HomeMy WebLinkAbout1984-03-14; Planning Commission; Resolution 2255, .* 0 0
1 /I PLANNING COMMISSION RESOLUTION NO. 2255
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA, APPROVING A THIRTY-SIX LOT TE'
TRACT MAP AND PLANNED UNIT DEVELOPMENT ON 10.5 ACRE
LOCATED IMMEDIATELY EAST OF EDINBURGH DRIVE, BETWEE
ABERDEEN COURT AND GATESHEAD ROAD.
APPLICANT: CALAVERA HILLS ESTATES,
CASE NO.: CT 84-1/PUD-66
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WHEREAS, a verified application for certain propert
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Lot 141 of Carlsbad Tract No. 76-12 in the City of
Carlsbad, County of San Diego, State of California,
according to Map thereof No. 9935, filed in the Off
the County Recorder of San Diego County on December
1980.
has been filed with the City of Carlsbad, and referred to th
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Planning Commission; and
relating to the Tentative Tract Map and Planned Unit Develop 21
desiring to be heard, said Commission considered all factors 2o
considering all testimony and arguments, if any, of all pers l9
WHEREAS, at said public hearing, upon hearing and 18
law to consider said request; and l7
March, 1984, hold a duly noticed public hearing as prescriber l6
WHEREAS, the Planning Commission did, on the 14th d( 15
as provided by Title 21 of the Carlsbad Municipal Code; and I*
WHEREAS, said verified application constitutes a re
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
Commission as follows:
24 A) That the above recitations are true and correct.
25 B) That based on the evidence presented at the public hear
the Commission hereby APPROVES CT 84-1/PUD-66, based on 26 following findings and subject to the following conditil
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1 /I Findings:
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1) The project is consistent with the City's general plan
the proposed density of 3.4 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.
2) The site is physically suitable for the type and densit
development since the site is adequate in size and shap
accommodate residential development at the density prop
3) The project is consistent with all City public facility 711 icies and ordinances since:
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a) The Planning Commission has, by inclusion of an app
condition to this project, insured that the final m not be approved unless the City Council finds that service is available to serve the project. In addi
the Planning Commission has added a condition that
shall be placed on the final map that building perm not be issued for the project unless the City Engin determines that sewer service is available, and bui cannot occur within the project unless sewer servic remains available, and the Planning Commission is s that the requirements of the public facilities elem
the general plan have been met insofar as they appl sewer service for this project.
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b) The Carlsbad/San Marcos School District has written
17 c) Park-in-lieu fees are required as a condition of ap
letter, dated January 4, 1984, stating that school
facilities will be available to this project.
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d) All necessary public improvements have been provide
will be required as conditions of approval.
e) The applicant has agreed and is required by the inc
of an appropriate condition to pay a public facilit
Performance of that contract and payment of the fee
enable this body to find that public facilities wil
available concurrent with need as required by the g plan.
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4) The proposed project is consistent with the City's Plan
Development Ordinance and also complies with the Design
5) The proposed project is compatible with the surrounding 25
Guidelines Manual.
land uses since surrounding properties are designated f 26 residential development on the general plan.
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6) This project will not cause any significant environment;
impacts and a Negative Declaration has been issued by tl Use Planning Manager on February 22, 1984 and approved
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4 Hills Master Plan as stated in the staff report.
Planning Commission on March 14, 1984.
7) The project complies with all requirements of the Calavl
5 /I Conditions:
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1 ) Approval is granted for CT 84-1/PUD-66, as shown on Exh
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on file in the Land Use Planning Office. Development s
"G", dated March 14 , 1984, incorporated by refere
occur substantially as shown unless otherwise noted in
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2) This project is approved upon the express condition tha 9
conditions.
3) This project is approved upon the express condition tha 12
to serve the subdivision. 11
as of the time of such approval that sewer service is a
final map shall not be approved unless the City Council
sewer permits and will continue to be available until t 14
facilities are available at the time of application for
subject property unless the City Engineer determines th 13
building permits will not be issued for development of
occupancy. This note shall be placed on the final map.
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4) This project is approved upon the express condition tha
applicant shall pay a public facilities fee as required
Council Policy No. 17, dated April 2, 1982, on file wit 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 January 5, 1984, i
file with the City Clerk and incorporated herein by ref If said fee is not paid as promised, this application
be consistent with the General Plan and approval for th
project shall be void.
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5) The applicant shall pay park-in-lieu fees to the City,
the approval of the final map as required by Chapter 20 the Carlsbad Municipal Code.
6) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicak
ordinances in effect at time of building permit issuanc
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The City is defending two lawsuits which seek to collect
damages and reimbursement for the cost of constructing
Tamarack Avenue from El Camino Real to the boundaries 01
Lake Calavera Hills master plan area (MP-l50(A)) as suck
boundaries existed prior to the amendment made by Mastel
Amendment, 150(D). The City believes these cases are wl
merit and that no damages or reimbursements are owed. However, if reimbursement or damages are ordered, awarde established, this applicant as the owner of property
benefitted by the road, prior to obtaining a final map f subject property, shall execute an agreement with the Ci whereby the applicant covenants to pay its proportinate of any reimbursement or damages, ordered, awarded, or established as a result of these or other similar lawsui
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10 site plan incorporating the conditions contained herein.
