HomeMy WebLinkAbout1984-07-11; Planning Commission; Resolution 2292# .
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PLANNING COMMISSION RESOLUTION NO. 2292
A RESOLUTION OF THE PLANNING COMMISSION OF THE
APPROVAL OF A TENTATIVE SUBDIVISION MAP AND
PLANNED UNIT DEVELOPMENT FOR 204 UNITS ON 51.4
ACRES OF PROPERTY GENERALLY LOCATED IN THE
NORTHEAST CORNER OF THE CALAVERA HILLS MASTER
PLAN AREA .
CASE NO: CT 83-32/PUD-62
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
I APPLICANT: CALAVERA HILLS CO. - VILLAGE "Q"
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WHEREAS, a verified application for certain proper. a wit:
9 A portion of Lot D, of Rancho Agua Hedionda, accorc
10 Map thereof No. 823,
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relating to the Tentative Tract Map and Planned Unit Develo 21
desiring to be heard, said Commission considered all factor 20
considering all testimony and arguments, if any, of all per 19
WHEREAS, at said public hearing, upon hearing and 18
public hearing as prescribed by law to consider said reques 17
May, 1984, and on the 1 lth day of July, 1984, hold a duly n( 16
WHEREAS, the Planning Commission did, on the 23rd l 15
as provided by Title 21 of the Carlsbad Municipal Code; and 14
WHEREAS, said verified application constitutes a rl 13
Planning Commission; and 12
has been filed with the City of Carlsbad, and referred to tl
22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
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A) That the above recitations are true and correct. 24
Commission as follows:
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B) That based on the evidence presented at the public hea
the Commission hereby recommends APPROVAL CT 83-32/PUD
based on the following findings and subject to the fol
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1 Findings:
2 1) The project is consistent with the City's general plan :
the proposed density of 3.97 du's/acre is within the der
the land use element of the general plan. This density 3
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range of 0-4 du's/acre specified for the site as indica1
be justified for the reasons stated in the staff report,
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2) The site is physically suitable for the type and densit!
the development since the site is adequate in size and i
to accommodate residential development at the density PI I posed.
3) The project is consistent with all City public facility
i icies and ordinances since:
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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.
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b) The Carlsbad School District has written a
letter, dated April 6, 1984, stating that school facilities will be available to this project.
c) All necessary public improvements have been provide will be required as conditions of approval.
d) 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 tk
general plan.
e) The applicant will provide park land or pay a park- lieu fee pursuant to the Calavera Hills Master Plar
~ prior to final map approval .
f) Assurances have been given that adequate sewer for
project will be provided by the City of Carlsbad.
27 4) The proposed project is consistent with the City's Pial
Guidelines Manual. 28
Development Ordinance and also complies with the Desigl
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5) This project'will not cause any significant environmental impacts and a Negative Declaration has been issued by the Lanc Use Planning Manager on May 7, 1984 and approved by the Planning Commission on May 23, 19.84.
Conditions:
1 ) Approval is granted for CT 83-32/PUD-62, as shown on Exhibits "A", dated May 9, 1984, "B" and 'ID", dated March .19,
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) This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is
available to serve the subdivision.
3) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are ava'ilable at the time of application for such sewer permits and will continue to be available until time of occupancy. This'note shall be placed on the final
map.
4) This project is 'approved upon the express condition that the
applicant shall pay a public facilities fee as required by
. City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated October 20, 1983, is on file with the City Clerk and incorporated
herein by reference. If said fee is not paid as promised,
this application will not be consistent with the General Plan and approval for this project shall be void.
5) Prior to final map approval, Village E-2 of the Calavera Hill; Master Plan shall be dedicated to the City for park purposes, pursuant to the provisions of the Calavera Hills Master Plan.
If the land dedicated for park purposes is insufficient to meet the needs of this project, the applicant will be
required to pay park-in-lieu fees prior to final map approval
6) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable Cit:
' ordinances in effect at time of building permit issuance.
