HomeMy WebLinkAbout1983-02-23; Planning Commission; Resolution 2087I
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PLANNING COMMISSION RESOLUTION NO. 2087
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A TEK
TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERI!
LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETF;
CARLSBAD BOULEVARD AND THE AT & SF RAILROAD.
APPLICANT: SAMMIS PROPERTIES
CASE NO.: CT 82-18/CP-214
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WHEREAS, a verified application for certain proper
wit:
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A portion of the west half of Section 33, Township
12 South, Range 4 West, San Bernardino Base and Me]
in San Diego, CA. "11 has been filed with the City of Carlsbad, and referred to tl
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Planning Commission; and
WHEREAS, said verified application constitutes a rt
as provided by Title 21 of the Carlsbad Municipal Code: and
l4 !/ WHEREAS,? the Planning Commission did, on the 23rd ' 15
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February, 1983, hold a duly noticed public hearing as presc:
law to consider said request: and
WHEREAS, at said public hearing, upon hearing and
l81I considering all testimony and arguments, if any, of all per
19 11 jdesiring to be heard, said Commission considered all factor
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relating to the Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission as follows:
A) That the above recitations are true and correct.
24 B) That based on the evidence presented at the public hea
25 the Commission recommends APPROVAL of CT 82-18/CP-214,
on the following findings and subject to the following
26 conditions:
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The project is consistent with the city's General Plan s
the proposed density of 19.6 du's/acre is within the den
range of 10-20 du's/acre specified for the site as indic the Land Use Element of the General Plan.
The site is physically suitable for the type and density development since the site is adequate in size and shape
accommodate residential development at the density propo
The project is consistent with all city public facility icies and ordinances since:
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a) The Planning Commission hasp by inclusion of an appr
condition to this project, insured that the final ma not be approved unless the City Council finds that s service is available to serve the project. In addit the Planning Commission has added a condition that a 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, and the Planning Commission is SE
that the requirements of the public facilities eleme the General Plan have been met insofar as they apply sewer service for this project.
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b)l School fees will be paid to ensure the availability
school facilities in the Carlsbad Unified school dis
b)2 The Carlsbad School District has written a letter, 1
February 18, 1983, stating that school facilities wj
available to this project.
c) Park-in-lieu fees are required as a condition of apy
d) All necessary public improvements have been providec
will be required as conditions of approval.
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e) Assurances have been given that adequate sewer for t
5) The proposed project is compatible with the surrounding 24
Development Ordinance and also complies with the Design 23 4) The proposed project is consistent with the city's Planr
25 land uses since surrounding properties are designated fc
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project will be provided by the city of Carlsbad.
Guidelines Manual.
residential development on the General Plan.
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6) That all significant impacts have been mitigated, the E has been changed so as to mitigate these impacts, or sc
economic factors exist which override these significant
impacts as described below:
A) Agricultural Resources
Impact: The proposed project would result in the 1
15 acres of agricultural land. Mitigation: Under the County and LAFCO guide the loss of agricultural land is a significar impact. Under the City of Carlsbad Interim
Agricultural Policy, however, it is not. Thc
is overridden by the need for this type of hc
in Carlsbad and by agricultural preservation programs implemented by the Coastal Commissic
B) Traffic Circulation
Impact: Traffic from the project would incur a poi
safety hazard due to the inadequate length of the
southbound ramps at the Carlsbad Boulevard/Ponto DI
interchange.
Mitigation: These ramps will be lengthened ] condition of approval of this tentative map.
C) Archaeological Resources Impact: The project would result in a significant on an identified archaeological site.
Mitigation: A limited testing program folloi
excavation and documentation of the site, if
warranted, will be performed.
D) Air Quality Impact: The project is considered to have an adve.
impact on the attainment of acceptable regional ai: quality based on RAQS population projections presel
effect .
