HomeMy WebLinkAbout1984-06-13; Planning Commission; Resolution 2307I a. (I *..
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PLANNING COMMISSION RESOLUTION NO. 2307
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 377 UNIT TENTATIVE TRACT MAP AND
PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED EAST OF SIERRA MORENA AND NORTH OF
TAMARACK AVENUE. APPLICANT: TAMARACK POINTE CASE NO: CT 84-14/PUD-69
WHEREAS, a verified application for certain propert
wit:
A portion of Lots E & I of Rancho Agua Hedionda acc
to Map No. 823, filed November 16, 1896,
has been filed with the City of Carlsbad, and referred to th
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 13th d
June, 1984, hold a duly noticed public hearing as prescribed
to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pers
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit DeVelOF
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hear
the Commission hereby recommends APPROVAL of CT 84-14/E based on the following findings and subject to the foll conditions:
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1) The project is consistent with the City's general plan 2
Findings:
the proposed density of 3.12 du's/acre is within the de
the land use element of the general plan. 3 range of 0-4 du's/acre specified for the site as indica
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5 the development since the site is adequate in size and
2) The site is physically suitable for the type and densit
to accommodate residential development at the density p
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3) The project is consistent with all City public facility 7
posed .
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
9 appropriate condition to this project, insured that final map will not be approved unless the City Coun
10 project. In addition, the Planning Commission has
finds that sewer service is available to serve the
11 condition that a note shall be placed on the final
that building permits may not be issued for the pro
12 unless the City Engineer determines that sewer serv
available, and building cannot occur within the pro
13 unless sewer service remains available, and the Pla Commission is satisfied that the requirements of th
14 public facilities element of the general plan hav.e
met insofar as they apply to sewer service for this
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b) The Carlsbad School District has written a
letter, dated June 4, 1984, stating that school
facilities will be available to this project.
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c) Park-in-lieu fees are required as a condition of aF
proval
d) All necessary public improvements have been provide
will be required as conditions of approval.
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e) 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.
f) Assurances have been given that adequate sewer for
project will be provided by the City of Carlsbad.
26 4) The proposed project is consistent with the City's Plan
27 Development Ordinance and also complies with the Design Guidelines Manual.
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5) The proposed project is compatible with the surrounding
land uses since surrounding properties are designated fc
residential development on the general plan.
6) This project will not cause any significant environment;
impacts and a Negative Declaration has been issued by tl Use Planning Manager on June 1, 1984 and approved by tha
Planning Commission on June 13, 1984.
7) The project has been approved allowing a transfer of del
to the townhouse development. As such, the Planning
Commission has approved this project on the basis of a comprehensive development plan and any modification to '
approval would have to take into account the entire development plan.
Conditions:
1) Approval is granted for CT 84-14/PUD-69, as shown on
Exhibits "A" - "I", dated May 15, 1984, incorporated by
reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) CT 81-48/PUD-36 shall become null and void upon approva:
this project.
3) This project is approved upon the express condition tha. final map shall not be approved unless the City Council as of the time of such approval that sewer service is available to serve the subdivision.
4) 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 applicatic such sewer permits and will continue to be available un' time of occupancy. This note shall be placed on the fil map .
5) 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 fill the City Clerk and incorporated herein by reference, anc
according to the agreement executed by the applicant fo: payment of said fee, a copy of that agreement, dated Ma: 20, 1984, 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 and approval for this project shall be void.
6) The applicant shall pay park-in-lieu fees to the City, to the approval of the final map as required by Chapter of the Carlsbad Municipal Code.
PC RES0 NO. 2307 -3- I
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Service agreement between the City of Carlsbad and the 4
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sections of the Zoning Ordinance and all other applicab.
Planning Manager prior to the issuance of building perm 8
site plan incorporating the conditions contained herein 7
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7) Approval of this request shall not excuse compliance wi.
ordinances in effect at time of building permit issuanct
8) Water shall be provided to this project pursuant to the
Real Water District, dated May 25, 1983.
Land Use Planning Conditions:
9) The applicant shall prepare a reproducible mylar of the
site plan shall be submitted to and approved by the Lanc
9 IO) The applicant shall establish a homeowner's association corresponding covenants, conditions and restrictions. I
Planning Manager prior to final map approval. All slopc
acceptable alternative approved by the Land Use Planninc
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Manager, this shall be clearly stated in the CC&R's. 12
shall be maintained by the homeowner's association or a1 11
CC&R's shall be submitted to and approved by the Land U:
13 11) The applicant shall prepare a detailed landscape and ir.
Use Planning Manager prior to the issuance of building 14
tion plan which shall be submitted to and approved by t;
development and from Tamarack Avenue . the R.V. storage lot to screen this lot from surroundin? 15 permits. Said plan shall include substantial planting <
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19 /I 3) All parking lot trees shall be a minimum of 15 gallons
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21 thriving condition, free from weeds, trash, and debris.
12) A 500' scale map of the subdivision shall be submitted 1
final map. Said map shall show all lots and streets wil
size.
