HomeMy WebLinkAbout1982-06-23; Planning Commission; Resolution 19781- e ,e
1 PLANNING COMMISSION RESOLUTION NO. 1978
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 260 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON 27.599 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND PASEO DEL NORTE IN THE P.C. ZONE APPLICANT: PACESETTER CASE NO: CT 81-30/CP-174
WHEREAS, a verified application for certain property to,
wit:
A portion of CT 73-23, Map No. 8081, County of San Diego,
filed February 28, 1975
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ha5 been filed with the city of Carlsbad, and referred to the
Planning Commission; and
I.2 ii WHEREAS, said verified application constitutes a request
131iprovided by Title 21 of the Carlsbad Municipal Code; and
14 11 WHEREAS, the Planning Commission did, on the 23rd day of
15(1June, 1982, hold a duly noticed public hearing as prescribed k
l61llaw to consider said request; and
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WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all person
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Condominium Permit. 2o I
21 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:
A) That the above recitations are true and correct.
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25 the Commission recommends APPROVAL of CT 81-30/CP-174 to the City Council.
B) That based on the evidence presented at the public hearinc
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based on the following findings and subject to the following conditions:
Findings:
1) The project is consistent with the city's General Plan sj the proposed density of 9.4 du's/acre is within the dens!
range of 4-10 du's/acre specified for the site as indicat on the Land Use Element of the General Plan and can be justified for the following reasons:
a) The project is comprehensively designed taking into
account the site's topographical features,
Specifically, the units are designed to maximize vie
to the west and east. These views are considered a
design amenity over and above that required by the
Condominium Ordinance.
b) The project provides recreation area in excess of tb required by the Condominium Ordinance.
2) The site is physically suitable for the type and density
the development since the site is adequate in size and sh
to accommodate residential development at the density prc posed.
3) The project is consistent with all city public facility E: icies and ordinances since:
a) The Planning Commission has, by inclusion of an appro ate condition to this project, insured that the final will not be approved unless the City Council finds th sewer service is available to serve the project. In ition, the Planning Commission has added a condition that a note shall be placed on the final map that bui ing permits may not be issued for the project unless
City Engineer determines that sewer service is availa
and building cannot occur within the project unless s
service remains available, the Planning Commission is satisfied that the requirements of the public facilit
element of the General Plan have been met insofar as
apply to sewer service for this project.
b) School facilities will be available in the Carlsbad
School District pursuant to a letter from that distril
dated December 9, 1981.
c) Park-in-lieu fees are required as a condition of ap- proval.
d) All necessary public improvements have been provided 1 will be required as conditions of approval.
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4)
e) The applicant has agreed and is required by the inclu
of an appropriate condition to pay a public facilitie
fee. Performance of that contract and payment of the
will enable this body to find that public facilities
be available concurrent with need as required by the
era1 Plan.
f) Assurances have been given that adequate sewer for thc
project will be provided by the city of Carlsbad.
The proposed project is compatible with the surrounding future land uses since surrounding properties are
designated for residential development on the General P1(
This project, as conditioned, will not cause any signifil environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on February 4, 1982 and approved by the Planning Commission
June 23, 1982.
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6) None of the improvements required to be made by Carlsbad Tract No. 73-23 have been made. All pubic sewer, utilitl drainage and access easements shown on the final map for Carlsbad Tract No. 73-23 will be superseded by the
requirements for improvements and dedications of this approval and are therefore unnecessary for present or future public purposes.
15 /i 7) No lots shown on Carlsbad Tract No. 73-23 have been conveyed or recorded.
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All previously paid fees and deposits, except for processing fees, for Carlsbad Tract No. 73-23 are unnecessary to accomplish the purposes of Title 21 and IT be returned to the developer. However, developer shall E all fees required by this approval. All previous
improvement securities for Carlsbad Tract No. 73-23 will
replaced by improvement securities for this approval and are therefore unnecessary and may be released. Return of
fees or release of securities shall occur upon recordatic
of the final map for this project (CT 81-30).
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General Conditions: 23
Cond it ions :
24 1) Approval is granted for CT 81-30/CP-174, as shown on Exhib
A and B, dated June 18, 1982 and Exhibits D-F, dated June
25 1982, incorporated by reference and on file in the Plannin Department. Development shall occur substantially as sho
26 unless otherwise noted in these conditions.
27 2) This project is approved upon the express condition that t
final map shall not be approved unless the City.Counci1 f+
28 as of the time of such approval that sewer servlce is aval able to serve the subdivision.
