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HomeMy WebLinkAbout1991-06-04; City Council; Resolution 91-162L 1 2 3 4 5 6 7 8 9 10 I' l2 m>Z 13 &Em 5ung Z>?Z nOaa l4 0+5a mGoe 15 LL ,ai +>mu wmo $21 :w% 0;$2 Err6 16 ZOS$ '585 c25 l7 Go l8 19 2o 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 91-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION, HILLSIDE DEVELOPMENT PERMIT, AND TENTATIVE SUBDIVISION MAP FOR A 111 UNIT PROJECT ON 35.6 ACRES OF PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF CAMINO DE LAS COCHES AND CALLE ACERVO WEST OF CALLE BARCELONA APPLICANT : TIERRA SANTA FE CASE NO: CT 90-4/HDP 89-50 WHEREAS, on February 6, 1991 the Carlsbad Planr Commission held a duly noticed public hearing to considei proposed Negative Declaration, Tentative Subdivision Map CT S and Killside Development Permit HDP 89-50 for a 111 unit proj and adopted Resolutions Nos. 3147, 3148 and 3149 respective recommending to the City Council that the Negative Declarati Tentative Subdivision Map CT 90-4, and Hillside Development Per HDP 89-50 be approved: and WHEREAS, the City Council of the City of Carlsbad, on 14, 1991 held a public hearing to consider the recommendations heard all persons interested in or opposed to CT 90-4/HDP 89- and WHEREAS, a Negative Declaration was issued on August 1990 and submitted to the State Clearinghouse for a 30 day rev period. All comments received from that review period are fu incorporated into the conditions of approval for the tentative and other project approvals. These conditions will be revie through a monitoring program set up for the project and the Coun is satisfied that the project is in full compliance with California Environmental Quality Act and the Carlsbad Environmen Protection Ordinance, /// 1 2 3 4 5 6 7 e 0 NOW, THEREFORE, BE IT RESOLVED by the City Council oj City of Carlsbad, California, as follows: 1. That the above recitations are true and correct 2. That the negative declaration on the above refere project is approved and that the findings of the Plar Commission contained in Resolution No. 3147 marked Exhib attached hereto and made a part hereof are the findings of the 8 9 10 ,1 12 00, m> sw$ 13 $Em dLg% 14 moa< Z>dZ 0h-K m='O nk 15 u: '<l >m< ~wmo EZ~Q- 16 qgy >Z$ 17 l8 g3ns z03$ 50 19 2o 21 22 23 24 25 26 27 28 Council. 3. That the tentative subdivision map for this prc (CT 90-4) is approved and that the findings and conditions of Planning Commission contained in Resolution No. 3148 marked Exk B and attached hereto and made a part hereof are the findings conditions of the City Council with the exception of Conditior 65 which is amended to read as follows: "An open space easement shall be dedicated on the E areas. The applicant shall fence and landscape the slopes tc satisfaction of the Planning Director. A homeowner's associc and be responsible for the preservation and maintenance of the space slope areas. The CC&Rs and provisions for slope mainter shall be accomplished to the satisfaction of the Planning Dire prior to final map approval." with covenants, conditions and restrictions shall be establj 4. Hillside Development Permit HDP 89-50 is approvec that the findings and conditions of the Planning Commission contained in Resolution No. 3149 marked Exhibit C and attache /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 cowm 32: 13 KUCb 5pg oL$m 14 z ooqs ez2g l5 go82 q8y g-3 D 4m ms,k $21 U'QJ wmo +>co< u~d 16 NU 17 18 19 20 21 22 23 24 25 26 27 28 0 0 0 hereto and made a part hereof are the findings and conditionr the City Council. PASSED, APPROVED AND ADOPTED at a Regular Meeting of City Council of the City of Carlsbad on the 4th day of Juri 1991, by the following vote, to wit: AYES: Council Member Lewis, Kulchin, Larson, and Nygaard NOES : None ABSENT: Council Member Stanton ATTEST: (SEAL) 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 a 0 PLANNING COMMISSION RESOLUTION NO. 3147 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A TENTATIVE MAP AND HILLSIDE DEVELOPMENT PERMIT TO DEVELOP A 111 LOT SUBDMSION FOR SINGLE FAMILY HOMES. CASE NAME: TIERRA SANTA FE CASE NO.: CT 904/HDP 89-50 WHEREAS, the Planning Commission did on the 6th day of February, 1991, h 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 i arguments, examining the initial study, analyzing the information submitted by staff, i considering any written comments received, the Planning Commission considered factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Plam Commission hereby recommends APPROVAL of the Negative Declaration accord to Exhibit "ND", dated August 30, 1990, and "PII", dated August 30, 19 18 19 attached hereto and made a part hereof, based on the following findings: 1 I 21 11 22 23 24 25 26 27 2a 1. The initial study shows that there is no substantial evidence that the project r have a significant impact on the environment. The site has been previously graded pursuant to an earlier environmental analj The streets are adequate in size to handle traffic generated by the propc project. There are no sensitive resources located onsite or located so as to be significa impacted by this project. 2. 3. 4. .... .... FB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 e .I) PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plann Commission of the City of Carlsbad, California, held on the 6th day of February, 19 by the following vote, to wit: AYES Chairperson Holmes, Commissioners: Schlehuber, Schramrr Hall. NOES: Commissioner Erwin & McFadden. ABSENT: Commissioner Marcus. ABSTAIN: None. ATTEST: MICHAEL J. HaLZMIEER PLANNING DIRECTOR 1 19 20 21 22 23 24 25 26 27 28 I i I -2- PC RES0 NO. 3147 I1 4 City of Carlsbad r CT 90-4/ TIERRA SANTA FE I HDP 89-50 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 FAMILY HOMES ON PROPERTY GENERALLY LOCATED ON THE SOUT,HWEST CORNER OF WINO DE LOS COCHES AND CALLE ACERVO, WEST OF CALLE BARCELONA. CASE NAME: TIERRA SANTA FE CASE NO.: CT 90-4 WHEREAS, a verified application for certain property to wit: Parcels 3 and 4 of Parcel Map No. 13970, in the City of Carlsbad, County of San Diego, State of California filed in the office of the County Recorder of San Diego County September 25, 1985 as file no. 85-355261 of official records. has been filed with the City of Carlsbad and referred to the Planning Commission; a WHEREAS, said verified application constitutes a request as provided by' 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of February, 1' hold a duly noticed public hearing as prescribed by law to consider said request; an( WHEREAS, at said public hearing, upon hearing and considering all tes tin and arguments, if any, of all persons desiring to be heard, said Commission considere, 1 1 factors relating to the Tentative Tract Map. 1 2 3 0 0 PLANNING COMMISSION RESOLUTION NO. 3148 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A 111 LOT SUBDMSION FOR SINGLE 21 as follows: 22 1 23 24 A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commis recommends APPROVAL of CT 90-4, based on the following findings and subjec the following conditions: 25 26 27 28 1 1 "' IT 1 2 3 4 5 6 7 8 9 10, 11 l2 l3 14 15 W 0 FiIldiUgS: 1. The project is consistent with the City's General Plan since the proposed densiq 3.2 du's/acre is within the density range of 04 du's/acre specified for the sitt indicated on the Land Use Element of the General Plan, and is at or below growth control point of 3.2. The site is physically suitable for the type and density of the development since site is adequate in size and shape to accommodate residential development at density proposed. The Planning Commission has, by inclusion of an appropriate condition to 1 project, ensured building permits will not be issued for the project unless the ( Engineer determines that sewer senrice is available, and building cannot oc within the project unless sewer service remains available, and the Plann Commission is satisfied that the requirements of the Public Facilities Element of General Plan have been met insofar as they apply to sewer service for this projc School fees will be paid to ensure the availability of school facilities in the ! Dieguito High School District and Enchitas Union Elementary School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required conditions of approval. The applicant has agreed and is required by the inclusion of an appropri condition to pay a public facilities fee. Performance of that contract and paym 2. 3. 4. 5. i 6. I I 7. 