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HomeMy WebLinkAbout1984-09-12; Planning Commission; Resolution 2342a: ? fa 1 2 3 4 5 e e PLANNING COMMISSION RESOLUTION NO. 2342 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN 84-UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT ON 64.2 ACRES OF PROPERTY GENERALLY LOCATED IN THE NORTHWEST CORNER OF THE CALAVERA HILLS MASTER PLAN AREA. APPLICANT: CALAVERA HILLS COMPANY CASE NO: CT 83-18/PUD-55 6 7 WHEREAS, a verified application for certain proper{ wit: 8 9 A portion of Lot J of Rancho Agua Hedionda accordi; Map 823 filed November 16, 1896, 10 11 has been filed with the City of Carlsbad, and referred to t: Planning Commission; and 12 WHEREAS, said verified application constitutes a r 13 WHEREAS, the Planning Commission did, on the 12th 14 as provided by Title 21 of the Carlsbad Municipal Code; and relating to the Tentative Tract Map and Planned Unit Develc 20 i desiring to be heard, said Commission considered all factor 19 considering all testimony and arguments, if any, of all per 18 WHEREAS, at said public hearing, upon hearing and 17 by law to consider said request; and 16 September, 1984, hold a duly noticed public hearing as pres 15 21 NOW, THEREFORE , BE IT HEREBY RESOLVED by the Planl! 22 A) That the above recitations are true and correct. 23 Commission as follows: 24 25 26 27 28 B) That based on the evidence presented at the public he; the Commission hereby recommends APPROVAL of CT 83-18/ based on the following findings and subject to the fol conditions: //// //// ,' 1 2 3 4 5 6 0 e Findings: 1) The project is consistent with the City's general plan the proposed density of 1.30 du's/acre is within the de range of 0-1.5 du's/acre specified for the site as indi on the land use element of the general plan. 2) The site is physically suitable for the type and densit the development since the site is adequate in size and to accommodate residential development at the density F posed. The project is consistent with all City public facility 71i 3, icies and ordinances since: 8 9 10 11 12 13 14 15 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 Cour 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 prc unless the City Engineer determines that sewer sen available, and building cannot occur within the prc unless sewer service remains available, and the Pli Commission is satisfied that the requirements of tk public facilities element of the general plan have met insofar as they apply to sewer service for thiE project. 16 b) The Carlsbad School District has written a letter, 17 July 29, 1983, stating that school facilities will available to this project. l8 I 19 I 20 21 22 23 24 c) The applicant will provide park land or pay park-ir fees as required Chapter 20.44 and by the Calavera Master Plan prior to final map approval. 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 in( of an appropriate condition to pay a public facilil fee. Performance of that contract and payment of i will enable this body to find that public facilitic be available concurrent with need as required by tl general plan . 25 4) The proposed project is consistent with the City's Plal 26 Development Ordinance and also complies with the Desigi Guidelines Manual. 27 //// I1 28 PC RES0 NO. 2342 -2- 1 ., '1 I/ 0 0 I1 1 5) The proposed project is compatible with the surrounding land uses since surrounding properties are designated fl 2 residential development on the general plan. 3 6) This project will not cause any significant environment Planning Commission on September 12, 1984. impacts and a Negative Declaration has been issued by t 4 Use Planning Manager on August 7, 1984 and approved by 5 11 Conditions: 6 7 1) Approval is granted for CT 83-18/PUD-55, as shown on Ex and on file in the Land Use Planning Office. Developme these conditions. 11 A11 - II E 11 , dated September 12, 1984, incorporated by re a shall occur substantially as shown unless otherwise not 9 2) This project is approved upon the express condition tha 10 available to serve the subdivision. 11 final map shall not be approved unless the City Council as of the time of such approval that sewer service is 12 13 14 15 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 such sewer permits and will continue to be available un time of occupancy. This note shall be placed on the fi map. 16 17 4) 18 19 20 21 22 23 24 5) This project is approved upon the express condition th; 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, ar according to the agreement executed by the applicant fc payment of said fee, a copy of that agreement, dated Jc 1983, is on file with the City Clerk and incorporated i- by reference. If said fee is not paid as promised, thi application will not be consistent with the General P1; approval for this project shall be void. The applicant shall pay park-in-lieu fees or dedicate E land to the City, prior to the approval of the final mz required by the Calavera Hills Master Plan and by Chapt 20.44 of the Carlsbad Municipal Code. Such dedication land shall include Village E-2 as provided by the Calal Hills Master Plan. 25 26 27 28 6) The City is defending two lawsuits which seek to collec damages and reimbursement for the cost of constructing Tamarack Avenue from El Camino Real to the boundaries ( Lake Calavera Hills master plan area (MP-l50(A) as sucl boundaries existed prior to the amendment made by Mastt Amendment, 150(D). The City believes these cases are T merit and that no damages or reimbursements are owed. II PC RES0 NO. 2342 -3- 1 &I !I e e 1 16) Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. Lo Manager. 