7) . Water shall be provided to this project pursuant to the Water Service Agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
Land Use Planning Conditions:
8) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Saic site plan shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits. II, PC RES0 NO. 2292 -3-
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The applicant shall establish a homeowner's association
corresponding covenants, conditions and restrictions. E
CC&R's shall be submitted to and approved by the Land Us Planning Manager prior to final map approval.
The applicant shall prepare a detailed landscape and irr tion plan which shall be submitted to and approved by tk Use Planning Manager prior to the issuance of building
permits. Said landscape plan shall address all recreatj
areas and enumerate facilities, slopes and provide a landscape screen at the northerly portion of lots 83 thr
104 and 111 through 133 inclusive.
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11) A 500' scale map of the subdivision shall be submitted i
final map. Said map shall show all lots and streets wil 8
and adjacent to the project. 9
Land Use Planning Manager prior to the recordation of ti
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12) All landscaped areas shall be maintained in a healthy ai
conformance with the City's Sign Ordinance and shall ret 12
thriving condition, free from weeds, trash, and debris.
13) Any signs proposed for this development shall be designc
review and approval of the Land Use Planning Manager pr
13 installation of such signs.
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14) All roof appurtenances, including air conditioners, sha.
architecturally integrated and concealed from view and sound buffered from adjacent properties and streets, pu' to Building Department Policy No. 80-6, to the satisfac, the Land Use Planning Manager and Building and Planning Director. 17 11 15) The applicant shall submit a street name list consisten
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19 Manager's approval prior to final map approval.
the City's street name policy subject to the Land Use P
16) The project shall provide bus stop facilities at locati
trict. Said facilities shall at a minimum include a be
bench and pole shall be designed in a manner so as to n
said design shall be subject to the approval of the Lan
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subject to the satisfaction of the North County Transit
18) The CC&R's for this project shall contain a statement t 25
17) All garages shall have a minimum area of 400 square fee 24
Planning Manager and North County Transit District. 23
detract from the basic architectural theme of the proje 22
free from advertising, and a pole for the bus stop sign
there is a rock extraction and crushing operation locat 26 close proximity to this subdivision.
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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 of
Lake Calavera Hills Master Plan area (MP-l50(A) as such boundaries existed prior to the amendment made by Master Amendment, MP-l50(D) . The City believes these cases are without merit and that no damages or reimbursements are
However, if reimbursement or damages are ordered, awarde
established, this applicant as the owner of property
benefited by the road, prior to obtaining a final map fc
subject property, shall execute an agreement with the Ci
whereby the applicant covenants to pay its proportionate share of any reimbursement or damages, ordered, awarded established as a result of these or other similar lawsui
Prior to occupancy of any units, the applicant shall prc and improve a 3 acre site on the property designated as
future school site for active recreational purposes. TI location of the site and the specific improvements requi
shall be subject to the approval of the Land Use Plannir Manager. This area shall be provided for use of the res
of Village Q and T in the Calavera Hills Master Plan and
be maintained by the homeowners of Village T and Q. Thj shall be maintained until such time as a school is built this site.
15 P 21) The developer shall obtain a grading permit prior to the 16
Eng ineerin
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commencement of any clearing or grading of the site.
22) The grading for this project is defined as "controlled 5 ing" by Section 11.06.170(a) of the Carlsbad Municipal (
Grading shall be performed under the observation of a cj
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.
22 23) Upon completion of grading, the developer shall insure 1
or similar drafting film and shall become a permanent rc 26 engineering geologist. The plan shall be prepared on a This plan shall be signed by both the soils engineer ani 25 tour map which represents both the pre and post site gr<
measures as actually constructed and must be based on a 24 exposed by the grading operation, all geologic correctil Engineer. The plan shall clearly show all the geology i 23 "as-graded" geologic plan shall be submitted to the Cit!
27 24) No grading shall occur outside the limits of the subdiv: unless a letter of permission is obtained from the ownel 28 the affected properties.
