HomeMy WebLinkAbout1985-10-01; City Council; Resolution 81978197 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 77 UNIT
TENTATIVE TRACT MAP (CT 84-33) AND PLANNED UNIT
DEVELOPMENT (PUD-74) ON 11, ACRES ON PROPERTY
GENERALLY LOCATED BETWEEN ELM AVENUE AND HOSP WAY AT THE FOREST STREET STUB.
APPLICANT: VISTA DE LA VALLE CASE NO: CT 84-33/PUD-74.
WHEREAS, on August 28, 1985, the Carlsbad Planning
Commission adopted Resolution No. 2473 recommending to the City
Council that Tentative Tract Map (CT 84-33) and Planned Unit
Development (PUD-74) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
Sepetmber 17, 1985 held a public hearing to consider the
recommendations and heard all persons interested in or opposed tc
Tentative Tract Map (CT 84-33) and Planned Unit Development (PUD-
74); and
WHEREAS, said Tentative Tract Map and Planned Unit
Development have been declared to have a nonsignificant impact or
the environment and a Negative Declaration, dated July 27, 1985,
was prepared, approved and filed by the Planning Commission on
August 28, 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. 2473 constitute the findings of the City Council
in this matter with the exception of the following addition to
Condition 42(e):
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1. Condition 42(e) is amended to read as follows:
"42e. A traffic signal and warning light system at
Forest and Hosp Way. (As determined by the City Engineer). It is Council's intention that if a signal is required and the City determines that other projects in the area contribute to the
need then the City will agree to use its best efforts to obtain
reimbursement for the developer from such projects for their
porportionate share of the signal. I'
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 84-33 and Planned Unit
Development PUD-74 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. 2473 dated August 28, 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
1st day of October , 1985 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, and Chick
NOES: COunCil P43nber Pettine
ABSENT: None
- MARY H.iCASLER, Mayor
ATTEST :
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& ___ .- PLANNING COMMISSION RESOLUTION NO. 2473 .-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 77 UNIT
TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON AN 11-AC-RE SITE BETWEEN ELM
AVEmT3E AND HOSP WAY AT THE FOREST STREET STUB. APPLICANT: VISTA DE LA VALLE CASE NO.: CT 84-33/PUD-74
__ --
WHEREAS, a verified application for certain property to,
wit:
A portion of the northwest quarter of the southwest
quarter of Section 32, Township 11 South, Range 4 West,
San Bernardino Base and Meridian, 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
3s provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 28th day of
qugust, 1985, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
Fonsidering all testimony and arguments, if any, of all persons
hesiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and $lanned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Zommission as follows:
R) That the above recitations are true and correct.
6) .That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 84-33/PUD-74, based on the following findings and subject to the following conditions :
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F ind irig S :
The project is consistent with the City's General Plan since
the proposed density of 7 du's/acre is within the density rang
of 4-10 du's/acre specified for the site as, - indicated on the
-lZVimSle Element of the General Plan.
The site is physically suitable for the type and density of tk: 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:
The Planning Commission has, by inclusion of an appropriat condition to this project, ensured 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 mal 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 satisf ic 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.
The Carlsbad School District has written a letter, dated
August 30, 1984, stating that school facilities will be available to this project.
Park-in-lieu fees are required as a condition of approval,
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 fec
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 consistent with the City's Planned
Development Ordinance and also complies with the Design
Guidelines Manual .
The proposed project is compatible with the surrounding futurl land uses since surrounding properties are designated for residential development on the General Plan.
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PC RES0 NO. 2473 -2-
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5) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 27, 1985 and approved by the
Planning Commission on August 28, 1985.
7) ---Ttmmject requires the construction of -the improvements or
facilities listed in the conditions of approval or the payment
of fees in lieu of construction. This project creates a direc need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are no
provided the project will create an unmitigated burden on
existing improvements and facilities. Further, the improvements and facilities are necessary to provide safe, adequate and appropriate service to future residents of the project consistent with City goals, policies and plans.
Z,ond it ions :
Approval is granted for CT 84-33/PUD-74, as shown on Exhibits
"An - n~n , dated August 21, 1985, incorporated by reference an
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 availabl 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 sewc
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 Cit 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 sait fee, a copy of that agreement, dated August 29, 1984, 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 t
the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate conditions
of overcrowding as part of building permit application. These fees shall.be based on the fee schedule in effect at the time of building permit application.
RES0 NO. 2473 / -3- ,o
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1) ApproxzaLof 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.
I) Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
- ---Re&-r District, dated May 25, 1983. - '
Jand Use Planning:
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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
correspondinq covenants, conditions and restrictions. Said
CCbR's shall be submitted to and approved by the Land Use
Planning Manager prior to final map approval.
The final map shall include an open space maintenance easement
to the Homeowners Association for maintenance of all open space/recreation areas, parking areas, and manufactured slopes.
The applicant shall prepare a detailed landscape and irrigatioi
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
A 500' scale map of the subdivision shall be submitted to the
Land Use Planning Manager prior to the recordation of the fina: 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.
A uniform sign program for this development shall be submitted
to the Land Use Planning Manager for his review and approval
prior to occupancy of any building.
Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards.
of said receptacles shall be approved by the Land Use Planning
Manager.