Mitigation: The need to provide appropriate for the City of Carlsbad overrides this impat
E) Hydrology Impact: Potential lagoon sedimentation impacts co result from development of the site. Mitigation: Conditions of approval have bee on this tentative map which will control sed deposit. These include a desiltation basin drainage structures.
F) Biological Resources
Impact: The project includes six tennis courts on lowland flat adjacent to the lagoon which will
significantly affect the nesting habits of two sen
bird species on the site. Mitigation: These six tennis courts have be deleted from the plan.
PC RES0 NO. 2087 .3
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G) Visual Resources
Impact: The project buildings are large in scale a as viewed from Carlsbad Boulevard.
Mitigation: The project has been redesigned
to open up the buildings to allow views throu
avoid the appearance of massive buildings.
Conditions :
1) Approval is granted for CT 82-18/CP-214, as shown on
Exhibit(s) A, B, C, D, E, F, G, and H, dated February S
incorporated by reference and on file in the Land Use E
office. Development shall occur substantially as showr
otherwise noted in these conditions.
2) This project is approved upon the express condition thz
final map shall not be approved unless the City Council
as of the time of such approval that sewer service is i
to serve the subdivision.
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3)
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4)
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This project is approved upon the express condition thi
building permits will not be issued for development of
subject property unless the City Engineer determines tl facilities are available at the time of application fo~ sewer permits and will continue to be available until 1
occupancy. This note shall be placed on the final map
This project is approved upon the express condition thi
applicant shall pay a public facilities fee as require(
Council Policy No. 17, dated April 2, 1982, on file wii
City Clerk and incorporated herein by reference, and ac
to the agreement executed by the applicant for payment
fee, a copy of that agreement, dated February 14, 1983 file with the City Clerk and incorporated herein by re
If said fee is not paid as promised, this application 1
be consistent with the General Plan and approval for t' project shall be void.
20 5) The applicant shall pay park-in-lieu fees to the city,
the approval of the final map as required by Chapter 2 21 the Carlsbad Municipal Code.
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6) The applicant shall provide school fees to mitigate co
of overcrowding as part of building permit application fees shall be based on the fee schedule in effect at t of building permit application.
7) Approval of this request shall not excuse compliance w
sections of the Zoning Ordinance (including height
restrictions) and all other applicable city ordinances effect at time of building permit issuance.
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8) Water shall be provided by the city of Carlsbad unless
other arrangement is approved by the City Council.
PC RES0 NO, 2087 .4
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" ''L 1 and Use Planning "li The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein.
Planning Manager prior to the issuance of building permi 3 site plan shall be submitted to and approved by the Land
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The applicant shall establish a homeowner's association
corresponding covenants, conditions and restrictions. 'I
CC&R's shall include the condition that the open space e area that is within the RD-M zone shall be maintained by
homeowners in perpetuity. Said CC&R's shall be submitte and approved by the Land Use Planning Manager prior to f map approval.
The applicant shall prepare a detailed landscape and iru
plan which shall be submitted to and approved by the Lar Planning Manager prior to the issuance of building permi
A 500' scale map of the subdivision shall be submitted t
Land Use Planning Manager prior to the recordation of tk
map. Said map shall show all lots and streets within ar
adjacent to the project.
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13) All landscaped areas shall be maintained in a healthy ar
14) Any signs proposed for this development shall be designc
15 conformance with the city's Sign Ordinance and shall rec
review and approval of the Land Use Planning Manager prj
16 installation of such signs.
17 15) Trash receptacle areas shall be enclosed by a 6-foot hi? masonry wall with gates pursuant to city standards. Lo(
18 of said receptacles shall be approved by the Land Use PI
Manager.
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thriving condition, free from weeds, trash, and debris.
16) All roof appurtenances, including air conditioners, sha:
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architecturally integrated and shielded from view and tl
satisfaction of the Land Use Planning Manager and Build: buffered from adjacent properties and streets to the
Planning Director.
