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HomeMy WebLinkAbout1980-07-09; Planning Commission; Resolution 16666 '. -1 0 e I I1 PLANNING COMMISSION RESOLUTION NO. 1666 2 3 4 5 6 A RESOLUTION OF THE 'PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 350 UNIT TENTATIVE TRACT YAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF ALGA ROAD EXTENDED, EAST OF EL FUERTE AVENUE. APPLICANT: ANDEN GROUP CASE NO: CT 80-25/CP-104 7 Ij WHEREAS, a verified application for certain property to, 8 9 A parcel of land being a portion on the south half of Section 19, Township 12 South, Range 3 West, County of San Diego, State of California 10 11 12 has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request 13 ll provided by Title 21 of the Carlsbad Municipal Code; and 14 15 16 17 l8 ' heard, said Commission considered all factors relating to thc WHEREAS, the Planning Commission did, on the 9th day of 1980, hold a duly noticed public hearing as prescribed by alb consider said request; and WHEREAS, at said public hearing, upon hearing and consic all testimony and arguments, if any, of all persons desiring 19 I Tentative Tract Map and Condominium Permit. 20 21 Commission as follows: 22 A) That the above recitations are true and correct. 23 B) That based on the evidence presented at the public hear: 24 25 the Commission recommends APPROVAL of CT 80-25/CP-104, I on the following findings and subject to the following density range of 4-10 dwelling units per acre. because the proposed density does not exceed the allowal 28 consistent with the Land Use Element of the General Plai 1) The proposed Condominium Permit and Tentative Tract Map 27 Findings: 26 conditions: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ,I ', ' /I 0 1 2) The site is physically suitable in size and shape for thi proposed density of development since sufficient public 3 lots are provided without the need for excessive modific, to the site. 2 improvements and adequate amenities necessary to serve a 4 3) The project will not cause any significant adverse envir mental impacts and the Planning Director has issued a 5 Conditional Negative Declaration (Log No. 714, dated Jul I/ 1980). 6 7 // 4) The project meets all public health problems and as such not be injurious to the public's health or welfare. 8 9 5) The project is consistent with all City Public Facility Policies and Ordinances since: 10 11 a) Assurances have been given that adequate sewer for project will be provided by the San Marcos County W District. 12 13 14 15 16 17 18 b) The Planning Commission finds that sewer service is available for this development as of the date of th approval. However, sewer service may be available the future. The Planning Commission has, by inclus of an appropriate condition to this Condominium Per insured that the project will not be approved unles the City Council finds that sewer service is availa to serve the project. Since the project cannot be approved and building permits cannot be issued unle sewer service remains available, the Planning Commi is satisfied that the requirements of the Public Facilities Element of the General Plan have been me insofar as they apply to sewer service for this prc 19 li I c) All necessary public improvements will either be pr or required as conditions of approval. I 20 21 22 23 24 25 26 d) The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilit fee. Performance of that contract and payment of t fee will enable this body to find that all other PC facilities will be available concurrent with need e required by the General Plan. e) School fees will be provided at the time of buildir permits to mitigate the impact of this project on affected school districts. f) Park dedication is required and has been placed as a condition of approval. 27 \I //// 2811 //// PC RES0 #1666 -2- ''r ,d e e 1 Conditions li - 2 3 4 5 6 7 8 1) Approval is granted for CT 80-25/CP-109, as shown on Exhibit(s) A and B, dated 6/30/80, and Exhibits C, D, E, F, dated 6/29/80, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted! in these conditions. 2) This project is approved upon the express condition that building permits will not be issued for developments of the subject property unless the City Engineer determin that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 9 3) 10 I1 12 13 14 15 16 17 4) 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 August 29, 1979, 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 April 24, 1980, is on file with the City Clerk and is 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. 18 11 5, The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditions I 19 i 20 contained herein. Said- site plan- shall be submitted to and approved by the Planning Department prior to the issuance of building permits. 21 irrigation plan which shall be submitted to and approved by the Planning Department prior to final map approval oi 6) The applicant shall prepare a detailed landscape and 22 each phase. 23 24 25 26 27 28 7) 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 Department prior to final map approval. 8) In order to provide for fire protection during the construction period, the applicant shall maintain passable vehicular access to all buildings. In addition adequate fire hydrants with required fire flows shall be installed on and off site as required Sy the Fire Department. : /)PC RES0 #1666 -3- ll '"11 I 2 3 4 5 6 7 e 0 9) The applicant shall install street trees to city spec- ifications at 40 foot intervals along all public street frontages prior to final occupancy of any building, unless otherwise approved by the Planning Director. The variety of said trees shall be subject to the approval of the Planning Director. '10) Land shall be dedicated for park purposes pursuant to Section 21.44 and the existing parks agreement between the City of Carlsbad and the La Costa Land Company dated January 3, 1978. This requirement may be satisfied by existing park credits held by the La Costa Land Company. 