HomeMy WebLinkAbout1985-05-21; City Council; Resolution 80171
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RESOLUTION NO , 8017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN 70 UNIT
TENTATIVE TRACT MAP (CT 85-8) AND PLANNED UNIT
DEVELOPMENT (PUD-82) ON 10-5 ACRES ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
ALGA ROAD AND MELROSE DRIVE, APPLICANT: MEADOWCREST
CASE NO: CT 85-8/PUD-82.
WHEREAS, on April 10, 1985, the Carlsbad Planning
Commission adopted Resolution No. 2428 recommending to the City
Council that Tentative Tract Map (CT 85-8) and Planned Unit
Development (PUD-82) be approved: and
WHEREAS, the City Council of the City of Carlsbad, on
May 7, 1985 held a public hearing to consider the recommendations
and heard all persons interested in or opposed to Tentative Tract
Map (CT 85-8) and Planned Unit Development (PUD-82); and
WHEREAS, said Tentative Tract Map and Planned Unit
Development have been declared to have a nonsignificant impact on
the environment and a Negative Declaration, dated March 19, 1985,
was prepared, approved and filed by the Planning Commission on
April 10, 1985, 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, 2428 constitute the findings of the City Council
in this matter.
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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 85-8 and Planned Unit
Development PUD-82 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. 2428 dated April 10, 1985 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
21st day of &Y , 1985 by the following vote, to wit:
AYES :
NOES : council Menber Pettine
ABSENT: Eone
Council Wembers Casler, Lewis, Kulchin, and Chick
MARY H. PSLER, Mayor
ATTEST :
ALETRA L. RAUTENK
(SEAL)
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PLANNING COPMISSION RESOLUTION NO. 2428
A RESOLUTION OF THE PLANNING COWMISSION OF THE
APPROVAL OF A 70 UNIT TENTATIVE MAP APJD PLANNED
UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED
ON THE SOUTHWEST CORNER OF ALGA ROAD AND
MELROSE DRIVE.
APPLICANT: MEADOWCREST
CASE NO: CT 85-R/PUD-82
CITY OF CARLSBAD, CALIFORNIA, RECOMMEMDING
WHEREAS, a verified application for certain property, to
wit:
Lot 1 of Carlsbad Tract No. 79-25(B) Unit No. 1 according
to Map No. 10243 filed October 20, 1981,,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of.the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 10th day of
April, 1985, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development:,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission hereby recommends APPROVAL of CT 85-8/PUD-82,
based on the following findings and subject to the following
conditions:
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'indings:
) The projec is consistent with the City's qeneral plan since the proposed density of 6.6 du's/acre is within the density range of 4- du's/acre specified for the site as indicated on the land us element of the general plan.
I) The site is physica ype and density of
I the development sin in size and shape to accommodate resi the density pro-
posed ,
The project is consistent with all City public facility pol- icies, and ordinances since:
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 Pla ssion has added a condition that a note shall be the final map ermits may not or the project
available, and building cannot oc within the project
unless sewer service remains nd 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 .
Engineer determin sewer service is
The San Marcos School District has written a letter, dated
April 4, 1985, stating that- school facilities will be available to this project.
Park-in-lieu fees are required as a condition of ap-
proval.
All necessary public improvements have been provided or
will be required as conditions of approval.
The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities
fee. Performance of tha ntract a enable this body to d that p
ailable concurrent with need as general plan,
Assurances have been given that adequate sewer for 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.
RES0 NO. 2428 -2- ~
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The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the general plan.
The project meets the requirements of City Council Policy
7872 since the density of 6.6 du/ac is under the mean of 7 du/ac established for the RM General Plan designation.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on March 19, 1985 and approved by the Planning Commission on April 10, 1985.
Zond i t ions :
Approval is granted for CT 85-8/PUD-82, as shown on Exhibits
"A" - "K", dated March 11, 1985, 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 pf 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 agreement executed by the applicant for
payment of said fee, a copy of that agreement, dated January
30, 1985, 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 pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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 by the San Marcos Municipal Water District,
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The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. Said
an shall be submitted to and approved by the Land Use g Manager prior to the issuance of building permits.
icant shall establish a honeowner's association and
ndkng covenants, conditions and strictions. Said Be submitted to a by the Land Use gec prior to fina
The applicant shall prepare a detailed 1 tion plan which shall be submitted to an Use Planning Manager prior to the issuan permits.
A 500' scale map of the subdivision shall be submitted to the
Land Use Planning Manager prior to t recordation of the final map. Said map shall show all ts and streets within
All landscaped areas shall be maintained in a healthy and thriving condition, free from weed's, trash, and debris.
Any signs proposed for this development shall be designed in
e with the City's Sign Ordinance and shall require
installation of such signs.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant
cape and irriga-
and adjacent to the project. -.
approval of the Land Use Planning Manager prior to
g Department Policy No, $0-6, to the satisfaction of se 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.
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 m mum include a bench, free from advertising, and a pole fo he bus stop sign. The
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 developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative satisfaction of the Land Use Planning Manager.
nd pole shall be designed in a manner so as to not
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18) All sales naps that are distributed or made available to the
public shall include but not be limited to trails, future and
existing schools, parks, and streets.
19) Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or
addresses shall contrast to their background color.
20) Prior to occupancy of any units, the applicant shall
construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Land Use Planning Manager.
shall submit a detailed fence plan for all fences for the
approval of the Land Use Planning Manager. At a minimum, solid wood or block fences shall be placed between units and along side and rear yard setbacks.
measured from the curb face or 20 feet as measured from the
back of sidewalk.
