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HomeMy WebLinkAbout1982-05-26; Planning Commission; Resolution 1960P/ =, '. -, 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1960 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 221 LOT TENTATIVE TRACT MAP AND A 211 UNIT PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCAl ON THE NORTH SIDE OF TAMARACK AVENUE, EAST OF SIERN MORENA AVENUE APPLICANT: WOODWARD CASE NO: CT 81 -48/PUD-36 WHEREAS, a verified application for certain propert] wit: All that portion of Lots ''E1' and "I" of Rancho Agua Hedionda according to a partition map thereof No. 8: filed November 16, 1896 has been filed with the city of Carlsbad, and referred to thc Planning Commission; and WHEREAS, said verified application constitutes a rec provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 26th d, May, 1982, hold a duly noticed public hearing as prescribed 1 to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persc desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Planned Unit Develop] NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni: Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public heari Commission recommends APPROVAL of CT 81-48/PUD-36, based following findings and subject to the following conditio Findings: 1) The project is consistent with the city's General Plan the proposed density of 1.7 du's/acre is within the den range of 0-4 du's/acre specified for the site as indica the Land Use Element of the General Plan. I1 I/ > 'IT e 0 1 2) The site is physically suitable for the type and density 2 development since the site is adequate in size and shape 3) The project is consistent with all city public facility 3 accommodate residential development at the density propo icies and ordinances since: 4 5 6 7 8 9 10 11 12 13 a) The Planning Commission has, by inclusion of an appr condition to this project, insured that the final me not be approved unless the City Council finds that E service is available to serve the project. In addit the Planning Commission has added a condition that shall be placed on the final map-that building permi not be issued for the project unless the City Engine determines that sewer service is available, and buil cannot occur within the project unless sewer service remains available, the Planning Commission is satisf that the requirements of the public facilities elemf the General Plan have been met insofar as they apply sewer service for this project. b) Park-in-lieu fees are required as a condition of apF c) All necessary public improvements have been provided will be required as conditions of approval. 14 15 16 17 18 d) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti Performance of that contract and payment of the fee enable this body to find that public facilities will available concurrent with need as required by the Ge Plan. e) Adequate school facilities are available to this prc pursuant to letter from Carlsbad Unified School Dist dated June 15, 1981. 19 project will be provided by the city of Carlsbad. 20 I f) Assurances have been given that adequate sewer for t 21 4) The proposed project is compatible with the surrounding land uses since surrounding properties are designated fc 22 residential development on the General Plan. 23 Enviromental Protection Ordinance have been met. 24 5) An Environmental Impact Report has been certified for tk: project, therefore, all requirements of the Carlsbad 25 IIConditions: 26 27 28 1) Approval is granted for CT 81-48/PUD-36, as shown on Exk ttA1t, dated May 4, 1982, Exhibit "B", dated May 21, 1982, Exhibits "D", "F", "Gut and "H", dated December 7, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as E unless otherwise noted in these conditions. i\PC RES0 NO. 1 960 -2- I. , )1. e a 1 2) This project is approved upon the express condition that final map shall not be approved unless the City Council 2 as of the time of such approval that sewer service is a7 to serve the subdivision. 3 4 3) This project is approved upon the express condition that building permits will not be issued for development of t 5 subject property unless the City Engineer determines tht sewer permits and will continue to be available until t: facilities are available at the time of application for 6 occupancy. This note shall be placed on the final map. 7 8 9 10 11 4) This project is approved upon the express condition thal applicant shall pay a public facilities fee as required Council Policy No. 17, dated August 29, 1979, on file I City Clerk and incorporated herein by reference, and acc to the agreement executed by the applicant for payment c fee a copy of that agreement dated June 15, 1981, is on with the City Clerk and incorporated herein by reference said fee is not paid as promised, this application will consistent with the General Plan and approval for this E shall be void. 12 13 5) The applicant