11 site plan shall be submitted to and approved by the Land
Planning Manager prior to the issuance of building permi
I.2 9) The applicant shall establish a homeowner's association
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15 IO) The applicant shall prepare a detailed landscape and irr plan which shall be submitted to and approved by the Lan
16 Planning Manager prior to the issuance of building permi
17 11) All landscaped areas shall be maintained in a healthy an'
I.8 12) Any signs proposed for this development shall be designe
19 conformance with the City's Sign Ordinance and shall req
review and approval of the Land Use Planning Manager pri
20 installation of such signs,
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Land Use Planning Office
8) The applicant shall prepare a reproducible mylar of the
corresponding covenants, conditions and restrictions. S
CC&R's shall be submitted to and approved by the Land Us Planning Manager prior to final map approval.
thriving condition, free from weeds, trash, and debris.
13) All roof appurtenances, including air conditioners, shal.
architecturally integrated and shielded from view and thc buffered from adjacent properties and streets, pursuant Building Department Policy No. 80-6, to the satisfaction Land Use Planning Manager and Building and Planning Dire1
14) The applicant shall submit a street name list consistent
the City's street name policy subject to the Land Use PlI
Manager's approval prior to final map approval ,
Engineering
15) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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16) The grading for this project is defined as "controlled g
by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a ci engineer whose responsibility it shall be to coordinate inspection and testing to insure compliance of the work
the approved grading plan, submit required reports to th
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
17) Upon completion of grading, the developer shall insure t
"as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology E
exposed by the grading operation, all geologic correctiv 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 re
11 18) No grading shall occur outside the limits of the subdivi unless a letter of permission is obtained from the owner
12 the affected properties.
13 19) All slopes within this project shall be no steeper than
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provided or installed as may be required by the County
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neer.
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21 ) The developer shall pay the current local drainage area
prior to approval of the final map or shall construct dl
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systems in confor-ance with the Master Drainage Plan anc
of Carlsbad Standards as required by the City Engineer.
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- /I I 22) The developer shall construct desiltation/detention bas: type and size and at locations as approved by the City
3 maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval
4 final map for this project. Each desiltation basin sha:
serviced by an all weather access/maintenance road. Thc
2 Engineer. The developer shall enter into a desiltation
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provisions- of this agreement shall apply to any off-sitt
sites which may be utilized in the construction of this
as required by the City Engineer. The developer shall 1
erosion control measures and shall construct temporary
desiltation/detention basins of a type and size and at locations as approved by the City Engineer. The basins erosion control measures shall be shown and specified 01
grading plan and shall be constructed to the satisfactic the City Engineer prior to the start of any other gradi~ operations. Prior to the removal of any basins or faci:
so constructed the area served shall be protected by adc
drainage facilities, slope erosion control measures and methods required or approved by the City Engineer. the
developer shall maintain the temporary basins and erosic
control measures and shall guarantee their maintenance
cash deposit and bonding in amounts and types suitable
City Engineer.
The owner of the subject property shall execute a hold :
agreement regarding drainage across the adjacent proper.
to approval of the final map.
16 tative map shall be dedicated on the final map and shal.
17 granted to city free and clear of all liens and encumbr,
18 25) Direct access rights for all lots abutting Edinburgh Dr
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126) Improvements including, but not limited to, the followi
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City Engineer prior to filing the final map. Alternate items shall be installed by the developer and approved
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security agreement obtained by the developer in an amou
installation of said improvements shall be guaranteed b
of a type required by the Carlsbad Municipal Code. To
24) Land for all public streets and easements shown on the
shall be waived on the final map.
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a) Half street improvements plus a 12 foot wide lane o
portion of Edinburgh Drive fronting the project.
b) Full street improvements for the interior streets i
accordance with City Standards modified by the cros sections shown on the tentative map, dated February
1984. c) Street trees. d) Street lights. e) Sanitary sewer facilities.
f) Storm sewer facilities. g) Slope stabilization facilities.
PC RES0 NO. 2255 -6-
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27) The southerly interior street shall be redesigned to prc
right angle intersection with Edinburgh Drive conformins
City Standards.
28) The developer shall install a wheelchair ramp at the puk
street corner abutting the subdivision in conformance wi of Carlsbad Standards prior to occupancy of any building
29) The developer shall comply with all the rules, regulatio
design requirements of the respective sewer and water ag regarding services to the project.
30) All concrete terrace drains shall be maintained by the
homeowner's association (if on commonly owned property) individual property owner (if on an individually owned 1
An appropriately worded statement clearly identifying th responsibility shall be placed in the CC&R's.
32) 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 applicant. Said extension shall be approved or denied a discretion of the City Council. In approving an extensi City Council may impose new conditions and may revise ex conditions.
Fire Department
33) Additional public and/or on site fire hydrants shall be quired if deemed necessary by the Fire Marshall.
34) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants site roads and drives subject to the approval of the Fir
Marshall.
35) An all weather access road shall be maintained throughou construction.
36) All required fire hydrants, water mains and appurtenance: be operational prior to combustible building materials bc
located on the project site.
37) Brush clearance shall be maintained within a minimum dis
of 30 feet to each residence.
38) All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to the project shall he submitted to the Fire Department for ap: prior to construction.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting 0:
2 Planning Commission of the City of Carlsbad, California, helc
311the 14th day of March, 1984, by the following vote, to wit:
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AYES Chairman Rombotis, Commissioners Schlehuber
NOES None. Lyttleton, Farrow and Smith.
ABSENT: Commissioners Marcus and Rawlins.
ABSTAIN : None .
SBAD PLANNING COMMISS:
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l3 LAND USE PLANNING MANAGER
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