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HomeMy WebLinkAbout1984-05-09; Planning Commission; Resolution 2291:- 1 2 3 4 5 6 a l (I) PLANNING COMMISSION RESOLUTION NO. 2291 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR AN AMENDMENT TO A PREVIOUSLY APPROVED TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED AT THE EASTERN TERMINUS OF SUNNY CREEK ROAD IN THE R-E ZONE. APPLICANT: MANDANA CORPORATION CASE NO: CT 83-9 (AI ~~ ., 7 WHEREAS, a verified application for certain propert 8 San Diego, per Map 823 filed November 16, 1896 9 to, wit: A portion of Lot "B" of Rancho Aqua Hedionda, Count 10 has been filed with the City of Carlsbad, and referred to tf: 11 Planning Commission; and /I 12 WHEREAS, said verified application constitutes a 13 and 14 request as provided by Title 21 of the Carlsbad Municipal Co relating to the Tentative Tract Map and Condominium Permit. 21 desiring to be heard, said Commission considered all factors 20 considering all testimony and arguments, if any, of all pers 19 WHEREAS, at said public hearing, upon hearing and 18 law to consider said request; and 17 May, 1984, hold a duly noticed public hearing as prescribed 16 WHEREAS, the Planning Commission did, on the 9th da 15 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni 23 A) That the above recitations are true and correct. 24 Commission as follows: 25 26 27 B) That based on the evidence presented at the public hear. the Commission recommends APPROVAL of CT 83-9(A) based I the following findings and subject to the following conditions: //// 28 (' 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 ~ ,I a Findinss: 2 1) The project is consistent with the City's general plan the proposed density of .7 du's/acre is within the den range of 0-1.5 du's/acre specified for the site as ind on the land use element of the general plan, 2) The site is physically suitable for the type and densi the development since the site is adequate in size and to accommodate residential development at the density posed. 3) The project is consistent with all City public facilit icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured tha final map will not be approved unless the City Cou finds that sewer service is available to serve the project. In addition, the Planning Commission has a condition that a note shall be placed on the fin that building permits may not be issued for the pr unless the City Engineer determines that sewer ser is available, and building cannot occur within the project unless sewer service remains available, an Planning Commission is satisfied that the requirerr of the public facilities element of the general pl have been met insofar as they apply to sewer servi this project. b) The Carlsbad School District has written a letter, dated July 19, 1982, stating that school facilitie be available to this project. c) Park-in-lieu fees are required as a condition of z proval. d) All necessary public improvements have been provid will be required as conditions of approval. e) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a put facilities fee. Performance of that contract and payment of the fee will enable this body to find t public facilities will be available concurrent wit as required by the general plan. f) Assurances have been given that adequate sewer for project will be provided by the City of Carlsbad. 4) The proposed project is compatible with the surroundir future land uses since surrounding properties are designated for residential development on the general //// 1 PC RES0 NO. 2291 -2- I 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 0 0 5) The project meets the intent and all standards of the R. zone for the reasons stated in the staff report . 6) This project has already been considered in conjunction with a previously certified environmental document and Notice of Prior Environmental Compliance was issued on March 7, 1984. Conditions: 1 ) Approval is granted for CT 83-9(A), as shown on Exhibit and "B", dated April 16, 1984, incorporated by referenc on file in the Land Use Planning Office. Development s occur substantially as shown unless otherwise noted in conditions . 2) This project is approved upon the express condition tha final map shall not be approved unless the City Council finds as of the time of such approval that sewer servic available to serve the subdivision. 3) 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 sewer facilities are available at the time of applicati for such sewer permits and will continue to be availabl until time of occupancy. This note shall be placed on final map . 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 with the City Clerk and incorporated herein by referenc and according to the agreement executed by the applican payment of said fee, a copy of that agreement, dated Ju 15, 1982, is on file with the City Clerk and incorporat herein by reference. If said fee is not paid as promis this application will not be consistent with the Genera Plan and approval for this project shall be void. 5) The applicant shall pay park-in-lieu fees to the City, to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 6) Approval of this request shall not excuse compliance wi all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of buildin permit issuance. 7) Water shall be provided to this project pursuant to the Water Service Agreement between the City of Carlsbad an Costa Real Water District, dated May 25, 1983. 