HomeMy WebLinkAbout1980-07-09; Planning Commission; Resolution 16666
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I I1 PLANNING COMMISSION RESOLUTION NO. 1666
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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,
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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
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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
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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
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Tentative Tract Map and Condominium Permit. 20
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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
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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
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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.
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5) The project is consistent with all City Public Facility Policies and Ordinances since:
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a) Assurances have been given that adequate sewer for
project will be provided by the San Marcos County W
District.
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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
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or required as conditions of approval. I
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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.
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1 Conditions li -
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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.
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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
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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.
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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
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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
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13 designed in conformance with the City's Sign Ordinance
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Department prior to installation of such signs.
l5 14) A Master Plan of the existing on site plants shall be
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final grading plan to determine which trees shall be
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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
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2o 11 Development Standards
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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.
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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
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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
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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
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shall be preserved whenever possible and indicated on th 22
the issuance of grading permits for the property.
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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.
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PC RES0 #1666 -5-
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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
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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.
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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. ////
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1 Private Streets and Drainage
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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
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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
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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.
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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
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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.
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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
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48) Construction of the reclaimed water system shall comply t Title 17 of the California State Administration Code by
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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 !
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21 construction as required by the Fire Marshall.
22 5-0) Water for fire protection to be in before combustibles a1
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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
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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.
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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
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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:
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AYES : Schick, Rombotis, Larson, Friestedt, Marcus, Le€
NOES : None.
and Jose.
13 II ABSENT : None.
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ABSTAIN : None.
CARLSBAD PLANNING o ISS: YY
18 11 ATTEST :
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