14) All landscaped areas shall be maintained in a healthy a1
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15) Any signs proposed for this development shall be designt conformance with the City's Sign Ordinance and shall re(; review and approval of the Land Use Planning Manager prj installation of such signs.
16) Trash receptacle areas shall be enclosed by a six-foot 1 masonry wall with gates pursuant to City standards. LOC of said receptacles shall be approved by the Land Use PI Manager .
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architecturally integrated and shielded from view and tl
the Land Use Planning Manager and Building and Planning to Building Department Policy No. 80-6, to the satisfact sound buffered from adjacent properties and streets, pul
Director.
,PC RES0 NO. 2307 -4-
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The applicant shall submit a street name list consiste the City's street name policy subject to the Land Use
Manager 's approval prior to final map approval.
The project shall provide bus stop facilities at locat
subject to the satisfaction of the North County Transi trict. Said facilities shall at a minimum include a k free from advertising, and a pole for the bus stop sic bench and pole shall be designed in a manner so as to
detract from the basic architectural theme of the pro:
said design shall be subject to the approval of the Li
Planning Manager and North County Transit District.
All assigned resident parking spaces in the townhouse of the project shall be clearly marked to the satisfac
the Land Use Planning Manager.
Prior to the issuance of a building permit, the applic shall provide a detailed fencing plan subject to the z
of the Land Use Planning Manager.
Prior to the issuance of any building permit, within 1
townhouse portion of the project, the applicant shall
detailed plans of the passive recreation areas within portion subject to the approval of the Land Use Planni Manager.
All resident parking spaces located immediately adjacc tandem parking garages shall be constructed with grast or another decorative material subject to the approval Land Use Planning Manager.
The city is defending two lawsuits which seek to collc
damages and reimbursement for the cost of constructin( Tamarack Avenue from El Camino Real to the boundaries
Lake Calavera Hills master plan area (MP-150(A)) as st boundaries existed prior to the amendment made by Mast Amendment, 150(D). The city believes these cases are
merit and that no damages or reimbursements are owed. However, if reimbursement or damages are ordered, awa~ established, this applicant as the owner of property benefitted by the road, prior to obtaining a final mal
the subject property, shall execute an agreement with City whereby the applicant covenants to pay its propol share of any reimbursement or damages, ordered, awardc established as a result of these or other similar law!
A six foot high decorative solid masonry wall or 4 pounds/square foot wood fence equivalent shall be con: along the southerly property boundary adjacent to the Avenue right-of-way from the project's westerly boundi
Pontiac Avenue. The design of this wall or wood fenct
be approved by the Land Use Planning Manager prior to issuance of any building permits. The Land Use Plann:
Manager may approve an alternative to this requiremenl can be demonstrated that such alternative will satisfi mitigate noise impacts from Tamarack Avenue. 11 PC RES0 NO. 2307 -5-
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Engineering Conditions:
26) The developer shall obtain a grading permit prior to thc
3 commencement of any clearing or grading of the site.
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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 tl
Engineer and verify compliance with Chapter 11 -06 of thc
Carlsbad Municipal Code.
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 tour map which represents both the pre and post site gr, This plan shall be signed by both the soils engineer anc engineering geologist. The plan shall be prepared on a or similar drafting film and shall become a permanent r(
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 in Table No. 1 on Page 14 of the soils report prepared 1
Shepardson Engineering Associated, Inc., dated February 1984. Construction, design and testing procedures for 5
shall be performed in conformance with City ordinance ar standards or with the recommendation of said soils repol whichever is the more restrictive.
The developer shall exercise special care during the
construction phase of this project to prevent any off-s: siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detel basins of type, size and location as approved by the Cii Engineer. The basins and erosion control measures shal:
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prj
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the 2 served shall be protected by additional drainage facilit slope erosion control measures and other methods require approved by the City Engineer. The developer shall mair the temporary basins and erosion control measures for a
of time satisfactory to the City Engineer and shall guar
their maintenance and satisfactory performance through ( deposit and bonding in amounts and types suitable to thf
Engineer .
PC RES0 NO. 2307 -6-
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Additional drainage easements and drainage structures sl
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City ’
neer.
The developer shall pay the current local drainage area
prior to approval of the final map or shall construct dl age systems in conformance with the Master Drainage Plal
City of Carlsbad Standards as required by the City Engii
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. Thc
provisions of this agreement shall apply to any off-sit1
borrow sites which may be utilized in the construction 1 project as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjace~ property prior to approval of the final map.
Land for all public streets and easements shown on the tative map shall be dedicated on the final map and shal: granted to city free and clear of all liens and encum-
brances.
Direct access rights for all lots abutting Pontiac Drivc
Tamarack Avenue shall be waived on the final map. The rights for double fronting lots shall be waived along S.
along their frontages.