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3) This project is approved upon the express condition that
building permits will not be issued for development of thc subject property unless the City Engineer determines that sewer facilities are available at the time of application
such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the fina'
map.
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This project is approved upon the express condition that
applicant shall pay a public facilities fee as required b:
City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference,
according to the agreement executed by the applicant for I
ment of said fee a copy of that agreement dated June 15, ' 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 i approval for this project shall be void.
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5) The applicant shall pay park-in-lieu fees to the city, pr: to the approval of the final map as required by Chapter 2(
of the Carlsbad Municipal Code.
6) Approval of this request shall not excuse compliance with sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issui
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7) The applicant shall submit a detailed recreation plan
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passive recreation areas as shown on Exhibit B. Said pl;
indicating the recreation facilities to be placed in the
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8) All parking spaces shall be set back a minimum of 10 feet l8
prior to the issuance of any building permits. shall be submitted to and approved by the Planning Direct
9) The applicant shall submit a detailed plan indicating thf 20
Planning Department:
from any property lines adjacent to a public street.
location and amount of storage space to be provided for
the Planning Director prior to the issuance of any build: 21
permits. 22
each unit. This plan shall be subject to the approval ol
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11) Any signs proposed for this development shall be designed 24
10) All landscaped areas shall be maintained in a healthy and
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thriving condition, free from weeds, trash, and debris.
in conformance with the city's Sign Ordinance and shall
require review and approval of the Planning Department
prior to installation of such signs.
masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Director.
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13) All roof appurtenances, including air conditioners, shal: be architecturally integrated and shielded from view and
the sound buffered from adjacent properties and streets the satisfaction of the Planning Department and Building Director.
14) The applicant shall submit a street name list consistent
with the city's street name policy subject to the Plannil Director's approval prior to final map approval. I 1 15) Approval of this tentative tract map shall expire twenty, four months from the date of City Council approval unles final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denit at the discretion of the City Council. In approving an
extension, the City Council may impose new conditions ant may revise existing conditions.
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Eng ineer ing :
16) The developer shall obtain a grading permit prior to the
mencement of any clearing or grading of the site.
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17) The grading for this project is defined as "controlled gr ing" by Section 11.06.170(a) of the Carlsbad Municipal Cor Grading shall be performed under the observation of a civ engineer whose responsibility it shall be to coordinate s inspection and testing to insure compliance of the work w
the approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 11.06 of Carlsbad Municipal Code.
18) No grading shall occur outside the limits of the subdivi unless a letter of permission is obtained from the owner
the affected properties.
19) Additional drainage easements and drainage structures sh
be provided or installed as may be required by the Count
Department of Sanitation and Flood Control or the City E neer.
20) Land for all public streets and easements shown on the t tative map shall be dedicated on the final map and shall granted to city free and clear of all liens and encumber ances.
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21) All land and/or easements required by this project shall
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on the typical sections shown on the tentative map and i
22) All public streets shall be improved by the developer ba 26
pancy of any buildings.
conformance with City of Carlsbad Standards prior to occ
granted to the city, without cost to the city, free and
clear of all liens and encumberances.
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The developer shall install street lights along all publ: and private street frontages in conformance with City of Carlsbad Standards.
The developer shall comply with all the rules, regulatio~ and design requirements of the respective sewer and watel agencies regarding services to the project.
All private streets and drainage systems shall be mainta
by the homeowner's association in perpetuity. This respc sibility shall be clearly stated in the CC&R's,
All concrete terrace drains shall be maintained by the hl owner's association (if on commonly owned property) or t:
individual property owner (if on an individually owned 11
perpetuity. An appropriately worded statement clearly
identifying the responsibility shall be placed in the CC
Direct access rights for all lots abutting Poinsettia La' Paseo del Norte and Camino de Las Ondas shall be waived 1 the final map. Dedications for Poinsettia Lane, Paseo d Norte and Camino de Las Ondas as shown on Carlsbad Trac 73-23 shall be retained by city except as otherwise specifically shown on the final map for this project (CT
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Prior to the approval of the final map the subdivider sh submit a detailed set of hydrology calculations for the
subdivision prepared by a registered Civil Engineer. Up
review of these calculations, the City Engineer may requ that the storm drain located at the corner of Poinsettia and Paseo del Norte be extended north along Paseo del No
"B" Street.
The developer shall construct a secondary access road fr
project to the intersection of Lagoon Lane and Poinsetti Lane prior to the construction of any units within the P area. The access road shall have a minimum 28-foot wide section within a publicly dedicated easement along an alignment as shown on the tentative map. Plans for construction and secured agreements for this improvement
be submitted to and approved by the city prior to the
recordation of the final map.
