HomeMy WebLinkAbout1986-06-03; City Council; Resolution 8593L
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RESOLUTION NO. 8593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP (CT 85-21) AND LA COSTA DEVELOPMENT PERMIT
(LCDP 85-3) FOR A 36 LOT/35 UNIT SUBDIVISION
ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF MISION ESTANCIA APPROXIMATELY 280 FEET SOUTH
OF LA COSTA AVENUE.
APPLICANT: PARK VIEW EAST
CASE NO: CT 85-21/LCDP 85-3
WHEREAS, on April 23, 1986 the Carlsbad Planning
Commission adopted Resolution No. 2552 recommending to the City
Council that Tentative Tract Map (CT 85-21) and La Costa
Development Permit (LCDP 85-3) be approved: and
WHEREAS, the City Council of the City of Carlsbad, on
May 20, 1986 held public hearings to consider the recommendation
and heard all persons interested in or opposed to Tentative Trac
Map (CT 85-21) and La Costa Development Permit (LCDP 85-31: and
WHEREAS, said Tentative Tract Map and Development Permi
have been declared to have a nonsignificant impact on the
environment and a Negative Declaration dated November 27, 1985
was prepared and filed on April 23, 1986 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. 2552 constitute the findings of the City Council
in this matter with the addition of the following:
1. Finding (3)(e) is amended to read as follows:
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"(3)(e) The applicant has agreed and is required by th
inclusion of an appropriate condition to pay a public facilities
fee pursuant to City Council Policy No. 17, and other developmen
fees which the Council may adopt pursuant to Ordinance No. 9791.
Performance of the agreements and payment of the public
facilities fee and any other development fees as may be adopted by City Council ordinance or resolution enables this body to fin
that public facilities will be available concurrent with need as
required by the General Plan."
2. Finding 8 is added to read as follows:
"8. The applicant has complied with or is required
as a condition of this approval to comply with all provisions of
City Council Ordinance No. 9791 and with any development
management system or public facilities phasing plans which may
subsequently be adopted by the City Council . If
C. That said Tentative Tract Map, together with the
provisions for its design and improvement and subject to the
conditions of this resolution, is
general and specific plans of the
D. That Tentative Tract
consistent with all applicable
City of Carlsbad.
Map CT 85-21 and La Costa
Development Permit LCDP 85-3 are Liereby approved subject to all
applicable requirements of the Carlsbad Municipal Code and to th
satisfaction of the conditions contained in Planning Commission
Resolution No. 2552 dated April 23, 1986 marked Exhibit A
attached hereto and made a part hereof, with the exception of th
following:
1. Condition No. 3 is amended to read as follows:
"3. This project is approved under the express condition that the applicant pay the public facilities fee
adopted by the City Council on April 22, 1986 and any developmen
fees established by the City Council pursuant to Ordinance No.
9791 or subsequent ordinance adopted to implement a growth or development management system or public facilities phasing plan
and to fulfill the subdivider's agreement to pay the public facilities fee dated June 24, 1985 a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. I'
2. Condition No. 3A is added to read as follows:
"3A. No final map shall be approved for this
subdivision unless at the time of the final map approval the subdivider has complied with the provisions of City Council
Ordinance No. 9791 or any subsequent ordinance adopted by the City Council to implement a growth or development management
system or public facilities phasing plan for the City or of any
growth or development management system or regulation which may
be adopted by popular vote of the citizens of Carlsbad."
3. Condition No. 28 is deleted.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California on the
3rd day of June , 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin and Chick
NOES : Council Member Pettine
ABSENT: None
7\yd4%&&&
ASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerb
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PLANNING COMMISSION RESOLUTION NO. 2552
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MAP AND 35 UNIT LA COSTA DEVELOPMENT PERMIT ON PROPERTY
APPROXIMATELY 280 FEET SOUTH OF LA COSTA AVENUE.
APPLICANT: PARK VIEW EAST
CASE NO: CT 85-21/LCDP 85-3
CARLSBAD, CALIFORNIA, APPROVING a 36 LOT TENTATIVE TRACT
GENERALLY LOCATED ON THE WEST SIDE OF MISION ESTANCIA
~ ~ ~~
WHEREAS, a verified application for certain property, to
wit:
Parcel 4 of Parcel Map No. 13524, City of Carlsbad,
County of San Diego, State of California,
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 23rd day of
April, 1986, 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 Condominium Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission hereby APPROVES CT-85-21/LCDP 85-3, based on
the following findings and subject to the following
conditions:
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Findinas:
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PC RES0
The project is consistent with the City's General Plan since
the proposed density of - 4.4 du's/acre is within the density
range .of 4-8 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
the development since the site is adequate in size and shape to accommodate residential development at 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, 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 condition that a note shall be placed on the final map
that building permits may not be issued for the project
unless the City Engineer determines that sewer service is
available, and building cannot occur within the project
unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the
Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this
project ,
School fees will be paid to ensure the availability of
school facilities in the San Dieguito School District,
Also an existing school agreement between the La Costa
Land Company and the Encinitas School District will
ensure adequacy of elementary school facilities.