20 21 22 23 24 25 26 27 28 I Plan. I I 9. This project will not cause any significant environmental impacts and a Negat Declaration has been issued by the Planning Director on August 30, 1990 i recommended for Approval by the Planning Commission on February 6, 1991. recommending approval of this Negative Declaration the Pl&g Commission 1 considered the initial study, the staff analysis, all required mitigation measures a any written comments received regarding the significant effects this project COI have on the environment. I j i ' PC RES0 NO. 3148 I -2- 1 2 3 4 5 6 7 8 9 lo 11 12 13 e 0 10. The applicant is by condition, required to pay any increase in public facility fee, new construction tax, or development fees, and has agreed to abide by a additional requirements established by a Local Facilities Management Plan prepar pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensc continued availability of public facilities and will mitigate any cumulative impac created by the project. This project is consistent with the City's Growth Management Ordinance as it 1 been conditioned to comply with any requirement approved as part of the Lot Facilities Management Plan for Zone 11. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hills] Ordinance) and meets all the requirements of that Chapter to ensure the sensit treatment of the City's hillside resources. 11. 12. Conditions: 1. Approval is granted for CT 904, as shown on Exhibit(s) "A" - "L", dated Febmi 6, 1991, incorporated by reference and on file in the Planning Departme Development shall occur substantially as shown unless otherwise noted in thi conditions. The developer shall provide the City with a reproducible 24" x 36", mylar copy the tract map as approved by the Planning Commission. The tract map shall refl 1 2. 17 18 3. A 500' scale map of the subdivision shall be submitted to the Planning Director pi to the recordation of the final map. Said map shall show all lots and streets wit and adjacent to the project. i 1 22' 23 24~ 251 26 27 28 ... ... I .-. 1 PC RES0 NO. 3148 . I ! ... -3- 1 2 3 4 5 6 7 8 9 lo 11 12 l3 14 15 16 0 0 5. This project is also approved under the express condition that the applicant pay th, public facilities fee adopted by the City Council on July 28, 1987 and as amende( from time to he, and any development fees established by the City Counci pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinanc adopted to implement a growth management system or facilities and improvemer plan and to fulfill the subdivideis agreement to pay the public facilities fee date October 23, 1989, a copy of which is on file with the City Clerk and is incorporate by this reference, If the fees are not paid this application will not be consistent wit the General Plan and approval for his project will be void. The applicant shall pay park-in-lieu fees to the City, prior to the approval of tl final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate conditions of overcrowding part of building permit application. These fees shall be based on the fee schedL 6. 7. in effect at the time of building permit application. 8. This project shall comply with all conditions and mitigation required by the Zo 11 Local Facilities Management Plan approved by the City Council in Februa 1988, incorporated herein and on file in the Planning Department and any futi amendments to the Plan made prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or 1 payment of any fees in lieu thereof, imposed by this approval or imposed by law this project are challenged this approval shall be suspended as provided Government Code Section 65913.5. If any such condition is determined to invalid this approval shall be invalid unless the City Council determines that project without the condition complies with all requirements of law. 9. l7 18 19 20 21 22 23 24 25 26 27 28 1 10. Approval of this request shall not excuse compliance with all sections of the Zor Ordinance and all other applicable City ordinances in effect at time of builc permit issuance. Approval of CT 90-4 is granted subject to the approval of HDP 89-50. The applicant shall provide the following note on the final map of the subdivi and final mylar of this development submitted to the City: "Chapter 21.90 of the Carlsbad Muniapal Code establishes a Growth Manager Control Point for each General Plan land use designation. Development ca exceed the Growth Control Point except as provided by Chapter 21.90. The use designation for this development is RLM. The Growth Control Point for designation is 3.2 dwelling units per noncomtrained acre. I 1 I 11. 12. i I PC RES0 NO. 3148 -4- 1 2 3 4 5 6 7 E S 1C 11 12 12 14 1: 1E 17 1l 1s 2c 21 22 2: 24 22 26 27 28 13., 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Parcels 255-031-22 & 23 were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels 255-031-22 & 23 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code.” 