2 to Building Department Policy No. 80-6, to the satisfac 5 architecturally integrated and shielded from view and t 4 3 of said receptacles shall be approved by the Land Use P 17) All roof appurtenances, including air conditioners, sha sound buffered from adjacent properties and streets, pu the Land Use Planning Manager and Building and Planning 6 18) The applicant shall grade, pave, landscape, and constru 7 Director. Said parking area shall be completed to the satisfacti acre recreational vehicle parking area near the existi a the City Engineer and the Land Use Planning Manager pri 9 sewer plant as provided in the Calavera Hills Master P1 occupancy of any units in Village 'HI. 10 11 12 commencement of any clearing or grading of the site. Engineering Conditions: 19) The developer shall obtain a grading permit prior to tk 13 14 20) 15 16 17 18 19 21 20 22 23 24 25 26 27 28 21) 22) 23) 24) 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 coordinatc inspection and testing to insure compliance of the work the approved grading plan, submit required reports to I Engineer and verify compliance with Chapter 11.06 of tk 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 correctj measures as actually constructed and must be based on i tour map which represents both the pre and post site g~ This plan shall be signed by both the soils engineer a1 engineering geologist. The plan shall be prepared on i or similar drafting film and shall become a permanent 1 No grading shall occur outside the limits of the subdiy unless a letter of permission is obtained from the ownt the affected properties. A separate grading plan shall be submitted and approve( separate grading permit issued for the borrow or dispo! if located within the city limits. All slopes within this project shall be no steeper tha~ Excepting only that the slopes immediately adjacent to Avenue shall be no steeper than 1.8:l. Notes 6 and 7 ( tentative map are specifically not approved. In addit: Chapter 11 of the Carlsbad Municipal Code, the develop( conform to the grading standards of the Calavera Hills Plan (MP-l50(F). IbC RESO NO. 2342 -5- ,a Lb 0 0 1 2 3 4 5 6 7 7) However, if reimbursement or damages are ordered, award established, this applicant as the owner of property benefitted by the road, prior to obtaining a final map the subject property, shall execute an agreement with t City whereby the applicant covenants to pay its proport share of any reimbursement or damages, ordered, awarded established as a result of these or other similar lawsu 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 8) Water shall be provided to this project pursuant to the 8 Service agreement between the City of Carlsbad and the Real Water District, dated May 25, 1983. 9 10 Land Use Planning Conditions: 9) The applicant shall prepare a reproducible mylar of the site plan shall be submitted to and approved by the Lar 11 Planning Manager prior to the issuance of building pern 12 site plan incorporating the conditions contained hereir 13 15 CC&Ros shall be submitted to and approved by the Land C 14 10) The applicant shall establish a homeownerOs associatior 11) The applicant shall prepare a detailed landscape and ir 16 tion plan which shall be submitted to and approved by t Use Planning Manager and reviewed by the Planning Commi Commission shall review the plan to ensure that the Euc 18 trees on the site shall be preserved wherever possible 19 that those that are removed shall be replaced on a one basis. 20 12) A 500' scale map of the subdivision shall be submitted 21 Land Use Planning Manager prior to the recordation of I final map. Said map shall show all lots and streets wj corresponding covenants, conditions and restrictions. Planning Manager prior to final map approval. 17 prior to the issuance of building permits. The Plannir 22 /I and adjacent to the project. 23 13) All landscaped areas shall be maintained in a healthy i thriving condition, free from weeds, trash, and debris< 24 14) A pedestrian trail from the southern extent of the devt 25 area to the pedestrian tunnel under Tamarack Avenue shz provided and maintained. Such trail shall be shown on detailed landscape plans, subject to approval by the Lz 26 Planning Manager. 