed geotechnical is being required prior to the issuance of building permits and a qualified paleontologist will be required to monitor grading, pursuant to the Specific Plan, Conditions: 1) Approval is granted for CP-273, as shown on Exhibits "A" and n B tt , dated March 28, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown, unless otherwise noted in these conditions. 2) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 3) 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. //// //// //// PC RES0 NO. 2271 -4- d 1 I 1 I r t : I( 1: 1; 12 14 1: 1E 17 1€ 19 2c 21 22 23 24 25 26 27 28 4) 5) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreements executed by the applicant for payment of said fee, a copy of those agreements, dated Octobei 29, 1982, November 19, 1982, and February 25, 1983, are on file with the City Clerk and incorporated herein by reference, If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable Citl ordinances in effect at time of building permit issuance. Land Use Planning Conditions The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits, The applicant shall establish a owner's association and corresponding covenants, conditions and restrictions. Said CCbR's shall be submitted to and approved by the Land Use Planning Manager prior to f inal map approval . A 500' scale map of the subdivision shall be submitted to the Land Use Planning Manager prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Land Use Planning Manager and North County Transit District. The project shall attempt to develop a ride to work and home program for its employees with the North County Transit Dis- trict. Furthermore, the project shall attempt to limit the staggering of worker shifts so as to facilitate the success of said program, Approval of Condominium Permit No. 273 is granted subject to approval of Zone Changes 272 and 274, Tentative Tract No. 83-3 and Specific Plan 190. All conditions of approval for CP-273 shall be incorporated into SP-190. 'C RES0 NO. 2271 -5- 3 i 7 % 4 E * € 7 E I; IC 13 12 E 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Prior to issuance of a building permit, the Building Director shall review the architectural plans to ensure compliance witk the State of California interior noise standard of 45 CNEL. At that time, any additional measures (thicker glazing, sound absorption material, or shielding of vents) to further attenuate the noise to acceptable level shall be required. Prior to issuance of a Building Permit, the developer shall enter into agreement for the operation of the hotel. Said agreement shall guarantee the operation of the project as a hotel use and payment of Transient Occupancy Tax. Engineering Conditions The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "controlled grad- ing" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. Upon completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contou map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. All slopes within this project shall be no steeper than 2:l. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer . The developer shall pay the current local drainage area fee prior to approval of the final map or shall construct drain- age systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. I/// ?C RES0 NO. 2271 -6- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 I I 24 i 26 27 28 I I 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 the final map 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 off-site borrow sites which may be utilized in the construction of this project as required by the City Engineer. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map. Land for all public streets and easements shown on the ten- tative map shall be dedicated on the final map and shall be granted to city free and clear of all liens and encum- brances. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map. All private streets and drainage systems shall be maintained b the owner's association in perpetuity. This responsibility shall be clearly stated in the CC&R's. All concrete terrace drains shall be maintained by the owner'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. Prior to the approval of a final map for this project the developer shall dedicate the required roadway rights-of-way as shown on the tentative map within the tract map boundary, obtain city approval of the design and enter into a secured agreement for the construction of the required public improvements. ?C RES0 NO. 2273 -7- 1 2 c b 4 F E r 1 I z 1c 13 12 1: 14 15 1E 17 I€ 19 20 21 22 23 24 25 26 27 28 Prior to the issuance of any building permits for the project the developer shall dedicate or obtain the dedication of all onsite or offsite easements necessary to complete the improvement requirements stated within the text of the specifi plan (Exhibit "A", dated March 28, 1984). In addition, the developer shall obtain city approval of the design and enter into a secured agreement for the construction of the required public improvements. Prior to the occupancy of any building the developer shall complete construction of all onsite and offsite public improvements necessary to serve the building and as outlined i the text of the specific plan (Exhibit "A", dated March 28, 1984) to the satisfaction of the City Engineer. The sewer system as shown on the tentative map is specifically not approved. The complete system shall be designed in conformance with a master sewer basin concept to the satisfaction of the City Engineer. The developer shall obtain city approval of the design, enter into a secured agreement with the city for the construction and obtain any necessary offsite easements to complete the construction of the sewer improvements prior to the approval of any final map on the project. Fire Conditions 33) 34) 35) 36) 37 1 38 1 39 1 Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on site roads and drives subject to the approval of the Fire Marshall. An all weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Any proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. ?C RES0 NO. 2271 -8- 36 I I i 1 1( 1: 1: 1: 11 l! It 1: 1I 15 2c 27 22 22 24 25 26 27 28 Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas. Landscaping plans shall conform to the Fire Protection Plan contained in the City of Carlsbad Landscape Guidelines Manual. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on .he 11th day of April, 1984, by the following vote, to wit: AYES: Chairman Rombotis, Commissioners Rawlins, NOES : None. ABSENT: None. ABSTAIN: None. Schlehuber, Marcus, Lyttleton, Farrow and Smith. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION TTEST : e AND USE PLANNING MANAGER 2 RES0 NO. 2271 -9-