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. All landscaped areas shah be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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 Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shah be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. Prior to final 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 Carlsbad Municipal Code. The minimum shrub size shall be 5 gallons. One 15 gallon tree or larger shall be planted on each residential lot frontyard prior to occupancy of each unit. Any signs proposed for this development shall at a minimum be designed in conformance with the City% Sign Ordinance and shah require review and approval of the Planning Director prior to installation of such signs. PC PESO NO. 3148 -5- 1 2 3 4 5 6 7 8 10 11 12 13 91 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 0 25. The project shall provide bus stop facilities at locations subject to the satisfactic of the North County Transit District. Said facilities shall at a minimum include bench, free from advertising, and a pole for the bus stop sign. The bench and PC shall be designed in a manner so as to not detract from the basic architectu theme of the project and said design shall be subject to the approval of the Plannil Director and North County Transit District. The developer shall display a current Zoning and Land Use Map in the sales offi 26. at all times, or suitable alternative to the satisfaction of the Planning Director. 27. All sales maps that are distributed or made available to the public shall include t not be limited to trails, future and existing schools, parks, and streets. As part of the plans submitted for building permit plan check, the applicant sh include a reduced version of the approving resolution/resolutions on a 24" x 1 blueline drawing. Said blueline dravvhg(s) shall also include a copy of r applicable Coastal Development Permit and signed approved site plan. report shall be prepared and submitted to the City of Carlsbad. If the soils re1 Prior to issuance of a grading or building permit, whichever comes first, a s indicates the presence of potential fossil bearing material then a standard 1 phased program, on file in the Planning Department, shall be undertaken to a\ possible significant impacts on paleontological resources under the direction of 28. 29. I I Planning Department. 30. Solid masonry sound attauation walls to a maximum of 6' shall be provided on 1,17, 18,20,35,38, 39,68,77, 78,79,80,110,111 and to a maximum of 7 lot 34 as shown in the noise analysis, report #90-86, dated March 27,1990. ' design of the sound attenuation waUs and solid masonry privacywalls on comer shall be reviewed and approved by the Planning Director prior to the issuanc building pexmits. Building floorplans, elevations and matexiah are a specific part of this appmw shown on (Exhibits "G" - "L9. I 1 31. F3l!Zinm Conditions: 32. Unless a standard variance has been issued, no variance from City Standarc authorized by virtue of approval of this tentative map. The developer shall comply with all the rules, regulations and design require= of the respective sewer and water agencies regarding services to the project. 33. I PC RES0 NO. 3148 -6- I I. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 0 0 34. The developer shall be responsible for coordination with S.D.G.&E., Pac Telephone, and Cable TV authorities. AU concrete terrace drains shall be maintained by the homeowner's association on CO~O~Y owned prop@) or the LdhAdud property owner (if on individually owned lot). An appropriately worded statement clearly identifying responsibility shall be placed in the CC&R's. Approval of this tentative tract map shall expire twenty-four (24) months Erom date of City Council approval unless a final map is recorded. An extension may requested by the applicant. Said extension shall be approved or denied at discretion of the City Council. In approving an extension, the City Council n impose new conditions and may revise existing conditions pursuant to Sect 20.12.110(a)(2) Carlsbad Municipal Code. Prior to approval of the final map the developer shall enter into an agreement M the City to pay any drainage area fees established as a result of the forthcom Master Drainage Plan Update. 35. 36. 37. 