shall pay park-in-lieu fees to the city, E the approval of the final map as required by Chapter 20, the Carlsbad Municipal Code. 14 15 16 17 18 19 I 6) Approval of this request shall not excuse compliance wit sections of the Zoning Ordinance and all other applicabl ordinances in effect at time of building permit issuancc Planning Department 7) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein, site plan shall be submitted to and approved by the Plar Director prior to the issuance of building permits. z0 8) The applicant shall establish a homeowner's association 21 corresponding covenants, conditions and restrictions. S 9) The applicant shall prepare a detailed landscape and irr 22 Department prior to final map approval. CC&R's shall be submitted to and approved by the Plannir 25 10) All landscaped areas shall be maintained in a healthy ar 24 Director prior to the issuance of building permits. plan which shall be submitted to and approved by the P~E 23 27 conformance with the city's Sign Ordinance and shall rec 11) Any signs proposed for this development shall be designc 26 stallation of such signs. review and approval of the Planning Department prior to thriving condition, free from weeds, trash, and debris. 28 PC RES0 NO. 1960- -3- ., , I I, 9 a 0 1 12) All roof appurtenances, including air conditioners, shal architecturally integrated and shielded from view and th 2 buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Dir 3 4 13) The applicant shall submit a street name list consistent subject to the satisfaction of the North County Transit 6 14) The project shall provide bus stop facilities at locatic 5 Director's approval prior to final map approval. the city's street name policy subject to the Planning free from advertising and a pole for the bus stop sign. 7 trict. Said facilities shall at a minimum include a ben detract from the basic architectural theme of the projec 8 bench and pole shall be designed in a manner so as to no Director and North County Transit District. 9 said design shall be subject to the approval of the Plan 10 11 12 13 14 15 16 17 18 19 15) Approval of Tentative Tract No. CT 81-48/PUD-36 is grant subject to approval of Zone Change 245 and to approval o annexation of the property to the city of Carlsbad. 16) Approval of this tentative tract map shall expire twenty months from the date of City Council approval unless a f map is recorded. An extension may be requested by the a plicant. Said extension shall be approved or denied at discretion of the City Council. In approving an extensi City Council may impose new conditions and may revise ex conditions. 17) All slopes shall be maintained in accordance with the maintenance plan (Exhibit T, dated December 8, 1981). S maintenance shall be clearly outlined in the CCbR's. 18) The applicant shall provide RV parking pursuant to the c Planned Development Ordinance standard for RV parking in at the time of the issuance of the first building permit 2o /IEng ineer ing 21 22 23 24 25 26 19) 20 1 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 gl by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a cil engineer whose responsibility it shall be to coordinate : inspection and testing to insure compliance of the work I the approved grading plan, submit required reports to thc Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 27 Il//// 28 lk<//RESO NO. 1 960 -4- .. .> I *I ., . .. 1 II e 1 2 21) 4 3 5 Upon completion of grading, the developer shall insure th "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a c map which represents both the pre and post site grading. plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a rr or similar drafting film and shall become a permanent rec 6 22) No Grading shall occur outside the limits of the subdivis unless a letter of permission is obtained from the owners 7 the affected properties. 8 9 10 11 23) Additional drainage easements and drainage structures sh? provided or installed as may be required by the City Engi 24) The developer shall pay the current local drainage area f prior to approval of the final map or shall construct dra systems in conformance with the Master Drainage Plan and of Carlsbad Standards as required by the City Engineer. 12 granted to city free and clear of all liens and encumbera 13 25) Land for all public streets and easements shown on the te tative map shall be dedicated on the final map and shall 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26) All public streets shall be improved by the developer bas the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to occu of any buildings. 27) The developer shall comply with all the rules, regulation design requirements of the respective sewer and water age regarding services to the project. 