HomeMy WebLinkAbout1984-04-11; Planning Commission; Resolution 2270', 9 ' - "I. . 4 0 0
1
2
3
APPLICANT: DEL MAR FINANCIAL 5
ON THE EAST SIDE OF EL CAMINO REAL SOUTH OF 4
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNING COMMISSION RESOLUTION NO. 2270
A RESOLUTION OF THE PLANNING COMMISSION OF THE
12 LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED
COLLEGE BOULEVARD.
CASE NO: CT 83-36
WHEREAS, a verified application for certain propert] 6
7
8
in the off ice of the County Recorder, May 1 , 19 15, : 9
Portions of Lots B and E of Rancho Agua Hedionda, ir wit:
City of Carlsbad, according to Map thereof No. 823 1
County of San Diego, State of California, 10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
the Commission hereby APPROVES CT-83-36, based on the
has been filed with the City of Carlsbad, and referred to thf
Planning Commission; and
WHEREAS, said verified application constitutes a re(
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 28th d;
March, 1984, and on the 11 th day of April, 1984, hold a duly
noticed public hearing as prescribed by law, to consider saic
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
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni:
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hear
following findings and subject to the following conditil
IIFindings:
28
1) The project is consistent with the City's general plan
the proposed subdivision meets the standards and the in
the 0 (Professional and Related Commercial), and C (Corn
Commercial) categories of the General Plan.
11 .t . .. - 0 0
I 2)
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
3)
4)
5)
The site is physically suitable for the type and densit: the development since the site is adequate in size and to accommodate development as proposed, as discussed in staff report.
The project is consistent with all City public facility
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that
final map will not be approved unless the City Coun finds that sewer service is available to serve the
project. In addition, the Planning Commission has
condition that a note shall be placed on the final
that building permits may not be issued for the pro
unless the City Engineer determines that sewer serv available, and building cannot occur within the pro unless sewer service remains available, and the Pla Commission is satisfied that the requirements of th public facilities element of the general plan have met insofar as they apply to sewer service for this
project.
b) All necessary public improvements have been provide
will be required as conditions of approval.
c) 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 will enable this body to find that public facilitie
be available concurrent with need as required by th general plan .
The proposed project is compatible with the surrounding future land uses since surrounding properties will be
adequately buffered through provisions in the specific
An Environmental Impact Report was recommended for certification for this project by the Planning Commissi March 28, 1984. The EIR identified impacts from the pr project. These impacts can either be mitigated or over considerations exist as described below.
A. Traffic - The traffic section of the EIR indicates there will be a significant impact at the El Camin
Real/College Boulevard and College Boulevard/A Str intersections if these roads are constructed to ge
plan standards. These impacts will be mitigated k use of additional turn lanes on College Boulevard Camino Real, the construction of an additional sic the A Street/College Boulevard intersection, and t of two right-turn-only accesses connecting A Stree Camino Real south of College Boulevard.
28 PC RES0 NO. 2270 -2-
I
IC, - .< d e 0
1
2
3
4
5
6
7
8
9
10
11
B. Land Use - The potential for a significant impact o use exists between the large commercial shopping ar
future residential areas and between the proposed residential area at the east end of the project and
approved Carlsbad Ridge Project. Both of these are shown for future development, requiring amendments
Specific Plan and allowing for future review and conditions. Provisions of the Specific Plan requir landscaping to buffer the proposed commercial/offic
center from adjoining land uses. The future reside development would be restricted to no more than 2 d This lower density should ensure compatibility with
neighboring residential uses.
C.
12
13
14
15
16
17
18
19 ,I
20
21
22
23
24
25
26
27
28
Topography and Visual Aesthetics - Future developme
proposed would result in significant alterations to existing landforms. Most of the trees associated h
oak-woodland are being preserved as open space. Th
project has been altered to preserve most of the hi
area just southwest of the creek. Additional gradi
landscaping and design measures have been incorpora
into the specific plan to reduce visual impact.