38. The owner of the subject property shall execute a hold hannless agreem( regarding drainage across the adjacent property prior to approval of the final IT for this project. The applicant shall agree to utilize reclaimed water, in Type I form, on the subj property in all common areas as approved by the City Engineer. Reclaimed wat as defined in Section 1305(n) of the California Water Code, means water which, a result of treatment of wastewater, is suitable for a direct beneficial use controlled use that would not otherwise occur. I l 39. 20 21 22 23 24 25 26 27 28 I 1 permit and complete the grading work in substantial conformance with t approved grading plans. The developer shall obtain a grading permit prior to the commencement of a clearing or grading of the site. 41. ... ... '*. PC RES0 NO. 3148 -7- 1 2 3 4 5 6 7 a 9 10 11 12 13 l4 15 16 I.7 l8 19 0 0 42. Upon completion of grading, the developer shall ensure that an "as-graded" geologi plan be submitted to the City Engineer. The plan shall clearly show all the geolog as exposed by the grading operation, all geologic corrective measures as actual17 constructed and must be based on a contour map which represents both the pre anc post site grading. This plan shall be signed by both the soils engineer and thl engineering geologist. The plan shall be prepared on a mylar or similar draftin film and shall become a permanent record. No grading shall occur outside the limits of the subdivision unless a grading or slop easement is obtained from the owners of the affected properties. If the develope is unable to obtain the grading or slope easement, he must either amend th Tentative Map or change the slope so grading will not occur outside the project sit in a manner which substantially conforms to the approved tentative map i determined by the City Engineer and Planning Director. A separate grading plan shall be submitted and approved and a separate gradin 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 si1 within this project the developer shall submit to and receive approval from the Cil Engineer for the proposed haul route. The developer shall comply with a conditions and requirements the City Engineer may impose with regards to tk hauling operation. The developer shall exercise special care during the construction phase of th project to prevent offsite siltation. Planting and erosion control shall be providi in accordance with the Carlsbad Municipal Code and the City Engineer. Referen 43. 44. 45. I 46. ' Chap 11.06. 47. Additional drainage easements and drainage structures shall be provided or install prior to the issuance of grading or building permit as may be required by the CI Engineer. Prior to issuance of building permits for any lot within the subdivision, a de i I I ,I 1 48. 22 21 23 24 25 26 27 28 I of the Planning Director and City Attorney notifying all interested parlies a successors in interest that soils and geologic conditions exist on such prop requiringremedialmeasurefspecitiedingeotechnimlandsoilsreportssubmitted~ this project and that these soils and geotechnical reports and other project deta am on file with the city of carlsbad Planning Department. The developer has be conditioned to comply with such remedial measures and certifies that it (develop has complied with said measures. I PC RES0 NO. 3148 -8- 1 2 3 4 5 6 7 8, 9 10 11 12 13 15 l4 16 11 a 0 49. Some improvements shown on the tentative map and/or required by tl conditions are located offsite on property which neither the City nor the subdiv has sufficient title or interest to permit the improvements to be made witk acquisition of title or interest. The Developer shall conform to Section 20.16, of the Carlsbad Municipal Code. Prior to approval of any grading or building permits for this project, the owner I give written consent to the annexation of the area shown within the boundarir the site plan into the existing City of Carlsbad Street Lighting and Landsca] District No. 1. The form shall be provided by the City during the improven plancheck process. Direct access rights for all lots abutting Calle Barcelona, Calle Acervo and Can 50. 