The developer shall install a desiltation basin within a adequate easement and designed to the satisfaction of th County Department of Sanitation and Flood Control and th Engineer at the low end of the drainage improvements on
east half of the grading activities for the project.
The developer shall post a separate grading and erosion control bond for the construction and maintenance of the desiltation basin. Upon acceptance of the public improv
for this subdivision, the bond shall be reduced .to a sufficient amount as determined by the City Engineer for
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continued maintenance and eventual removal of the
desiltation basin. This bond shall be retained by the c:
until such time as the City Engineer determines the slop( have been satisfactorily stabilized and the basin is
removed.
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32) The developer shall enter into a secured agreement for
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one-eighth of the cost of the installation of the traffic signal at the intersection of Poinsettia Lane and Lagoon
This secured agreement shall be submitted to and approve(
the city prior to the approval of the final map.
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The developer shall install half street improvements, including a raised median, on Poinsettia Lane for all pu right-of-ways adjacent to the subdivision in accordance city standards and based upon a centerline to curb width
follows: 41 feet for Poinsettia Lane, 32 feet for Paseo Norte, and 32 feet for Camino de las Ondas.
The developer shall agree to financially participate in study to be jointly funded by all developers and owners area prior to final map approval. The purpose of the st
will be to:
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1) Determine the bridge and bridge approach requirement for Poinsettia Lane structures over Interstate 5 and
the AT&SF Railroad; and
2) To determine a method of financing area of benefit i proportional share of cost required from each proper owner
17 35) The developer shall agree to participate in a financing
1-5. To this end, the developer shall sign an appropri: 18
and pay a pro rata share of cost of the Poinsettia bridc
agreement in a form acceptable to the city prior to fin<
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20 36) The applicant shall agree to utilize reclaimed water, ir
I form, on the subject property in all common areas as
21 approved by the City Engineer.
22 37) The reclaimed water irrigation system shall be maintaint
Carlsbad, under a contractural agreement with the homeo 23
operated consistent with the requirements of the City o
association that is to give the city total assurance th
24 would always have the ability to discharge the effluent
25 38) Irrigation systems to accommodate future reclaimed wate
26 Admin Code. Off site future reclaimed water distributi
27 adequately sized sleeves at crossing points to minimize
be designed consistent with Title 17 of the California
systems should be anticipated by the installation of
excavation.
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Fire Department:
39) The applicant shall install an automatic fire sprinkler :
in all the buildings subject to the approval of the Fire Marshall prior to final occupancy of any units. This
requirement may be waived if a satisfactory alternative
approved by the Fire Marshall.
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construction.
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41) At the time of construction of a phase, all required fir
hydrants, water mains and appurtenances shall be operatil
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within that phase prior to combustible building material being located on the project site subject to the approva
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the Fire Marshall.
42) All private driveways shall be kept clear of parked vehi
at all times, and shall have posted, "NO Parking/Fire La
Away Zone", pursuant to Section 17.04.040, Carlsbad Muni
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13 44) All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to the
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prior to construction.
l5 45) Building exceeding 10,000 square feet aggregate floor ar
16 shall be sprinklered or four-hour fire walls with no ope therein shall split the building into 10,000 square feet
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18 I/ Parks and Recreation:
19 ' median islands shall comply with the Parks and Recreatio 46) All landscaping along Poinsettia Lane and along any pub1
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Recreation Director prior to the issuance of any buildin 21
Department's theme streetscape policy. Plans for said 1
scaping shall be submitted to and approved by the Parks
permits.
22 47) The applicant shall install a city entry sign pursuant t
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Parks and Recreation theme streetscape policy prior to f
48) All parking areas shall be screened from public right-of
25 using a combination of landscaping and ferming subject t
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occupancy of any units.
approval of the Parks and Recreation Director.
49) Lots 100 and 101 as shown on Carlsbad Tract No. 73-23 sh be designated as a remainder parcel on the final map. E
for street, utility or drainage improvements, no develog shall occur on the remainder parcel until it is further subdivided. A note stating this restriction shall be PI on the final map.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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ning Commission of the City of Carlsbad, California, held on t
23rd day of June, 1982, by the following vote, to wit:
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AYES: Chairman Farrow, Commissioners Marcus, Rombotis
NOES: None. Schlehuber, Jose and Friestedt,
6 ABSENT: Commissioner Rawlins.
7 ABSTAIN: None ,
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d!!L*+ VERNON\J. FA ROW, J . , Chai
CARLSBALJ@INING COWSSIC
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CARLSBAD PLANNING COMMISSION l5
ATTEST :
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