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Prior to the issuance of a grading permit, the haul rout
shall be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted ar approved and a separate grading permit issued for the bc or disposal site if located within the city limits.
Grading standards shall be in conformance with, "MP-150( Calavera Hills Master Plan", Approval of CT 83-19 does authorize any exceptions or deviations from said Master
All slopes adjacent to property lines shall have slope ;
backs in conformance to City Standards.
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 L
neer.
The developer shall pay the current local drainage area prior to approval of the final map or shall construct dr age systems in conformance with the Master Drainage Plar City of Carlsbad Standards as required by the City Engir
13 30) The developer shall exercise special. care during the construction phase of this project to prevent any off-sj
14 siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/deter
15 basins of type, size and location as approved by the Cit Engineer. The basins and erosion control measures shall
16 shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prj 17 the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the i
18 served shall be protected by additional drainage facilit
slope erosion control measures and other methods requirc 19 approved by the City Engineer. The developer shall mair the temporary basins and erosion control measures for a 20 of time satisfactory to the City Engineer and shall guar their maintenance and satisfactory performance through c 21 deposit and bonding in amounts and types suitable to the
Engineer. 22
31) Direct access rights for all lots abutting College Boule 23 Tamarack Avenue and Glasgow Drive, excepting lots 111 th 134 inclusive shall be waived on the final map.
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32) The developer shall install the following improvements t satisfaction of the City Engineer. Alternatively, the developer may enter into an improvement agreement with t City in accordance with Section 66462 of the Subdivisior
Act and the Carlsbad Municipal Code to assure the time11
completion of the improvements unless otherwise noted he
All improvements shall have plans, specifications and
supporting documents prepared to the satisfaction of the
Engineer and shall be constructed or an improvement agrc shall have been provided by the developer prior to recox of a final map for the phase of the subdivision that saj
improvements serve. Said improvements shall be completc prior to the issuance of a Certificate of Occupancy or
occupancy of any structure located in the phase of the
subdivision for which they are located in. Any improven
completed by any other developer or agency to the satisi of the City Engineer prior to being required by these conditions shall be deemed to meet these conditions. TI improvements included are:
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All improvements shown on the tentative map, includj
private streets Street trees
Street lights, on and off site, along all streets required herein Storm drain facilities Domestic water facilities
Sanitary sewer facilities
Tamarack Avenue to collector street standards for it northerly half width plus a 12 foot lane on its sout
half College Boulevard to major arterial standards from : route 78 to the southerly line of 'this project Continuation of the storm drain serving street ''I" 1 storm drain in College Boulevard
Wheelchair ramps College Boulevard to major arterial standards from 1 southerly line of this project to Elm Avenue. Pavir median improvements may be omitted for one-half the of the street
Elm Avenue to secondary arterial standards from Coll
Boulevard to Tamarack Avenue. Paving may be reducec 28 feet in width with asphalt berms at the edges. Traffic signals at the southerly intersection of Col Boulevard and Tamarack Avenue. Signals shall be ins when the traffic warrants are met.
33) The minimum frontage of all lots, excepting only those ( knuckles and the interior of cul-de-sacs, shall be 40 fc
All sidewalks within this project shall be 5 feet wide exclusive of the top of curb.
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34) The developer shall secure dedication of all on and off- street right-of-way and slope and utility easements at t time of filing the final map that these conditions requi
underlaying improvements. Land for all public streets z easements shown on the tentative maps or accompanying ea
shall be granted to the city free and clear of all liens
width required by City standards. encumbrances. Rights-of-way so granted shall be to the
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Should the developer decide to final map and develop pha
out of numerical sequence with the approved phasing a5 E on the tentative map, all conditions required of the 10%
numbered phases shown on the tentative map shall be comr unless otherwise approved by the City Engineer and the I Use Planning Manager.
The developer shall comply with all the rules, regulatic
design requirements of the respective sewer and water as
regarding services to the project.