51. de Los Coches shall be waived on the final map. 52. Plans, specifications, and supporting documents for all improvements shall prepared to the satisfaction of the City Engineer. Prior to approval of the'final I in accordance, with City Standards the Developer shall install, or agree to in. and secure with appropriate security as provided by law, improvements show the tentative map and the following improvements: A. Unit I: 1) All of the public improvements shown on the tentative map for 1 I and the pubic sewer main through Unit 11 to the existing sewer A in Calle Barcelona. Grading of the entire "off-site" public right-of-way for Cde Barcd and the construction of half street plus an additional 12 fee along Calle Barcelona from Via San Clemente easterly to Cde Acf 2) I pavement to Collector street standards as shown on the tentative 1 21 22 23 24 25 26 27 20 1) All of the public improvements shown on the tentative map for 1 11. '1 .-- ... ... ... PC RES0 NO. 3148 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e 0 c. unit 111: 1) AU of the public improvements shown on the tentative map for UI I11 and the offsite sewer main through the adjacent property to t south (CT 85-9 - Vista Santa Fe - Area "B" east) down Calle Jalis and Camino Coronado to the existing sewer at the intersection Camino Coronado and Via San Clemente, or that off site sewer m be redesigned to the satisfaction of the City Engineer in substant conformance with the approved tentative map. 53. Improvements listed above shall be constructed within a maximum of 24 months final map approval and/or improvement plan approval, whichever occurs first. Custom Conditions: 54. Prior to the recordation of the final map, the applicant shall submit proof that I issue of the pending lot line adjustment with the issue Encinitas School Distric settled. The developer shall make an offer of dedication to the City for an easement storm drain puqmses for the portion of the existing storm drain system construc on this property per City Dram No. 2896 (PD 306). The offer shall be mi by a certificate on the final map for this project. All land so offered shall be gran to the City free and clear of all liens and encumbrances and without cost to the C Approval of this project is contingent upon the pmvkion of adequate public facilii to satisfy the Public Facilities F.lement of Generat Plan. At this time a Mdo R Community Facilities District is proposed to finance the construction of sew Citywide facilities necessary to serve new development. If the Mello-R Community Facilities District is not formed, or if the Community Facilities Dist 55. I i 56. 11 I 20 21 22 23 24 25 26 27 28 will be issued or approved unless an alternate financing mechafllsm isprovidei the Developer and approved by the City Council to finance the facilities leg applicable to Zone 11 that would have been or are included in the Commul Facilities District. For purposes of this condition the Mdo-Rw District wil] considered to be foxmed following an afbnative vote of the property ownexs 1 a 3-y period as prescribed by law to provide for any protest regarding formal of the District. This approval is subject to all conditions of approval of Master Plan 149, and 2 1 57. 11 Lud Facility Management Plan, and any amembents thereto. PC RES0 NO. 3148 -10- 1 2 3 4 5 6 7 8, 9 10 11 12 13 14 15 16 17 0 0 58. No grading permits shall be issued for this subdivision prior to recordation of final maps unless specifically approved otherwise by the city -. TMS project is specitica~y approved as a 3 unit pha~ed final map for mohi purposes. If the developer chooses to record and construct out of unit numa sequence, the following dedications and improvements will be required with the j unit/construction phase. A. 59. Dedications: The developer shall obtain the entire "off-site" public righi way dedication by separate instrUment for Calle Barcelona as shown on tentative map. h~rovements: Grading of the entire public right of way for We Barcel and the construction of half street plus an additional 12 fet of pavemm Collector street standards as shown on the tentative map along C Barcelona from Vm San C3emente easterly to Calle Acervo including required transition to existing improvements. The developer shall make an offer of dedication to the City for all public streets easements required by these conditions or shown on the tentative map. The c shall be made by a certificate on the final map for this project. All land so off( shall be granted to the City& and dear of all liens and encumbrances and witk cost to the City. Streets that are already public are not required to be rededica In addition to the above the following conditions shall also apply: k B. 60. With Unit I the developer shatt: 1) Dedicate by separate instrument the