The dedication of park land or the payment of park-in- lieu fees pursuant to the La Costa Parks Agreement 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
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,
Assurances have been given that adequate sewer for the
project will be provided by the Leucadia Water District.
NO. 2552 -2-
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The proposed project is consistent with the development standards and regulations of the La Costa Master Plan, the City's Planned Development Ordinance and also complies with
the Design Guidelines Manual.
The proposed project is compatible with the surrounding
future land uses since surrounding properties are designated for residential development and open space on the General Plan.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on November 27, 1985 and approved by the
Planning Commission on April 23, 1986.
This project 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 direct need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are not 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.
Conditions:
1)
4)
PC
Approval is granted for CT 85-21/LCDP 85-3, as shown on
Exhibits "A" - "G", dated December 6, 1985, incorporated by
reference and on file in the Planning Department.
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 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 June 24,
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 dedicate land to be located in Stage Coach Park pursuant to the existing parks agreement between Daon and the City of Carlsbad.
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Prior to the issuance of a grading permit, the applicant shall
coordinate design and construction regarding drainage and walkway improvements with the Stage Coach Park development
plan.
The applicant shall provide school fees to the San Dieguito
School District to mitigate conditions of overcrowding as part
of the building permit application. These fees shall be based
on the fee schedule in effect at the time of building permit application. Also, the applicant shall comply with the requirements of the existing school agreement between the La Costa Land Company and the Encinitas School District.
Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance, the La Costa Master Plan,
and all other applicable City ordinances in effect at time of
building permit issuance.
Water shall be provided by the Olivenhain Municipal Water District.
The applicant shall prepare a 24"x36" reproducible mylar of the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
the Planning Director 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 Planning Director prior to final map approval.
The applic,ant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building
permits, whichever occurs first .
A 500' scale map of the subdivision shall be submitted to the Planning Director 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 Planning Director prior to
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
to Building Department Policy No. 80-6, to the satisfaction of the Planning and Building Directors.
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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 f inal map approval .
The pr.0 ject 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 Planning Director 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 Planning Director.
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 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.
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 Planning Director.
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.
The final map shall include an open space maintenance easement to the Homeowner's Association for maintenance of 2.5:l slopes or greater along the rear of lots 1-14. The aforementioned slopes shall be maintained by the Homeowner's Association.
Prior to the issuance of any building permits, the applicant shall submit detailed cross sections of the pedestrian trails for approval by the Planning Director.
The applicant shall be required to create adequate buffer areas between the residential units and Mision Estancia to the east, to the satisfaction of the Planning Director.
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Prior to the issuance of building permits, the applicant
shall be required to submit to the satisfaction of the
Planning Director, a noise analysis for all units fronting on Mision Estancia.
CCcR's shall contain a provision prohibiting the parking or storage of recreational vehicles onsite. In addition, the applicant shall participate in the design, funding, and location of a permanent RV storage facility in the La Costa area.
Prior to final map approval, a traffic study shall be
prepared to determine the extent of impacts that this project
will have on major streets in the La Costa area, including La
Costa Avenue from El Camino Real to Interstate 5. The study
shall determine a solution to these impacts and the applicant shall agree to perform or to participate in the solution as determined by the City Council. No units shall be occupied in this subdivision until traffic impacts have been
mitigated to the satisfaction of the City Council. The studies which are now being conducted by the City may be used to satisfy this condition if they are completed prior to the
applicant requesting approval of a final map.
Engineering Conditions:
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading for this project is defined as "controlled grad-
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to 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.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any proposed 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. ////
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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.
No grading permits will be issued for this project prior to
final map recordation.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi- neer.
The developer shall pay the current local drainage area fee prior to approval of the final map 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.
The proposed storm drain system from Mision Estancia, is
specifically not approved. The developer shall bore under
Mision Estancia at Via Calendo and connect to the upper reach
of this system. The lower reach shall be plugged and abandoned. Specific alignment of this storm drain shall be in Street "A", "C" and I'D" or as approved by the City Engineer.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of the final map for this project.