All private streets and private drainage systems shall b
maintained by the homeowner's association in perpetuity.
responsibility shall be clearly stated in the CC&R's.
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 k inspected by the city, and the standard improvement plan and inspection fees shall be paid prior to approval of t final map .
18 39) Prior to recordation of any final map for this developme the owner shall give written consent to the annexation o
existing City of Carlsbad Street Lighting and Landscapin
District No. 1 . 19 I area shown within the boundaries of the Tentative Map in
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40) 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
the City Council may impose new conditions and may revis existing conditions.
41) All private streets shall have 4.5 feet wide utility
easements located behind the sidewalks. All other easem
shall be no less than 15 feet wide. No portion of any structure shall be located on or over any easement.
42) Glasqow Drive and Tamarack Avenue shall be completed for
28 I) full-length within this project prior to occupancy of mo than 120 units within this project.
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The developer shall provide the City with a reproduciblc
copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditj
approval by the City. The map copy shall be submitted 1 City Engineer prior to improvement plan submittal.
Secondary access satisfactory to the City Engineer shal:
provided to all phases of this project in conformance wi Engineering Department's cul-de-sac policy. Where phase bisect streets, the full width improvements on that stre shall be constructed as part of the phase being develop€
Fill slopes at intersections shall be pulled back from t curb line to provide sight distance in conformance with standards.
Prior to approval of the final map the subdivider shall install, or agree to install and secure with appropriatc security as provided by law, improvements shown on the Tentative Map and the following improvements to City St; and to the satisfaction of the City Engineer. Plans, specifications and supporting documents for all improver shall be prepared to the satisfaction of the City Engine
Some improvements shown on the Tentative Map and/or requ
by these conditions are located off-site on property whi neither the City nor the subdivider has sufficient title
interest to permit the improvements to be made without
aquistion of title or interest. The subdivider shall co
to Section 20.16.095 of the Carlsbad Municipal Code.
l7 r All plans, specifications, and supporting documents for
improvements of this project shall be signed and sealed
18 Engineer in responsible charge of the work. Each sheet
be signed and sealed except that bound documents may be
19 I and sealed on their first page. Additionally the first li of each set of plans shall have the following certificat
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"DECLARATION OF RESPONSIBLE CHARGE
I hereby declare that I am the Engineer of Work for project, that I have exercised responsible charge over t design of the project as defined in Section 6703 of the Business and Prafessims Code, and that the design is consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a
only and does not relieve me, as Engineer of work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
8 II BY DATE
9 (Name of Engineer) =* L- R.C.E. NO.
11 Fire Department
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50) Additional public and/or on site fire hydrants shall be 14
in the City of Carlsbad Landscape Guidelines Manual. 13
49) Landscaping for open space areas adjacent to structures
quired if deemed necessary by the Fire Marshal.
15 51) The applicant shall submit two (2) copies of a site plan
16 showing locations of existing and proposed fire hydrants
17 Marshal.
conform to the Fire Protection Program requirements as s
on site roads and drives subject to the approval of the
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An all weather access road shall be maintained throughou construction.
All required fire hydrants, water mains and appurtenance
shall be operational prior to combustible building mater being located on the project site.
All fire alarm systems, fire hydrants, extinguishing sys
automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for ap prior to construction.
Fire retardant roofs shall be required on all structures
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Guidelines Manual. 26
56) Brush clearance shall be maintained according to the
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specifications contained in the City of Carlsbad Landsca
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PASSED, APPROVED AND ADOPTED at a regular meeting of
Planning Commission of the City of Carlsbad, California, held
the 1 lth day of July, 1984, by the following vote, to wit:
AYES: Chairman Rombotis, Commissioners Marcus,
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NOES : Commissioner Schlehuber. 6
Farrow, McFadden, Smith and Rawlins.
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ABSENT: None.
ABSTAIN: None.
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12 ATTEST : u LSBAD PLANNING COMMISSIOB
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