D. Air Quality - Identified impacts on air quality wou to be conisdered significant based on the Regional Quality Strategies. These impacts are cumulative i
nature and true mitigation must occur on a regional
The benefits of the proposed project in providing
employment opportunities and revenues would over-ri cumulative aspects.
E. Archaeology - Five archaeological sites were found
project area which could be significantly affected
development. These sites will-be required to be mi by a qualified archaeologist as a condiition of the specific plan.
F. Biology - The proposed project poses significant in on the biological resources of the site. The projc
been altered through the specific plan so the sensi riparian woodland area of the site will be fully pr
in natural open space.
G. Hydrology and Water Quality - Development within tl:
year floodplain could cause significant impacts. E
development is currently proposed in the floodplair Any development occuring in this area would be reqL
process a special use permit subject to future
environmental review.
H. Geology/Soils/Paleontology - Future development of property could be significantly affected by soil instability and development could also signif icantl affect paleontological resources. A detailed geott
is being required prior to the issuance of buildinc
permits and a qualified paleontologist will be reqt
monitor grading, pursuant to the Specific Plan.
i )I PC RES0 NO. 2270 -3-
. < ;( . s; +' I/ * e
l. Conditions
2
3
1) Approval is granted for CT 83-36, as shown on Exhibits
on file in the Land Use Planning Office. Development s
and "B", dated March 28, 1984, incorporated by referenc
4 occur substantially as shown, unless otherwise noted in
conditions.
5 2) This project is approved upon the express condition tha
6 final map shall not be approved unless the City Council as of the time of such approval that sewer service is
7 available to serve the subdivision.
3) This project is approved upon the express condition tha 8 building permits will not be issued for development of
9
10
11
subject-property unless the City Engineer determines th
sewer facilities are available at the time of applicati
such sewer permits and will continue to be available un
time of occupancy. This note shall be placed on the fi
map .
12
13
14
15
16
17
4) This project is approved upon the express condition tha applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on fil
the City Clerk and incorporated herein by reference, an according to the agreements executed by the applicant f payment of said fee, a copy of those agreements, dated
29, 1982, November 19, 1982, and February 25, 1983, are file with the City Clerk and incorporated herein by ref
If said fee is not paid as promised, this application w be consistent with the General Plan and approval for th project shall be void.
18 5) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicak
19 ordinances in effect at time of building permit issuanc
20 6) Water shall be provided to this project pursuant to the
21
22 Land Use Planning Conditions
23 7) The applicant shall prepare a reproducible mylar of the
site plan incorporating the conditions contained hereir
24 site plan shall be submitted to and approved by the Lar Planning Manager prior to the issuance of building pern
25 8) The applicant shall establish a tenant's association ar
26 corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land I
27 Planning Manager prior to final map approval.
Service Agreement between the City of Carlsbad and the Real Water District, dated May 25, 1983.
//// 28 PC RES0 NO. 2270 -4-
' : L .) i* 0 e
1
2
3
4
9) A 500' scale map of the subdivision shall be submitted
Land Use Planning Manager prior to the recordation of t final map. Said map shall show all lots and streets wi
and adjacent to the project.
10) All landscaped areas shall be maintained in a healthy a thriving condition, free from weeds, trash, and debris.
5 11) The applicant shall submit a street name list consisten
Manager I s approval prior to final map approval, 6 the City's street name policy subject to the Land Use P
7 12)
8
9
10
11
The project shall provide bus stop facilities at locatil
subject to the satisfaction of the North County Transit trict. Said facilities shall at a minimum include a be free from advertising, and a pole for the bus stop sign bench and pole shall be designed in a manner so as to n detract from the basic architectural theme of the proje said design shall be subject to the approval of the Lan
Planning Manager and North County Transit District.
12
13
14
15
16
13) The project shall attempt to develop a ride to work and program for its employees with the North County Transit trict. Furthermore, the project shall attempt to limit staggering of worker shifts so as to facilitate the SUC said program.