8) The applicant shall prepare a detailed landscape and ir tion plan which shall be submitted to and approved by t Land Use Planning Manager prior to the issuance of buil permits. 11 PC RES0 NO. 2291 -3- e 0 1 2 within and adjacent to the project. 3 the Land Use Planning Manager prior to the recordation 9) A 500' scale map of the subdivision shall be submitted the final map. Said map shall show all lots and street 4 10) All landscaped areas shall be maintained in a healthy e 5 thriving condition, free from weeds, trash, and debris. 11) Any signs proposed for this development shall be design 6 conformance with the City's Sign Ordinance and shall re review and approval of the Land Use Planning Manager pr 7 to installation of such signs. 8 9 10 11 12 13 14 12) All roof appurtenances, including air conditioners, sha architecturally integrated and concealed from view and sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Build and Planning Director. 13) The applicant shall submit a street name list consisten with the City's street name policy subject to the Land Planning Manager's approval prior to final map approval 14) All regulations of the R-E zone shall be met by all fut development within this subdivision. 15 following items: 16 15) The applicant shall establish a set of covenants, conditions and restrictions which shall include the 17 18 19 I a) All development shall meet the regulations of the R zone; b) The establishment and maintenance of the open space easements as shown on Exhibit "A" , dated May 11, 19 i 20 c) A note indicating the subdivision may be impacted b noise from airplanes landing at Palomar Airport. 21 22 16) Said CCbR's shall be submitted to and approved by the L 23 Use Planning Manager prior to approval of the final map d) Maintenance of the common recreation area. 24 26 17) The developer shall obtain a grading permit prior to thc 25 Engineering Conditions: commencement of any clearing or grading of the site. //// //// 27 28 PC RES0 NO. 2291 -4- 0 0 1 2 3 4 5 6 7 19) 21) 9 20) 8 18) 10 11 12 13 14 15 16 l'i' 18 23) 21 20 1 24) 19 25 24 23 22 28 27 26 22) The grading for this project is defined as "controlled ing" by Section 11.06.170(a) of the Carlsbad Municipal 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 t City Engineer and verify compliance with Chapter 11.06 the Carlsbad Municipal Code. No grading shall occur outside the limits of the subdiv unless a letter of permission is obtained from the owne the affected properties. All slopes within this project shall be no steeper than Additional drainage easements and drainage structures s be provided or installed as may be required by the Coun Department of Sanitation and Flood Control or the City neer. The developer shall construct desiltation/detention bas of a type and size and at locations as approved by the Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bo satisfactory to the City Engineer prior to the approval the final map for this project. Each desiltation basin shall be serviced by an all weather access/maintenance The provisions of this agreement shall apply to any off borrow sites which may be utilized in the construction this project as required by the City Engineer. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the ad jace property prior to approval of the final map. The developer shall install the following improvements the satisfaction of the City Engineer. Alternatively, developer may enter into an improvement agreement with city in accordance with Section 66462 of the Subdivisio, Map Act and the Carlsbad Municipal Code to assure the timely completion of the improvements unless otherwise noted herein. All improvements shall have plans, specifications and supporting documents prepared to the satisfaction of the City Engineer and shall be construc or an improvement agreement shall have been provided by developer prior to recordation of a final map for the p of the subdivision that said improvements serve. Said improvements shall be completed prior to the issuance o Certificate of Occupancy or occupancy of any structure located in the phase of the subdivision for which that are located in. Except as specifically listed herein, off-site improvements shall be completed prior to any occupancy. Any improvement completed by any other deve or agency to the satisfaction of the City Engineer prio being required by these conditions shall be deemed to m these conditions. The improvements included are: 1) PC RES0 NO. 2291 -5- r , 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~ 25 26 ~ 27 28 ~ I, e 0 a) Domestic water facilities including water mains anc laterals on and off-site. b) Sanitary sewer facilities including sewer mains anc laterals on and off-site. c) All improvements shown on the tentative map. d) Street trees. e) Street lights. f) Temporary cul-de-sac (per standard Drawing No. GS- barricade (per standard Drawing No. "9.1 ) at the temporary terminus of any street not designated as permanent cul-de-sac. g) ID' Street and the portion of 'B' Street west of i intersectionn with 'F' Street to collector street standards except that sidewalk may be omitted on I 'Dl Streets with the approval of the City Engineer h) Off-site 'B' Street from the westerly line of this subdivision to College Boulevard to collector stre standards except that sidewalk may be omitted. i) The portion of 'A' Street within Phase 4 shall be constructed with Phase 2. 