8 11) The applicant shall submit a street name list consistent with the city's street naming policy subject to the 9 Planning Director's approval prior to final map approval. 12) The applicant shall provide school fees to mitigate 10 schedule in effect at the time of building permit 11 conditions of overcrowding as part of building permit application. These fees shall be based on the fee 12 // application. 13 designed in conformance with the City's Sign Ordinance 14 and shall require review and approval by the Planning Department prior to installation of such signs. l5 14) A Master Plan of the existing on site plants shall be 16 provided to the Planning Department as part of the final grading plan to determine which trees shall be 17 retained. 18 with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. 13) Any signs proposed for this development shall be 15) Approval of this request shall not excuse compliance 19 I I 2o 11 Development Standards 21 22 23 24 25 26 27 28 I 16) Lot 12 of Phase 1 is approved for 12 units only. The ex. common area designated by shading shall not be barred frc future development at the time sewer becomes available i the developer secures all necessary permits and approval; Further, if this portion is developed at a future date, ( for this future development shall be averaged over the e: site to determine general plan consistency. 17) All units shall be setback a minimum of 35' from the curblines of both Alga Road and Melrose Avenue. Further units located level with Alga Road shall have a 6' sound attenuation wall to serve as a buffer to traffic n generated from Alga Road. Detailed plans and precise locations of said walls shall be incorporated on the lan scape plan and are subject to the approval of the Planni Director. 1) PC RES0 #I666 -4- e 0 1 18) The standards of the RD-p.I zone regarding permitted uses, conditional uses, building height, placement of buildings 3 unless otherwise stated herein or shown otherwise on all approved exhibits. 4 19) All slopes greater than 10' in height shall be irrigated 5 and planted with native shrubs and trees at the curnulati7 rate of 1 plant for every 225 square feet. All other slc 6 shall be irrigated and planted with ground cover per requirements of the Parks and Recreation Director. 7 20) All conditions of SDP 80-7 are incorporated herein by 8 reference and shall be strictly complied with as part of this approval. 9 Environmenta'l' Review 2 and yard requirements shall apply to the subject property lo 11 21) Clearing operations shall occur only immediately prior tc grading activities. All disturbed slopes shall be immed: hydroseeded or otherwise stablized for erosion control immediately upon completion of grading activities. 12 13 as required by the City Engineer on the grading permit. 22) The timing of all grading activities shall be restricted I* 15 23) Drainage facilities shall be constructed concurrent with grading activities. 16 24) Energy conservation measures as stipulated in EIR-307 sh( be included in this project to the maximum extent feasib l7 25) The applicant shall mitigate the impacts on archaeologic' 18 site SDM-W-915 by a controlled sample excavation program through a two phased program as outlined in the supplemental environmental impact report, dated 4/23/80. Said program shall be detailed in a written report to be submitted to and approved by the Planning Director prior 19 20 I shall be preserved whenever possible and indicated on th 22 the issuance of grading permits for the property. I 21 26) The two rare plant species noted in the supplemental Environmental Impact Report (Mesa Clubmoss and Adolphia) 23 detailed landscape and irrigation plan for the project required by CT 80-25/CP-104. 24 11 //// 25 11 //// 26 I/ //// 27 11 //// 28 /I //// PC RES0 #1666 -5- ".I/ e e 1 2 3 4 5 6 7 27) The parcel map covering this site (MS-419) shall be recorc prior to the approval of the final map for this subdivisic Grading 28) A report of a geotechnical investigation and a grading pl; of the site shall be submitted by the applicant to the Cii Engineer for approval prior to the issuance of a grading permit. The report shall be prepared by a civil engineer a geologist licensed by the State of California and exper. in erosion control and slope stability. Recommendations made in the report shall be included on the grading plans 8 9 10 11 12 2 9) l3 14 30) 15 16 17 18 3 1) 19 I The grading for this project shall be designated as contrl grading. A civil engineer and geologist shall observe thl grading and coordinate the testing. If soil or geologic conditions are observed to be different than expected, th shall recommend appropriate remedial measures or changes the plans. At the conclusion of grading they shall prepa an "as-graded" plan showing the grading as performed and the existing geologic conditions and they shall certify t adequacy of the site for development prior to the issuanc of building permits. All cut and fill slopes shall be no steeper than 2 horizc to 1 vertical unless a report of a geotechnical investiga prepared by a civil engineer demonstrates that the slope stability and erosion resistance of a steeper slope are adequate and it is approved by the City Engineer. No slc are permitted within public street right-of-way. To mitigate erosion, all exposed slopes shall be hydrosec seeded or planted immediately upon completion of grading activities. The seed mix shall be designed by an expert the field based on a soil analysis of the slopes per appr of the Parks and Recreation Director. 20 il 32) No grading may be performed during the period of October to'Apri1 15, unless an erosion control plan including 21 /I desiiting basins, etc., is submitted as part of the grading plan and is approved by the City Engineer. 