21) Prior to issuance of any building permits, the applicant
22) All units shall have a frontyard setback of 5 - 8 feet as
23) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project
are challenged this approval shall be suspended as provided
in Government Code Section 65913.5. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with all requirements of law.
Engineering Conditions:
24)
25)
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. Trash and debris shall be disposed
of offsite.
26) 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.
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27) No grading shall occur outside the limits of the subdivision unless a letter of p mission is obtained from the owners of the affected properties.
28) A separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal site if located within the city limits.
slopes within this project shall be
Prior- to -hauling dirt o onstruction ma
proposed construction site within this project the developer
all conditions and requirements the City Engineer may impose wit.h regards to the hauling operation.
t to and receive approval from the City Engineer
posed haul route. The- developer shall comply with
31 1 The developer shall exercise special care during the
construction phase of this project to prevent any off-site siltation. The developer shall provide erosion control measyres and shall construct temporary desi’ltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance throuqh cash deposit and bonding in amounts and types suitable to the City Engineer.
32) 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.
33) The deve per shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by
the City Engineer.
of the subje property shall execute a hold greement regarding drainage across the adjacent
property prior to approval of the final map for this project.
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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 developed conditions. Both 6 hour and
24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be made by a Certificate on the Final Map for this project. All land so offered shall be granted to the City free and clear of
all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be
rededicated.
Direct access rights for all lots abutting Alga Road, Melrose
Drive, Xana Lane except at C Street shall be waived on the final map.
Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the City
Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the
tentative map and the following improvements to City Standards
to the satisfaction of the City Engineer:
All improvements shown on the tentative map dated March 7, 1985
Storm Drain Facilities
Sanitary Sewer Facilities
Potable Water Facilities
Street lights
Traffic striping for both temporary and permanent
facilities
Street Trees
Street Name Signs
Wheel Chair Ramps
Twenty-five percent of the traffic signal system for the
intersection of Melrose and Alga Road. The traffic signals shall be constructed and made operational at such time as traffic warrants are met or the City Engineer
directs. "his signal is to be funded by public facility
fees and the applicant shall be credited or reimbursed for
the cost of this signal.
The developer shall construct private street accesses to
public streets in such a way as to clearly designate that the private streets are not a portion of the public street system.
The developer shall place a plaque-type sign with the legend,
"PRIVATE STREET BEYOND THIS POINT, right to pass revocable to
non-tenants at anytime" at the access point to private streets from public streets. The script on the sign shown above shall
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42) Should the developer decide to final map and develop phases
ut of numerical sequence with the approved phasing as shown
on the tentative map all conditions required of the preceeding
phases shall be completed unless otherwise approved by the
City Engineer and the Land Use Planning Manager.
43) All private streets and drainage systems shall be maintained
by the homeowner's association in perpetuity. This respon- . sibility shall be clearly stated in the CC&R's.
All concrete terrace drains shall be maintained by the
homeowner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot).
An appropriately worded statement clearly identifying the
responsibility shall be placed in the CC&R's.
45) All private stree shall be kept clear of parked vehicles at
all times, and sh have posted "NO Parkinq/Fire Lane Tow
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consistent with current standards.
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etters of a size and contrast such as to be
for a normally sighted person at a distance of 20
rovisions of this condition shall be met to the
of the City Engineer prior to issuance of a
of Occupancy for any portion of this project.
shall be designated as private streets.
per shall in 11 a wheelchair ramp at the public
ner abutting e subdivision i conformance with
sbad Standards prior to ncy of any build- l ings.
r shall conply with alP.the rules, regulations and
rements of the respective sewer and water agencies services to the project. >,
Away Zone" pursuant to Section 17.04.040, Carlsbad E4unicipal 18/1 Code.
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46) The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a review
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. #
The developer shall provide the City with a reproducible mylar
copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the conditions of approval by the City. The map shall be submitted to the City
Engineer prior to improvement plan submittal and shall be 24" x 36" in size and of a quality and material satisfactory to the City Engineer.
Prior to recordation of any final map for this development,
the owner shall give written consent to the annexation of the area shown within the boundaries of the Tentative Map into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1.
The existing two foot wide easement to SDG&E running through lots 74, 11, 12, 13, 14 and 17 shall be relocated to the satisfaction of the City Engineer and the Land Use Planning Manager.
The existing 12 foot wide storm drain easement located in
lots 17 and 18 shall be abandoned by the developer and revised to reflect proposed storm drain improvements.
Fire Department Conditions:
52) Additional public and/or on site fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
showing locations of existing and proposed fire hydrants and
on site roads and drives to the Fire Marshal for approval.
53) The applicant shall submit two (2) copies of a site plan
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4). An a eather access road shall be maintained throughout
construction.
5) All required fire hydrants, water mains a appurtenance s shall be operational prior to combustible
being located on the project site.
ildin9 materials
6) Fire retardant roofs shall be required on all structures.
7) All fire alarm systems, fire hydrants uishing systems, prinklers, and other syste nent to the
IL be*.suBmitted to the Fir merit for approval
prior to construction.
PASSED, APPROVED AND ADOPTED at a regular meetirig of the
'lanning Commission of the Cit
.he 10th day of April, 1985, by the following vote, to wit:
AYES : Chairman Farrow, Commissioners: Schlehuber,
L' Heureux, Marcus, McFadden, Smith and
Rombotis.
NOES : None.
ABSENT: None.
RBST None.
VERNON J. FARROW, JR., Chairman
CARLSBAD PLANNING COMMISSION
ITTEST :
LAND USE PLANNING MANAGER
PC RES0 NO. 2428 -10-