1) Off-site 'D' Street to collector street standards, except that a 28 foot wide paved section with no c gutter or sidewalk is required. Full grading and appropriate drainage facilities are required. One width plus median curb to major arterial standards Cannon Road from College Boulevard to off-site ID' Street and College Boulevard from Cannon Road to o site 'B' Street. The streets listed in this item shall be installed in accordance with the provisio this paragraph prior to filing the final map of th phase which includes the 121st unit. k) College Boulevard from El Camino Real to off-site Street with one half width improvements plus media to major arterial standards. 25) The developer shall enter into a secured agreement to for one-fourth the cost of design and installation of traffic signals and associated improvements at the intersections of College Boulevard and 'B' Street and Cannon Road and 'Dl Street. Bonds and agreement for t item shall be submitted prior to recordation of any fi map . PC RES0 NO. 2291 -6- c 4 e 0 1 2 3 4 5 6 7 26) 27) a 9 The developer shall secure dedication of all on and off site street rights-of-way and slope and utility easemen at the time of filing the final map that these conditio require underlaying improvements. Land for all public streets and easements shown on the tentative maps or accompanying exhibit shall be granted to the city free clear of all liens and encumbrances. Rights-of-way so granted shall be to the full width required by city standards. Should the developer decide to final map and develop ph out of numerical sequence with the approved phasing as preceeding phases shall be completed unless otherwise approved by the City Engineer and the Land Use Planning Manager. shown on the tentative map all conditions required of t 10 28) Prior to final map approval the applicant shall provide adequate access to the property laying immediately sout 11 lots 10 through 13. 12 29) The developer shall comply with all the rules, regulati and design requirements of the respective sewer and wat 13 agencies and SDG&E regarding services to the project. 14 30) Prior to recordation of any final map for this developn 15 16 the area shown within the boundaries of the tentative n 31) Approval of this tentative tract map shall expire twent 17 Landscaping District No. 1. four months from the date of City Council approval unle 18 final map is recorded. An extension may be requested b applicant. Said extension shall be approved or denied 19 the discretion of the City Council. In approving an extension, the City Council may impose new conditions a may revise existing conditions. the owner shall give written consent to the annexation into the existing City of Carlsbad Street Lighting and 2o 1 21 22 23 24 32) Prior to the approval of the final map the applicant's engineer shall demonstrate a means of proper driveway access to all lots with topography problems (i.e. , grad drainage, water and gas lines, etc.). Individual lot 1 may be adjusted subject to the approval of the City Engineer. I( Fire Department 25 33) Additional public and/or on site fire hydrants shall be 26 34) The applicant shall submit two (2) copies of a site pla 27 quired if deemed necessary by the Fire Marshall. Marshall. showing locations of existing and proposed fire hydrant 28 on site roads and drives subject to the approval of the PC RES0 NO. 2291 -7- I1 i . *. e m 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 ~ 20 21 22 23 24 25 26 27 28 ~ , 35) An all weather access road shall be maintained through0 construction. 36) All required fire hydrants, water mains and appurtenanc shall be operational prior to combustible building mate being located on the project site. 37) Fire retardant roofs shall be required on all structure 38) All fire alarm systems, fire hydrants, extinguishing sy tems, automatic sprinklers, and other systems pertinent the project shall be submitted to the Fire Department f approval prior to construction. 39) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landsc Guidelines Manual. 40) If, at the time building permits are applied for, the emergency fire response time to the project exceeds fiv minutes, all structures shall be sprinklered to the satisfaction of the Fire Marshall. When the emergency response time to the project becomes less than five minutes, sprinklering will no longer be required. Parks and Recreation Department Conditions: 41 ) The applicant shall submit a streetscape theme plan for project. Said plan shall indicate treatment of street trees which are keeping in character with the rural-est nature of the development. This plan shall be submitte and approved by the Parks and Recreation Director prior the issuance of a grading permit. 42) The applicant shall submit a detailed landscape plan fo all slope areas along the public rights-of-way. Said p shall be submitted to and approved by the Parks and Recreation Director prior to the issuance of a grading permit . //// //// //// //// //// //// //// PC RES0 NO. 2291 -8- ll ai' *2 1 2 3 4 5 6 7 8 9 e 0 PASSED, APPROVED AND ADOPTED at a regular meeting c the Planning Commission of the City of Carlsbad, California, held on the 9th day of May, 1984, by the following vote, to AYES: Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus, Farrow and Smith. NOES : None . ABSENT: None. ABSTAIN: None. x0 11 12 13 ATTEST : 14 15 16 17 18 19 20 21 22 23 24 25 LAND USE PLANNING MANAGER 26 27 28 PC RES0 NO. 2291 -9-