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. All land so offerel 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 Mision Estancia shall be waived on the final map.
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Street "A" shall be 36 feet wide from curb to curb.
Streets"B", "C" and "D" shall be 26 feet wide from curb to curb. All streets shall have (five foot) wide sidewalks along both sides of the streets. There shall be a minimum
distance of two feet behind face of curb before slope
encroachment. The horizontal and vertical alignment of all
proposed streets shall comply with minimum standards for cul-
de-sac streets (except widths as mentioned above).
The developer shall design and construct a guardrail along the west side of Mision Estancia adjacent to this project.
This guardrail shall be sufficient in size to deflect a
vehicle travelling 40 mph. away from homes below.
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:
A) The guardrail mentioned previously.
B) All streets shown on the tentative map to serve this
C) All sewer, water, stormdrain, and public utilities to
D) Rip-rap slope protection along the rear of this
subdivision.
serve this subdivision.
subdivision (4-5 ton class).
Improvements listed above shall be constructed within 12
months of final map approval and/or improvement plan approval,
whichever occurs first.
Unless a standards variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
tentative map.
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", 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.
The developer shall install street lights along all public anc
private street frontages in conformance with City of Carlsbad - - - standards . PC RES0 NO. 2552 -8-
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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 the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding .services to the project.
This subdivision shall be constructed entirely in one phase.
The design of all private streets 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 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 for this project.
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.
The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
All plans, specifications, and supportin9 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 signed 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.
//I/
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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 proj ect design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.: I I Telephone:
BY (Name of Engineer) Date:
R.C.E. NO. #
58) Prior to recordation of any final map for this development approval of any grading or building permits for this project, 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.
59) 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.
60) The City Council has determined that in order to accommodate
the traffic on Rancho Santa Fe Road, the developer of projects
in this area must be responsible for the improvement of Rancho Santa Fe Road from La Costa Avenue to the existing Melrose Drive intersection. Prior to final map approval the developer shall submit a proposal satisfactory to the City Council for such improvements. The proposal shall be based on independent traffic analysis accomplished to the satisfaction of the City Engineer. The proposal shall include a time schedule and financing plan for the improvements which may include an assessment district, developer financing, or some alternative acceptable to the City Council. The construction and improvements must be assured either by confirmation of the assessment district secured subdivision improvement agreement, or otherwise guaranteed to the satisfaction of the City Council prior to final map approval. ////
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Before and as a condition of obtaining a final map, or final
development permit or site plan approval under Title 21 of the
Carlsbad Municipal Code, the subdivider shall enter into a
contract with the City whereby the subdivider covenants on
behalf of the subdivider and subdivider's successors in interest to the following:
a) Not opposing and consenting to the formation of a bridge and major thoroughfare district for the southern area of the City.
b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is
located.
c) Payment of the traffic impact fee established pursuant to
Building permits for this project shall not be issued unless
the applicant, as a condition of the building permit complies with the provisions of City Council and Ordinance No. 9791 or any subsequent ordinance or establishing a development
management system, or public facilities financing or phasing programs as referenced in Ordinance No. 9791.
Chapter 18 -42 of the Carlsbad Municipal Code.
If, at time of issuance of building permits for this project, a free right turn on Olivenhain Road at El Camino Real does not exist, the developer shall provide for a minimum 300 foot
long right turn lane at this intersection. This shall be constructed prior to issuance of building permits.
The developer shall1 switch the recreation areaa with lot 8 to
provide a view corridor at the western end of the main entry to the project.
Fire Department Conditions:
65) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
66) 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.
67) An all-weather access road shall be maintained throughout construct ion.
68) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials
being located on the project site.
at all times, and shall have posted "No Parking/Fire Lane-Tow
69) All private streets shall be kept clear of parked vehicles
Zone" pursuant to Section 17.04.040, Carlsbad Municipal emi .
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Fire retardant roofs shall be required on all structures.
Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape
Guidelines Manual.
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.
Parks and Recreation Department Conditions:
73) The sewer line shown entering the northeast portion of Stagecoach Park is specifically Prior to approval of improvement/grading final map for this site, the applicant must receive approval from the Director of Parks & Recreation for any encroachment of
utilities and easements through Stagecoach Park.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 23rd day of April, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Holmes and Hall.
NOES : None.
ABSENT: Commissioner Smith.
ABSTAIN :
CLARENCE SCHLEHUBER, Chairman CARLSRAD PLANNING COMMISSION
ATTEST :
J& MICHAEL J. HOLZMILLER PLANNING DIRECTOR
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