14) Approval of Tentative Tract No. CT 83-36 is granted sub: approval of Zone Changes 272 and 274 and Specific Plan
All conditionsof approval for CT 83-36 shall be incorpol
into SP-190.
lr)I Engineering Conditions
l8
19
15) The developer shall obtain a grading permit prior to thc
commencement of any clearing or grading of the site.
20
21
22
23
16) The grading for this project is defined as "controlled 1
ing" by Section 11.06.170(a) of the Carlsbad Municipal 1
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 the approved grading plan, submit required reports to tl Engineer and verify compliance with Chapter 11.06 of tht Carlsbad Municipal Code.
24
25
17) Upon completion of grading, the developer shall insure 1
26
Engineer. The plan shall clearly show all the geology i
"as-graded" geologic plan shall be submitted to the Cit:
27
measures as actually constructed and must be based on a exposed by the grading operation, all geologic correctir
tour map which represents both the pre and post site gr;
28
This plan shall be signed by both the soils engineer a1
or similar drafting film and shall become a permanent rt
engineering geologist. The plan shall be prepared on a
PC RES0 NO. 2270 -5-
I,
,> , ' ., C' e e
1 18) No grading shall occur outside the limits of the subdiv
unless a letter of permission is obtained from the owne 2 the affected properties.
3
4
5
6
7
8
9
10
11
12
13
14
19) All slopes within this project shall be no steeper than
20) 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.
21 ) The developer shall pay the current local drainage area
prior to approval of the final map or shall construct d
age systems in conformance with the Master Drainage Pla City of Carlsbad Standards as required by the City Engi
22) The developer shall construct desiltation/detention bas a type and size and at locations as approved by the Cit:
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. Thl
provisions of this agreement shall apply to any off-sit1 borrow sites which may be utilized in the construction 1
project a5 required by the City Engineer.
I.5
16
23) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacer
property prior to approval of the final map.
17
18
19
20
21
22
23
24
25
24) Land for all public streets and easements shown on the 1 tative map shall be dedicated on the final map and shal: granted to city free and clear of all liens and encum- brances .
25) The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water ag regarding services to the project.
26) The design of all private streets and drainage systems s be approved by the City Engineer prior to approval of th
final map. The structural section of all. private street shall conform to City of Carlsbad Standards based on R-v tests. All private streets and drainage systems shall t inspected by the city, and the standard improvement plar
and inspection fees shall be paid prior to approval of t final map.
26
27
27) All private streets and drainage systems shall be mainta
by the homeowner's association in perpetuity. This resp
PC RES0 NO. 2270 -6- 28
sibility shall be clearly stated in the CC&R's.
11
,' . . . .. 1 .* e e
1
2
28)
29) 4
3
9
8
30) 7
6
5
10
11 31)
12
13
14
15
16 33)
17
18
19
20
21
22
23
24 35)
25
26
27
28
32)
34)
All concrete terrace drains shall be maintained by the
association (if on commonly owned property) or the indi property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's.
This subdivision contains a remainder parcel. No build
permit shall be issued for the remainder parcel until i
further subdivided pursuant to the provisions of Title the Carlsbad Municipal Code. This note shall be placed final map.
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
the City Council may impose new conditions and may revi existing conditions.
Direct access rights for all lots abutting El Camino Re College Boulevard shall be waived on the final map.
Prior to the approval of any final maps within this pro the developer shall dedicate the required roadway right way as shown on the tentative map within the tract map boundary, obtain city approval of the design and enter
secured agreement for the construction of the required , improvements.
Prior to the issuance of any building permits within a particular phase of the project the developer shall ded, or obtain the dedication of all onsite or offsite easemc necessary to complete the improvement requirements stat4 within the text of the specific plan (Exhibit "A", date(
28, 1984). In addition, the developer shall obtain cit: approval of the design and enter into a secured agreeme] the construction of the required public improvements.
Prior to the occupancy of any building within a particul phase of the project the developer shall complete constl of all onsite and offsite public improvements necessary serve the building and as outlined in the text of the sx plan (Exhibit "A" , dated March 28, 1984) to the satisfac
of the City Engineer.