28) All concrete terrace drains shall be maintained by the hc owner's association (if on commonly owned property) or th individual property owner (if on an individually owned IC perpetuity. An appropriately worded statement clearly identifying the responsibility shall be placed in the CC& 29) Direct access rights for all lots abutting Tamarack Avenu Pontiac Drive shall be waived and relinquished on the fin map. 30) Prior to the occupancy of any unit within this subdivisio developer shall install a 6 foot chain link fence, or an acceptable alternative, on both sides of the existing con drainage channel, for its entire length along the subdivi boundary. The developer shall also install landscaping a irrigation on the southside of the southerly fence, to sc the fences from view from Tamarack Avenue. The landscape irrigation plan shall be as approved by the Parks and Recreation Director. //// PC RES0 NO. 1960 -5- I1 * ,', '.! . *. -3 , e e 1 2 3 4 5 6 7 8 9 10 11 12 13 31) Water shall be provided by the city of Carlsbad, unless : other arrangement is approved by the City Council. 32) Prior to the issuance of any building permits for any dwc units beyond the first 120 units, the subdivider shall construct a 16' wide all weather temporary fire access r( precise location and design of this road shall be determl the City Engineer and Fire Marshall. 33) The developer shall construct a desiltation basin of a ty and size, and at a location, as approved by the City Engi The developer shall enter into a desiltation basin mainte agreement and submit a maintenance bond satisfactory to t City Engineer prior to the approval of the final map for project. The desiltation basin shall be serviced by an E weather access/maintenance road. 34) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to the approval of the final map. 35) The applicant shall agree to provide for the utilization reclaimed water, in Type 1 form, on the subject property common areas as approved by the City Engineer. 36 1 14 15 16 17 37 1 l8 I 19 I I The reclaimed water irrigation system shall be maintained operated consistent with the requirements of the city of Carlsbad, under a contractual agreement with the homeowne association that is to give the city total assurance that would always have the ability to discharge the effluent. Irrigation systems to accommodate future reclaimed water be designed consistent with Title 17 of the California St Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the install of adequately sized sleeves at crossing points to minimiz street excavation. 20 38) No specific development has been approved for lots 1 and designated "future condominium site" as shown on the tent condominium units within these lots the developer shall the city. A note to this effect shall be clearly stated 21 22 map for this project, Prior to the construction of any process a separate tentative map and condominium permit w 23 25 the homeowner's association in perpetuity. This responsi' 39) All private streets and drainage systems shall be maintai. 24 the final map for this subdivision. resolution and the Environmental Impact Report. 27 consistent with all city codes, other conditions of this 40) Bulk grading of the future condominium site is permitted 26 shall be clearly stated in the CC&R's. 28 PC RES0 NO. 1960 -6- d,.. , (' ; ; . '* I e 0 1 2 3 4 5 6 41) The city has received a request for a reimbursement agree regarding the improvement of Tamarack Avenue which is alr constructed. The City Council has not yet considered thc request and the outcome is not certain. In the event th: reimbursement agreement district is established, the subdivider shall agree to pay the reimbursement amount f( Tamarack Avenue frontage not to exceed 1/2 street width ; the subdivision prior to final map approval for Phase 1. Fire Department 7 // 42) An all weather access road shall be maintained throughout construction. 8 43) 9 10 45) 11 44) 12 13 14 46 1 All required fire hydrants, water mains and appurtenances be operational prior to combustible building materials be located on the project site. Fire retardant roofs are required on all structures. Brush clearance shall be maintained within a minimum dist of 30 feet to each residence. All fire alarm systems, fire hydrants, extinguishing syst automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for app prior to construction. l5 16 47) A fuel break to buffer the units along street L from the natural vegetation shall be developed to the satisfaction the Fire Department. I.7 I1 PASSED, APPROVED AND ADOPTED at a regular meeting of l8 (26th day of May, 1982, by the following vote, to wit: l9 /Planning Commission of the city of Carlsbad, California, held ( I 20 21 22 23 24 25 I AYES: Chairman Farrow: Commissioners Schlehuber, Rombotis, Friestedt and Rawlins NOES: None ABSENT: Commissioners Marcus and Jose ABSTAIN: None &-. .4!fdIL,WdL ,y"\ [ 2 I, &&&A/ 7, Y& \I VERNON J' FARROW, JR. ,VChpirmar cARLsBAD LWNNING COMMISSION 12 .'qPC RES0 NO. 1960 /' -7-