Location
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18) All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of
the Land use Planning Manager and Building and Planning
-- ---D-tr€Fe€uu . -'
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 developer shall display a current Zoning and Land Use Map
in the sales office at all times, and/or suitable alternative to the satisfaction of the Land Use Planning Manager.
All sales maps that are distributed or made available to the
public shall include but not be limited to trails, future and
existing schools, parks, and streets.
Building identification and/or addresses shall be placed on a1 new and existing buildings so as to be plainly visible from tk street or access road; color of identification and/or address(
shall contrast to their background color.
Prior to occupancy of any units, the applicant shall construct
a directory sign at the entrance to the project. The design c this sign shall be approved by the Land Use Planning Manager.
If any condition for construction of any public improvements (
facilities, or the payment of any fees in lieu thereof, impose 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 unlesi
the City Council determines that the project without the
condition complies with all requirements of law.
All retaining walls required on the property shall be designec and constructed in a crib fashion and shall be appropriately landscaped to the satisfaction of the Land Use Planning Manager. All crib wall planting shall be properly maintained and shall be the responsibility of the homeowner's associatioi
The CC&R's shall state this clearly.
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27) AJ.1 parking stalls fronting on public or private streets shall
include adequate landscaping and/or berming treatments to buffer them from onstreet views.
28) CC&R's shall contain a provision prohibiting the parking or
storage of recreational vehicles within the boundaries of the
_- -prr)SfmL-. -'
mu i neer ins :
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 ensure 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.
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.
Prior to hauling dirt or construction materials to any propose construction site within this project the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all
conditions and requirements the City Engineer may impose with regards to the hauling operation.
All slopes within this project shall be no steeper than 2: 1.
The developer shall exercise special care during the
construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/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 through cash deposit and bonding in amounts and types suitable to the City Engineer.
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36) 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
37 )----Tk--loper 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 th City Engineer.
The owner of the subject property shall execute a hold harmles
agreement regarding drainage across the adjacent property pric to approval of the final map for this project.
Prior to final map approval a comprehensive drainage plan
shall be submitted to and approved by the City Engineer.
Additional structures may be required.
The developer shall make an offer of dedication to the City fc 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 Forest Street,
except as shown on tentative map shall be waived on the final
map.
Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the Citl Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriatc
security as provided by law, improvements shown on the tentative map and the following improvements to City Standard: to the satisfaction of the City Engineer:
a) Forest Street: Full width from its easterly terminus, thru this subdivision as shown on the tentative map.
b) Private Street "A" and Driveway "B" as shown on the
tentative map.
c) Complete storm drain facilities (the system shown on the
tentative map is specifically not approved)
d) Sewer, and water systems to serve this subdivision. e) A traffic signal and warning light system, at Forest and Hosp Way. (As determined by the City Engineer).
The improvements mentioned above shall be constructed within
12 months after final map approval.
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$3) U*less--st-standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this tentative map.
$4) The developer shall construct private street accesses to public
streets in such a way as to clearly designat#e that the private
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
be capital letters of a size and contrast such as to be
readable for a normally sighted person at a distance of 20
feet. The provisions of this condition shall be met to the
satisfaction of the City Engineer prior to issuance of a
Certificate of Occupancy for any portion of this project.
---streKs-are not a portion of the public street system. The
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, driveways and drainage
systems shall be approved by the City Engineer prior to approval of the final map for this project. The structural section of all private streets shall conform to City of
Carlsbad Standards based on R-value tests. All private street! 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 for this project.
All private driveways shall be kept clear of parked vehicles a all times, and shall have posted "No Parking/Fire Lane Tow Awa: Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
Some improvements shown on the Tentative Map and/or required b these conditions are located offsite on property which neither
the City nor the subdivider has sufficient title or interest tl permit the improvements to be made without acquisition of tit11 or interest. The subdivider shall conform to Section 20.16.09
of the Carlsbad Municipal Code.
All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the
Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signe and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent .with current standards.
PC RES0 NO. 2473 -8-
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f understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a revie\ 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)
The developer shall provide the City with a reproducible mylai
copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the conditions 0:
approval by the City. The map shall be submitted to the City
Engineer prior to improvement plan submittal.
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, +2
City Council may impose new conditions and may revise existin1
conditions.
No lot within this subdivision shall be further subdivided, a
note clearly stating this shall be placed on the final map.
Fire Department:
53) Additional public and/or onsite fire hydrants shall be provid if deemed necessary by the Fire Marshal.
54) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
55) An all-weather access road shall be maintained throughout construction.
56) All required fire hydrants, water mains and appurtenances shal
be operational prior to combustible building materials being located on the project site.
57) Fire retardant roofs shall be required on all structures.
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i8) Bfush-c-cle-arance shall be maintained according to the
specifications contained in the City of Carlsbad Landscape Guidelines Manual.
i9) 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
?lanning Commission of the City of Carlsbad, California, held on
:he 28th day of August, 1985, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: Marcus, McFadden, Smith ti Rombotis.
NOES: Commissioners: L’Heureux & Hall.
ABSENT : None.
ABSTAIN: None.
‘\ @L&&”,s?-
CLARENCE SCHLBHUBER, Chairman CARLSBAD PLANNING COMMISSION
RTTEST :
MICHAEL J. LAND USE PLANNING ~AGER
PC RES0 NO. 2473 -10-