22 17) Approval of Tentative Tract No. CT 82-18/CP-214 is grani
23 subject to approval of Zone Change ZC-260 and the appro'
the annexation of this property to the City of Carlsbad
24 18) Prior to the issuance of a grading permits, the archaeo.
25 site on the property shall be investigated as recommend1 Pages 3-31 and 3-32 of the Draft Environmental Impact Rl
26 for the site dated September, 1982.
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The aeveloper shall grant an open space easement over tk
portion of the property within the open space zone (Lot
and over the property designated open space easement in
Exhibit aE1'r dated February 9 I 1983. This entire area I
be considered a wildlife preserve, allowing only pedest~
trails, erosion control structures, underground easemenl
view points, as approved by the Land Use Planning Managt
This easement shall be dedicated prior to final map appi
The developer shall construct a meandering walkway alon! western property line from the condominium project to tl
Carlsbad Boulevard bridge over San Marcos Creek. The e;
side of this walkway should be landscape screened to prl pedestrian traffic from interfering with bird nesting 01
lowland flat.
g IlEngineering:
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This subdivision is approved upon the express condition
the final map shall not be approved unless the City Cou: finds as of the time of such approval that sewer servicl available to serve the subdivision.
This project is approved upon the express condition tha building permits will not be issued for development of subject property unless the City Engineer determines th capacity is available at the time of application for su permits and will continue to be available until time of occupancy. This note shall be placed on the final map.
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23) The developer shall obtain a grading permit prior to th
by Section 11.06.170(a) of the Carlsbad Municipal Code. 18 Grading shall be performed under the observation of a c engineer whose responsibility it shall be to coordinate inspection and testing to insure compliance of the work
Engineer and verify compliance with Chapter 11-06 of th
commencement of any clearing or grading of the site.
24) The grading for this project is defined as "controlled
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Carlsbad Municipal Code. 21
the approved grading plan, submit required reports to t
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25) Upon completion of grading, the developer shall insure "as-graded" geologic plan shall be submitted to the Cit Engineer. The plan shall clearly show all the geology exposed by the grading operation, all geologic correcti measures as actually constructed and must be based on a 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 or similar drafting film and shall become a permanent r
27 26) NO grading shall occur outside the limits of the subdiv
the affected properties. 28
unless a letter of permission is obtained from the owne
PC RES0 NO. 2087 6.
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27) Prior to the issuance of a grading permit, the haul rou'
be submitted for review and approved by the City Enginel separate grading plan shall be submitted and approved a separate grading permit issued for the borrow or dispos
if located within the city limits.
28) Additional drainage easements and drainage structures s: provided or installed as may be required by the County Department of Sanitation and Flood Control or the City
neer.
29 1 The developer shall construct desiltationldetention bas
type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation
maintenance agreement and submit a maintenance bond
satisfactory to the City engineer prior to the approval
final map for this project. Each desiltation basin sha
serviced by an all weather access/maintenance road. Th
provisions of this agreement shall apply to any off-sit
sites which may be utilized in the construction of this
as required by the City Engineer.
30) The drainage system shall be designed to ensure that ru
resulting from a 10-year frequency storm of 6 hours or
duration under developed conditions, is equal to or les
the runoff from a storm of the same frequency and durat under existing developed conditions. Both 6 hour and 2 storm durations shall be analyzed to determine the dete basin capacities necessary to accomplish the desired re
31) Avenida Encinas shall be dedicated by the developer alo
subdivision frontage based on a right-of-way width of 8 and in conformance with City of Carlsbad Standards prio occupancy of any buildings.
32) All land and/or easements required by this project shal
granted to the city, without cost to the city, free and of all liens and encumberances.
33) All public streets shall be improved by the developer b
the typical sections shown on the tentative map and in
conformance with City of Carlsbad Standards prior to oc
of any buildings.
34) Avenida Encinas shall be improved by the developer alon
subdivision frontage based on a curb-to-curb face width
feet and in conformance with City of Carlsbad Standards
to occupancy of any buildings.