The sewer system as shown on the tentative map is specif
not approved. The complete system shall be designed in conformance with a master sewer basin concept to the satisfaction of the City Engineer. The developer shall city approval of the design, enter into a secured agreen with the city for the construction and obtain any necess offsite easements to complete the construction of the se improvements prior to the approval of any final map on t
project.
PC RES0 NO. 2270 -7-
. A,
: 9, . C" ll 0 0
1
2 access and public utility easement. 36) "B" Street shall be dedicated on the final map as a gent
3
4
37)
5
6
7
8
9
10
11
12
38)
Area C-1 and D-1 shall not be developed without an amenc
to Specific Plan 190. The dedication and improvement
to the property adjacent to Area C-1 designated "not a 1 shall be determined at the time of the specific plan
amendment. 'I
The developer shall design and construct the traffic si! the intersection of El Camino Real and College Boulevarc concurrent with the construction of the first phase improvements unless an alternate arrangement is approvet
the City Engineer. Since this traffic signal is includc
within the City's Public Facilities Management plan the developer shall receive a credit from the City against t payment of the Public Facilities Fee in an amount equal the cost of the signal design and installation, The Cit will reserve the right to review and approve the bid proposals for the design and the construction contracts
the signal.
requirements for those areas including provisions €or ar
13
14
15
16
17
18
19
20
21
1
t
39) The developer shall design and enter into a secured agre for the construction of the traffic signal at the
intersection of College Boulevard and "A" Street. The
construction of said signal shall be undertaken by the
developer at the written request of the City Engineer wh
proper traffic warrants are met .
40) Prior to approval of any final map within the project si developer shall dedicate or secure the dedication of the
width College Boulevard and the half width of El Camino
within and adjacent to the project. Such dedications wi made in accordance with the section requirements as show
the tentative map. The phasing of the improvement of th streets shall be in accordance with the text of the spec plan (Exhibit "A", dated March 28, 1984) and these
conditions.
22 7 /\Fire Conditions
23
24
25
26
27
28
41) Prior to the issuance of building permits, complete built plans shall be submitted to and approved by the Fire
Department.
42) Additional public and/or on site fire hydrants shall be quired if deemed necessary by the Fire Marshall.
4
I
ll
L3) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants on site roads and drives subject to the approval of the I Marshall.
'C RES0 NO. 2270 -8-
. -1. *. . 6. 6 I: e e
1
2
45) All required fire hydrants, water mains and appurtenancg 3
construction.
shall be operational prior to combustible building mate]
44) An all weather access road shall be maintained through01
4 being located on the project site.
5 46) Proposed security gate systems shall be provided with "1
partment. 6
key operated override switch, as specified by the Fire I
7 47)
8
9
10
11
12 49)
13
48)
All fire alarm systems, fire hydrants, extinguishing sy: automatic sprinklers, and other systems pertinent to tht project shall be submitted to the Fire Department for a] prior to construction.
Building exceeding 10,000 sq.ft. aggregate floor area sk
sprinklered or have four-hour fire walls with no openins therein which shall split the building into 10,000 sq.ft less) areas.
Landscaping plans shall conform to the Fire Protection F contained in the City of Carlsbad Landscape Guidelines
Manual.
14
the 11th day of April, 1984, by the following vote, to wit: 16
Planning Commission of the City of Carlsbad, California, held 15
PASSED, APPROVED AND ADOPTED at a regular meeting of
17
18
AYES: Chairman Rombotis, Commissioners Rawlins,
Schlehuber, Marcus, Lyttleton, Farrow and Smith.
19 I
2o I NOES : None .
ABSENT : None .
21
22
23
24
ABSTAIN : None .
c / H /r4"r" L ~ERWROMBOT ~.
c J
IS, Chairman
/CARJ&BAD PLANNING COMMISSIOE
25 I~ATTEST :
26
27
28
;\PC RES0 NO. 2270 -9 -