required public sewer easen through unit E. I 18 19 20 22 21 23 24 25 26 27 28 B. With Unit III the developex shall obtain: 1) i The "off-site sewer easement through the adjacent property to south (Cr 85-9 Vl Santa Fe Area "B" Fast) down Me Jalisco Camino Coronado to the existkg sewer at the intersection of Can Coronado and Via San Clemente, unless an alternate desig approved to the satidkction of the City Eqineer. Prior to the first final map approval a hydrology study shall be completed to satisfaction of the City m. This study sball include an analysis of EncinitasCreekDrainageBasinfiom~ne11 toBatiquitosLagoon. Thisstudyr propose alternate forms in mitigating peak storm runoff flows to include a p flood attenuation action plan for the entire Encinitas Creek Drainage Basin. ! I 61. PC RES0 NO. 3148 -11- 1 2 3 4 5 6 7 a 9 10 11 12 13 I* 15 16 17 e 0 62. prior to final map approval the developer shall pay a proportionate share oft mitigation cost of the possible flood attenuation mentiod in the above conditic Within 180 days hm the date of the Tim Santa Fe Tentative Map appma (t elkctive date of the @y coundl resolution), a financial guarantee acceptable to t Gfy &und for construction of Rancho Santa Fe Road impmvmts mu~t provided by the DevetOper. Unless the guarantee is approved by the city am within the 180 day period, all processing on the Tie.rra Santa Fe Final Map M cease until such time as it is approved. The time limit may be extended at t discretion of the City council. The developer shall make an offer of dedication to the City of Carlsbad for an op space easement over the slope portions of the following lots which are: a. b. c. Specifically the lots are: Lots 9-12,14-18,20,35,3841,44-60,78-80,84,85, and 105-111. The offer sh be made by a certificate on the final map for this project. This offer of dedicatic for Open Space Easement shall be delineated on the tentative map. The applicant shall establish a mecharusm which guarantees for the perpetu maintenance of the open space easements or a homeowner's association a corresponding covenants, conditions, and restzictions to the satisfaction of tl Planning Director prior to final map approval. The approval of the tentative map for this project, CT 904 wiu supersede m 63. 64. adjacent to public road rights-of-way; adjacent to General Plan Open Space; adjacent to Mission J3tanaa school ' 65. 66. render the existkg tentative map approval (Cr 85-11) null and void. 20 1 21 22 23 24 25 26 68. All fencing facing Rancho Santa Fe Road, Camino de Los Coches, Calle Acervo, a acceptable for each street bntage. The design(s) shall be approved by tl Planning Director prior to the final map approval and a restriction shall be place on indivdual property deeds to guarante that the doxm fence design be retain€ unchanged (except for necessary maintenance) in perpetuity to the satisfaction ( the Planning Director. CaUe Barcelona shall be of a uniform design. A uniform Merat design may 1 27 28 1 PC RES0 NO. 3148 -12- v 1 2 3 4 5 6 7 a 9 lo 11 12 l3 14 15 16 l7 e e Fire DeDarnn at: 69. Additional public and/or onsite fire hydrants shall be provided if deemed necess by the Fire Marshal. The applicant shall submit two (2) copies of a site plan showing locatiom existing and proposed fire hydrants and onsite roads and drives to the Fire Mars for approval prior to issuance of a building permit. The applicant shall submit for processing and shall pay the required applicants j for a waterline improvement plan and appurtenant waterline easement as may required by the City Engineer, the Fire Marshal and Carlsbad Municipal W District. The deed shall be properly executed and the waterline plans signed by City Engineer prior to issuance of building pennits. An all-weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational PI 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 most recent City of Carlsbad Landscape Guidelines Manual. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklf and other systems pertinent to the project shall be submitted to the Fire Departm for appro-Val prior to construction. Prior to issuance of building permits, the developer shall provide the E Department with a 500’ scale map showing streets (public and private), sty 70. 71. 72. 73. 74. 75. i 76. 77. ! 18 19 1 I ,I names, fie hydrant locations, and beginning and ending addresses by block. Prior to issuance of building permits, the developer shall submit to the E 78. 