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HomeMy WebLinkAbout1983-04-19; City Council; Resolution 71911 2 3 4 5 6 7 E s 1( 13 1: 9 1 2 2 2 2 2 2 2 2 2 RESOLUTION NO. 7191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP (CT 83-2) AND CONDOMINIUM PERMIT (CP-225) ON PROPERTY GENERALLY LOCATED AT THE EXISTING EAST END OF POINSETTIA LANE IMMEDIATELY NORTH OF THE SPINNAKER HILLS DEVELOPMENT. APPLICANT: STANDARD PACIFIC CASE NO: CT 83-2/CP-225 WHEREAS, on March 9, 1983 the Carlsbad Planning Commission adopted Resolution No. 2090 recommending to the City Council that Tentative Tract Map (CT 83-2) and Condominium Permit (CP-225) be approved; and WHEREAS, the City Council of the City of Carlsbad, on April 5, 1983, held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Tract Map (CT 83-2) and Condominium Permit (CP-225); and WHEREAS, said Tentative Tract Map and Condominium Permit have been declared to have a nonsignificant impact on the environment and a Neqative Declaration was prepared and filed on February 18, 1983 in compliance with 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 Resolution No. 2090 constitute the findings of the City Council in this matter. /// /// 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 83-2 and Condominium Permit CP-225 are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 2090, dated March 9, 1983 marked Exhibit A, 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 19th day of April , 1983 by the following vote, to wit: AYES: NOES: None Council "brs Casler, Lewis, Kulchin, Chick and Prescott ABSENT: None MARY H. PSLER, Mayor ATTEST : lll..&L jP @&A,, ALETHA L. RAUTENKRANZ (SEAL) 2. Dr -f .” 1 2 3 4 5 6 7 8 9 IC 11 12 1: 14 3.5 1E 1‘; I€ 1: 2( 22 2; 21 21 2: 2t 2: 2( PLANNING COMMISSION RESOLUTION NO. 2090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED AT THE EXISTING EAST END OF POINSETTIA LANE IMMEDIATELY NORTH OF THE SPINNAKER HILLS DEVELOPMENT. APPLICANT: STANDARD PACIFIC CASE NO.: CT 83-2/CP-225 WHEREAS, a verified application for certain property to, rit: A portion of the west half of the northeast quarter of Section 28, Tier 12 South, Range 4 West, San Bernardino Base and Meridian, Las been filed with the City of Carlsbad, and referred to the planning Commission; and WHEREAS, said verified application constitutes a request 1s provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Comnission did, on the 9th day of larch, 1983, hold a duly noticed public hearing as prescribed by taw to consider said request; and WHEREAS, at said public hearing, upon hearing and mnsidering all testimony and arguments, if any, of all persons 3esiring to be heard, said Commission considered all factors relating to the Tentative Tract Nap and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission as follows: 4) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, - the Commission recommends APPROVAL of CT 83-2/CP-225, based on the following findings and subject to the following conditions: //// //// 719 1 RESOLUTION NO. 1 2 3 4 5 6 7 e 9 IC 11 12 34 If 16 17 18 .19 2c 21 22 22 24 25 2E 27 2E 7 ind i ng s The project is consistent with the city's General Plan since the proposed density of 7 du's/acre is within the density range of 4-10 du's/acre specified for the site as indicated on the Land Use Element of the General Plan. The site is physically suitable for the type and density of thc development since the site is adequate in size and shape to accommodate residential development at the density proposed. The project is consistent with all city public facility pol- icies and ordinances since: a) The Planning Commission hasr 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 satisfie( that the requirements of the public facilities element of the General Plan have been met insofar as they zpply to sewer service for this project, b)l School fees will be paid to ensure the availability of school facilities in the Carlsbad school district. b)2 The Carlsbad School District has written a letter, dated January 20, 1983, stating that school facilities will be available to this project; c) Park-in-lieu fees are required as a condition of approval. d) All necessary public improvements have been provided or will be required as conditions of approval. e) 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. f) Assurances have been given that adequate sewer fox the project will be provided by the city of Carlsbad. The proposed project is consistent with the city's Planned Development Ordinance and also complies with the Design Guidelines Manual. //// PC RESO rm. 2090 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 36 17 1& 1s 2c 21 22 2: 24 2E 2E 27 28 ) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. 1) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on February 18, 1983 and approved by the Planning Commission on March 9, 1983. Approval is granted for CT 83-2/CP-225- as shown on Exhibit(s) A, dated March 4, 1983, and B, C, D, E, F, G, H, I, J, K, dated January 21, 1983, and L, M, dated March 1, 1983, 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 suck 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 agreement executed by the applicant for payment of said fee, a copy of that agreement, dated January 18, 1983, is 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. The applicant shall provide for the payment of park-in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance aod all other applicable city ordinances in effect at time of building permit issuance. //// ?C RES0 NO. 2090 3. 1 2 3 4 5 6 7 8 9 10 11 12 12 14 15 1E 17 1E 1s 2c 21 2: 23 24 25 26 27 28 ) Water shall be provided by the city of Carlsbad unless some other arrangement is approved by the City Council. and Use Planning Office 2 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. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Land Use Planning Manager.prior to final map approval. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. Prior to the issuance of grading permits, the archaeological site on the property shall be investigated as recommended on Page 13 of the Archaeological Survey for the site dated June 1, 1982. 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. Any signs proposed for this development shall be designed in conformance with the city's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs. If provided, trash receptacle areas shall be enclosed by a 6-foot high masonry wall with gates pursuant to city standards, Location of said receptacles shall be approved by the Land Use Planning Manager. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sounc buffered from adjacent properties and streets to the satisfaction of the Land Use Planning Manager and Building and Planning Director. - 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. '/// 'C RES0 NO. 2090 4. I. 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 ,- ig i nee& i n3 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 grading" 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. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. 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. 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, unless otherwise approved by the City Engineer. Direct access rights for all lots abutting Poinsettia Lane and Batiquitos Drive shall be waive6 on the final map, Prior to final map approval an access easement shall be granted to the commercial grower (Thompson) east of this project. The alignment for this easement must be approved by the City Engineer. All public streets improved by the developer shall be based on the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to occupancy, and to the satisfaction of the City Engineer, Batiquitos Drive shall be wider than standard to allow for an additional lane to mitigate posible congestion at this intersection, as shown on Exhibit A, dated March 4, 1983. The developer shall contribute 50% toward the construction of E 6 phase traffic signal at the intersection of Batiquitos Drive and Poinsettia. The developer shall design the traffic loops and the traffic signal at Batiquitos drive and Poinsettia Lane prior to final map approval. '/// 'C RES0 NO. 2090 5. 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 drainage system shall be designed to the satisfaction of the City Engineer. The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. ?'he owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map. Prior to final map approval the land owner west of this site shall grant permission to drain onto his property, or the system shall be redesigned to mitigate this issue. 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 developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 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. The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings. The developer shall install a wheelchair ramp at all public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 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. 'C RES0 NO. 2090 6. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2% 23 24 25 26 27 28 9) 1 :1 ) pire During the construction phase of the project, heavy construction equipment and trucks shall take access to the project directly from Poinsettia Lane and shall not take access through the Spinnaker Hills subdivision to the south, Specifically, no construction equipment or trucks shall use the Daisy Avenue/Ivy Street access to the site. All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This responsibility shall be clearly stated in the CCSrR's. 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 existing conditions. 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 or 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 shal: be operational prior to combustible building materials being located on the project site. Adequate emergency vehicle turn-arounds shall be provided by a cul-de-sac or a hammerhead when driveway is more than 150 feet deep from property line at street. All private driveways and one side of all private streets having widths of 32' or less shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. Fire retardant roofs shall be required on all structures, 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. //// PC RES0 NO. 2090 7. 50) 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. 51) The project lies in an area which is in excess of the five minute emergency response time standard from a fire station. If construction begins prior to a suitable site being found, all structures shall be provided with an automatic fire sprinkler meeting the Fire Department's standards for residential sprinkler systems. Parks and Recreation 52) Street trees shall be planted at the rate of one per detached residence. The species of trees are to be approved by the Parks and Recreation Department. All trees are to be planted a minimum 12' back of curb. 53) Landscaping of the area shall incorporate native, indigenous drought plantings, limited use of turf and water conservation irrigation practices to the satisfaction of the Parks and Recreation Director. 54) Any open space/natural areas shall be hydroseeded with an approved hydro-seed mix. 55) The recreational vehicle storage area shall be screened with heavy landscape plantings. 56) All slope areas adjacent to public streets shall be hydroseeded with an approved drought tolerant seed mix and irrigated with a temporary irrigation system. //// //// //// //// //// //// //// //// //// PC RES0 NO. 2090 8. 1 2 3 Rombotis, Farrow, Jose, Friestedt and Rawiins, NOES: None, PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 9th day of March, 1983, by the following vote, to wit: CARLSBAD PLANNING COMMISSION 14 15 16 17 18 LAND USE PLANNING MANAGER l3 I/ ' 19 2o 21 22 23 24 25 26 27 I I I PC HESO NO. 2090 28 9.