The developer shall install the following improvements satisfaction of the City Engineer. Alternatively, the developer may enter into an improvement agreement with City in accordance with Section 66462 of the Subdivisiol
Act and the Carlsbad Municipal Code to assure the timel: completion of the improvements unless otherwise noted hc
All improvements shall have plans, specifications and supporting documents prepared to the satisfaction of thc Engineer and shall be constructed or an improvement agrc shall have been provided by the developer prior to reco: of a final map for the phase of the subdivision that sa improvements serve. Said improvements shall be compleb
prior to the issuance of a Certificate of Occupancy or
occupancy of any structure located in the phase of the subdivision for which that they are located in. Except
specifically listed herein, all off-site improvements SI
completed prior to any occupancy. Any improvement comp
by any other developer or agency to the satisfaction of City Engineer prior to being required by these conditio] shall be deemed to meet these conditions. The improveml included are:
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llPC RES0 NO. 2307 -7-
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All improvements shown on the tentative map except
specifically mentioned herein.
Tamarack Avenue to full Collector Street standards
the frontage of this project.
A storm drain system in lot "B" such that overland
unenclosed flow of stormwater is limited to a maxim1
distance of 1000 feet.
Pontiac Drive shall be constructed to 60 feet wide collector street standards within this project. Al: Pontiac Drive within this project shall be designatc Parking" and shall be appropriately painted and sigl
Terrace drains on Lot 143.
Street Trees.
Street Lights
Streets IIF11 r "GI1 I 11Hl1 11J81 r "K81 r l!LlB I 11Mll I r and "N" 2 designated as "single loaded streets". Single load6 streets shall be designated "NO Parking" on their downhill side and shall be appropriately painted ani signed.
Private streets "A" r nB"r "C" and "Dl' shall be
constructed as shown on the tentative map except thz
sidewalks shall be five feet wide and shall be inst; on both sides of any street that has townhouses on 1 sides. Private streets shall be constructed to the horizontal and vertical alignment standards for strc as shown in Table A of the City of Carlsbad Street r Criteria.
The road noted as "temporary access" shall be gated
each end. The gates shall be equipped with "Nox" IC
A 6 foot chain link fencer or an acceptable alternat
on both sides of the existing concrete drainage char
for its entire length along the subdivision boundarq
The developer shall also install landscaping and irrigation on the south side of the southerly fence, screen the fences from view from Tamarack Avenue. 'I landscape and irrigation plan shall be as approved k Parks and Recreation Director.
Wheelchair Ramps
Sanitary sewers on-site
Sanitary sewers off-site subject to a reimbursement
agreement satisfactory to the City Engineer.
NO. 2307 -8-
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Secondary access satisfactory to the City Engineer shall provided to all phases of this project in conformance w: the engineering department cul-de-sac policy. Where phi lines bisect streets, the full improvements of said strf shall be constructed as a part of the first phase being developed that abuts said streets.
Fill slopes and retaining walls shall be pulled back frc streets so as to provide sight distances as required by standards.
The developer shall clean, repair and renovate the exisl concrete drainage channel to the satisfaction of the Cii Engineer prior to construction of any fencing along it.
The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water ac regarding services to the project.
The design of all private streets and drainage systems
be approved by the City Engineer prior to approval of tl
final map. The structural section of all private stree.
shall conform to City of Carlsbad Standards based on R-1
tests. All private streets and drainage systems shall 1 inspected by the city, and the standard improvement plal
and inspection fees shall be paid prior to approval of
final map .
All private streets and drainage systems shall be maint< by the homeowner's association in perpetuity. This res]
sibility shall be clearly stated in the CC&R's.
All private driveways shall be kept clear of parked veh
at all times, and shall have posted "NO Parking/Fire La]
Away Zone" pursuant to Section 17.04.040, Carlsbad Munic Code .
The developer shall provide the City with a reproducibll copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the condit
approval by the City. The map copy shall be submitted
City Engineer prior to improvement plan submittal.
Prior to recordation of any final map for this developml the owner shall give written consent to the annexation 1 area shown within the boundaries of the Tentative Map i: existing City of Carlsbad Street Lighting and Landscapi,
District No. 1.
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.
JIPC RES0 NO. 2307 -9-
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Fire Conditions:
49) Additional public and/or on site fire hydrants shall be 3 quired if deemed necessary by the Fire Marshal.
4 50) The applicant shall submit two (2) copies of a site plal
Marshal.
showing locations of existing and proposed fire hydrant!
5 on site roads and drives subject to the approval of the
6 51 ) An all weather access road shall be maintained through01
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shall be operational prior to combustible building mate]
52) All required fire hydrants, water mains and appurtenanct 8
construction.
being located on the project site.
10 53) Proposed security gate systems shall be provided with "I key operated override switch, as specified by the Fire I 11 partment.
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the 13th day of June, 1984, by the following vote, to wit: 15
Planning Commission of the City of Carlsbad, California, helc 14
PASSED, APPROVED AND ADOPTED at a regular meeting ol 13
54) Fire retardant roofs shall be required on all structure:
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AYES : Vice-chairman Rawlins, Commissioners Schle Marcus and Smith.
NOES : Commissioner Farrow.
ABSENT: Chairman Rombotis.
ABSTAIN: None. 20
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CARLSBAD PLANNING COMMISSIOB
27 il LAND USE PLANNING MANAGER
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PC RES0 NO. 2307 -1 0-