22 23 24 25 26 27 28 400’ scale (1:4800) Photo reduction on mylar w D At least two existing streets and/or intersections shall be referenced on 1 map (not a separate vicinity map) Maps shall include at least the following information: PC RES0 NO. 3148 -1 3- v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 e 0 * Street Centerlines * Street Names * Fire hydrant locations 79. The applicant shall agree to pay a fee established to cover the cost of updating Fi Department response maps. Water shall be provided by the Olivenhain Water District. 80. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni Commission of the City of Carlsbad, California, held on the 6th day of February, 1991, the following vote, to wit: AYES: NOES: Commissioners McFadden & Erwin. ABSENT: Commissioner Marcus. ABSTAIN: None. Chairperson Holmes, Commissioners: Schlehuber, Schramm & Hz B A li ---'".., '-., ~ii~bMIsSI0~ R~B~T~ YE: c~i,akp 4%- J ,! .- * 7 4. I. 8 : ${ i; l8 - 1 i ATTEST: 21 22 23 24 25 26 27 28 I 1 PC RES0 NO. 3148 -14- L 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 21 2o 22 23 24 25 26 27 28 0 (I) PWWMNG COMMISSION RESOLUTION NO. 3149 A RESOL~ON OF THE PLANNING COMMISSION OF THE CI'W OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF CAMINO DE LOS COCHES AND CALLE ACERVO, WE NAME: TIERRA SANTA FE WEST OF CALLE BARCELONA. CASE NO.: HDP 89-50 WHEREAS, a verified application for certain property to wit: Parcels 3 and 4 of Parcel Map No. 13970, in the City of Carlsbad, County of San Diego, State of California filed in the office of the County Recorder of San Diego County September 25, 1985 as file no. 85-355261 of official records. . has been filed with the City of Carlsbad and referred to the Planning Commission; ai WHEREAS, said verified application constitutes a request as provided byn 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of February, 1! 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 testin- and arguments, if any, of all persons desiring to be heard, said Commission considerec factors relating to the Hillside Development Pennit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis as follows: A) B) I That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commis recommends APPROVAL of HDP 89-50, based on the following findings and SUE to the following conditions: ... I 8 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e e Findings: 1. That those! areas of 40% slope have been identifid and are exempted frol COIIstrainted Iand status a~ area^ previouSly distrrrbed by authorized grading or a isolated slopes. That the proposed project is consistent with the purpose, intent and requiremen of the Hillside Ordinance. That the development is consistent with the provisions of section 21.53.230 a~ 240 of the carlsbad Municipal Code. Thatthesitehasbeendktmbed by previously approved grading. That remedial grading which is exempted from the provisions of the Hillsi Ordinance is necessary to stabilh the existing conditions for resident development. That the site is impacted by unusual geotechnical and soils conditions ti necessitate corrective work. 2. 3. 4. 5. 6. 7. That corrective grading work creates slopes greater than 30 feet which are brol by eight foot benches with brow ditches. Conditions: 1. Approval is granted for HDP 89-50, as shown on Exhibits "A" - "H", dated Febru 6, 1991, incorporated by reference and on file in the Planning Departmc Development shall occur substantially as shown on the approved exhibits. A proposed grading andlor development substantially different from this approva determined by the Planning Director, shall require an amendment to this Hill! Development Permit. All conditions of Planning Commission Resolution No. 3148 for CI' 904 applicable to this approval and incorporated through this reference. The grading as proposed, shall occur substantially as shown on F,xhiiits "C, I: dated February 6, 1991. 2. 3. ... ..* PC RES0 NO. 3149 -2- f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e e PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plam Commission of the City of Carlsbad, California, held on the 6th day of February, 1991 the following vote, to wit: AYES: NOES: Commissioner Erwin & McFadden. ABSENT: Commissioner Marcus. ABSTAIN: None. ---_ Chairperson Holmes, Commissioners: Schlehuber, Schramm & E ATTEST: MICHAEL J. HMZMIUER PLANNING DIRECTOR 18 19 20 21 22 23 24 25 26 27 20 1 1 1 1 PC RES0 NO. 3149 -3-