35) The developer shall install street lights along all pub
frontages in conformance with City of Carlsbad Standard
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1 36) The developer shall install street trees at the equival 40-foot intervals along all public street frontages in
be of a variety selected from the approved Street Tree 2 conformance with City of Carlsbad Standards, The trees
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37) The developer shall install sidewalks along all public
frontages in conformance with City of Carlsbad Standard
to occupancy of any buildings.
38) The developer shall install a wheelchair ramp at the pu
street corner abutting the subdivision in conformance w of Carlsbad Standards prior to occupancy of any buildin
39) The developer shall comply with all the rules, regulati design requirements of the respective sewer and water a regarding services to the project.
9 40) The developer shall re-construct the south bound offram
with City of Carlsbad Standards prior to occupancy of a
and stripping necessary to merge on and off Carlsbad
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buildings. The re-construction shall also include all 11
the south bound onramp to Carlsbad Boulevard in accorda
13 41) If Avenida Encinas is downgraded from a secondary arter a collector the design as shown on the tentative map ma
used. Otherwise the centerline curve radius at the r crossing must be a 550' minimum. 14 I 15
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42) Prior to final map approval, the applicant shall enter agreement with the City of Carlsbad to participate in a oppose the formation of a private or public assessment for the sole purpose of the design and construction of Avenida Encinas bridge crossing over the AT & SF Railrc easement o
1911 43) A temporary turnaround, offset to the north, shall be
I constructed at the easterly terminus of this project. 20
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44 1 The design of all private streets and drainage systems approved by the City Engineer prior to approval of the map. The structural section of all private streets shc conform to City of Carlsbad Standards based on R-value
All private streets and drainage systems shall be inspc
the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the map.
25 45) All private streets and drainage systems shall be maint
shall be clearly stated in the CC&R's. 26
the homeowner's association in perpetuity. This respor
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PC RES0 NO, 2087 8. 28
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46) Approval of this tentative tract map shall expire twent months from the date of City Council approval unless a
map is recorded. An extension may be requested by the
applicant, Said extension shall be approved or denied
discretion of the City Council, In approving an extens
City Council may impose new conditions and may revise E conditions.
Fire Department:
47) Additional public and/or on site fire hydrants shall bt quired if deemed necessary by the Fire Marshall,.
48) The applicant shall submit two (2) copies of a site pli
showing locations of existing and proposed fire hydranl
site roads and drives subject to the approval of the F:
Marshall.
49) An all weather access road shall be maintained through( construction.
50) All required fire hydrants, water mains and appurtenanc
be operational prior to combustible building materials
located on the project site.
51) Proposed security gate systems shall be provided with '
key operated override switch, as specified by the Fire
partment.
52) All private driveways shall be kept clear of parked vel
all times: and shall have posted "NO Parking/Fire Lane
Zone" pursuant to Section 17e04.040, Carlsbad Municipa:
53) Fire retardant roofs shall be required on all structurl
54) All fire alarm systems, fire hydrants, extinguishing s: automatic sprinklers, and other systems pertinent to t project shall be submitted to the Fire Department for prior to construction.
55) Due to the distance of the project from existing fire stations, all structures shall be fully protected by a automatic fire sprinkler system.
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All manufactured slope areas shall be hydroseeded by a
hydroseed mix approved by the Director of Parks and
Recreation.
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PC RES0 NO. 2087 .9
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PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, he
the 23rd day of February, 1983, by the following vote, to w
AYES: Chairman Schlehuber, Commissioners Marcus
NOES : None.
ABSENT: Commissioners Farrow and Friestedt.
ABSTAIN: None .
Rombotis, Jose and Rawlins.
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p&Acgl&!
C ARENCE SCHLEBUBER, Chi
CARLSBAD PLANNING COMMI:
ATTEST:
LAND USE PLANNING MANAGER
PC RES0 NO. 2087 .10