22 23 24 25 26 27 33) Clearing operations shall not be allowed in advance of grading, but rather shall be concurrent with an immediatc proceeding grading activities. A grading permit must be obtained prior to commencement of clearing operations. Clearing shall be limited to the minimum area necessary perform grading operations. 34) No grading shall occur outside the limits of the subdivi unless a letter of permission is obtained from the owner of the affected properties. //// 28 11 //// PC RES0 #1666 -6- ' ** Ij 0 e 1 Private Streets and Drainage 2 3 4 5 35) The design of all private streets and drainage shall be approved by the City Engineer and the standard improvemen plan check and inspection fees shall be paid. The design shall include street lights, curb and gutter storm drain facilities or other features as required by the City Engi The structural section of all private streets shall confc to the City of Carlsbad standards based on R-value tests. f5 36) All private streets and drainage systems shall be maintai by the homeowner's association in perpetuity. This 8 City of Carlsbad. This condition shall be placed in the CC&R' S e 7 condition excludes all drainage easements granted to the 9 10 11 12 13 32) Additional drainage easements and structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control and/or the City Engineer. 38) All concrete terrace drains shall be maintained by the homeowner's association or individual property owner in perpetuity. A statement clearly identifying this 1 responsibility shall be placed in the CC&R'S. l4 11 De'di'c'ations' and 'Improvement ~ of Public Streets l5 39) All public streets shall be dedicated to the City of Car: map is approved for Phase 1. 16 free of all liens and encumbrances at the time the final 17 18 40) 19 I 20 21 22 23 24 4 1) 25 I All public streets except Melrose Avenue shall be improvt according to the City of Carlsbad standards prior to the occupancy of any units in Phase 1 and based on the follol right-of-way widths: Xana Way - full street - 60 feet "A" Street - full street - 60 feet Alga Road - half street - 51 feet Melrose Avenue shall be improved according to the City 0: Carlsbad standards prior to the final acceptance of Phasc the subdivision. If the City Engineer determines that improvements are not necessary at that time, he shall de a subsequent phase to ensure improvements prior to final acceptance of the map for that phase to ensure that said improvements are built in conjunction with improvements ' Melrose to the north. 26 27 421 The intersection of Xana Way with Alga Road shall be Alga Road shall be relinquished and waived on the final 28 coordinated with Street "A" of the Hidden Meadows develo 43) Access rights of all lots abutting Melrose Avenue and IIPC RES0 #1666 - I1 - -1 - >a '. ''* I1 * e 1 2 3 4' 44) The subdivider shall install any missing improvements (su as sidewalks, street trees, etc) along the half street a1 the subdivision frontage on El Fuerte Street and Unicorni Street prior to occupancy of.any units in Phase 1. 1 Reclaimea Wa'ter 5 45) The applicant shall agree to utilize reclaimed water, in Type 1 form, on the subject property in an amount that e? or exceeds the amount of sewage generated by the project 6 otherwise approved by the City Engineer. 7 8 46) 9 10 11 12 13 14 15 47) The applicant shall prepare, to the satisfaction of the E and Recreation Director and the City Engineer, a document outlining proposed methods of "Type 1" reclaimed water us This document shall contain a plant list of salt and droy tolerant vegetation, water absorption rates per plant and the gallons of water per acre needed to accommodate the proposal and a soil-flushing program. The document shall include criteria for operating, maintaining and monitorin the irrigation area and system. This shall be done prior approval of the final map for Phase I. The reclaimed water irrigation system shall be maintained and operated by the San Marcos County Water District consistent with the requirements of the City of Carlsbad, under a contractural agreement with the homeowner's association that is to give the district total assurance they would always have the ability to discharge the effll l6 17 48) Construction of the reclaimed water system shall comply t Title 17 of the California State Administration Code by 18 requiring a water master on the job to monitor pipe connections. Low trajectory sprinklers shall be utilizec and the irrigation rate shall be regulated so that there be no runoff. 19 ! 20 21 construction as required by the Fire Marshall. 22 5-0) Water for fire protection to be in before combustibles a1 23 Fire Safety 49) An all weather access road shall be maintained throughout on building site as required by Fire Marshall. 51) In order to provide for fire protection, adequate fire 24 hydrants with required fire flow shall be installed on a1 25 26 52,) When any portion of a building is in excess of 150' from water supply on a public street, there shall be provided on-site, hydrants and mains capable of supplying the reqi 27 fireflow, when required by the Chief. off site as required by the Fire Marshall. 28 11 //// PC RES0 #1666 -8- -1- - * *:*I1 * a I 1 53) All private driveways shall be kept clear of parked vehic at all times, and shall have posted “No Parking/Fire Lane 2 Tow Away Zone” as per condition in Municipal Code. 3 !X$ Fire retardant roof shall be required on all structures b 4 // Building and Fire Department. 5 of 30 feet to each residence. 6 56) Adequate emergency vehicle turn-arounds shall be provided a cul-de-sac or a hammerhead when driveway is more than 1 55) Brush clearance shall be maintained within a minimum disk 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the 8 feet deep from property line at street. 9 Planning Commission of the City of Carlsbad, California, held lo the 9th day of July, 1980, by the following vote, to wit: 11 12 AYES : Schick, Rombotis, Larson, Friestedt, Marcus, Le€ NOES : None. and Jose. 13 II ABSENT : None. 14 15 16 17 ABSTAIN : None. CARLSBAD PLANNING o ISS: YY 18 11 ATTEST : 23 24 25 I 26 I! 27 28 PC RES0 #1666 -9- It