27 15) Any signs proposed for this development shall be desigl conformance with the City's Sign Ordinance and shall r( 28 review and approval of the Land Use Planning Manager p: installation of such signs. PC RES0 NO. 2342 -4- .. I' I/ 0 0 a 16) 2 3 4 5 6 17) Trash receptacle areas shall be enclosed by a six-foot . masonry wall with gates pursuant to City standards. Lo of said receptacles shall be approved by the Land Use P Manager All roof appurtenances, including air conditioners, sha architecturally integrated and shielded from view and t 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. 7 8 9 10 11 12 , 18) The applicant shall grade, pave, landscape, and constru acre recreational vehicle parking area near the existi sewer plant as provided in the Calavera Hills Master P1 Said parking area shall be completed to the satisfacti the City Engineer and the Land Use Planning Manager pri occupancy of any units in Village 'HI. Engineering Conditions: 19) The developer shall obtain a grading permit prior to th commencement of any clearing or grading of the site. 13 15 14 20) 16 17 18 19 20 21 22 21) 22) 23 24 25 26 27 28 23) 24) 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 Engineer and verify compliance with Chapter 11.06 of th 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 E tour map which represents both the pre and post site gr This plan shall be signed by both the soils engineer ar engineering geologist. The plan shall be prepared on i or similar drafting film and shall become a permanent I No grading shall occur outside the limits of the subdi\ unless a letter of permission is obtained from the own6 the affected properties. A separate grading plan shall be submitted and approvec separate grading permit issued for the borrow or dispos if located within the city limits. All slopes within this project shall be no steeper thar Excepting only that the slopes immediately adjacent to Avenue shall be no steeper than 1.8:l. Notes 6 and 7 c tentative map are specifically not approved. In additj Chapter 11 of the Carlsbad Municipal Code, the develop( conform to the grading standards of the Calavera Hills Plan (MP-l5O(F). //PC RES0 NO. 2342 -5- ,\ II e 0 1 2 3 4 5 6 7 25) 26) 8 9 10 11 12 13 14 15 16 Prior to hauling dirt or construction materials to any proposed construction site within this project the deve shall submit to and receive approval from the City Engi for the proposed haul route. The developer shall compl all conditions and requirements the City Engineer may i with regards to the hauling operation. In accordance w Section 11.06.230 of the City of Carlsbad Municipal Cod developer shall pay twice the grading fee that would without a grading permit shall be removed and the site prepared to the satisfaction of the City Engineer. The developer shall exercise special care during the construction phase of this project to prevent any off-e siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/dete basins of type, size and location as approved by the Ci 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 pr the start of any other grading operations. Prior to tl: removal of any basins or facilities so constructed the served shall be protected by additional drainage facilj slope erosion control measures and other methods requir approved by the City Engineer. The developer shall maj the temporary basins and erosion control measures for i of time satisfactory to the City Engineer and shall guz their maintenance and satisfactory performance through deposit and bonding in amounts and types suitable to tk Engineer. otherwise be due for this project. All fill dirt place 17 27) Additional drainage easements and drainage structures I Department of Sanitation and Flood Control or the City 18 provided or installed as may be required by the County neer. 19 28) The developer shall pay the current local drainage arei age systems in conformance with the Master Drainage P1i 20 City of Carlsbad Standards as required by the City Eng. 21 prior to approval of the final map or shall construct I 22 29) The developer shall construct desiltation/detention ba! Engineer. The developer shall enter into a desiltatiol 23 a type and size and at locations as approved by the Ci. maintenance agreement and submit a maintenance bond 24 satisfactory to the City Engineer prior to the approva. final map for this project. Each desiltation basin shq 25 serviced by an all weather access/maintenance road. T: provisions of this agreement shall apply to any off-si, 26 borrow sites which may be utilized in the construction project as required by the City Engineer. 27 30) The owner of the subject property shall execute a hold 28 harmless agreement regarding drainage across the adjac property prior to approval of the final map. PC RES0 NO. 2342 -6- I! I r. II 0 0 1 /I A 31) Land for all public streets and easements shown on the granted to city free and clear of all liens and encum- 2 brances. Easements shall be no less than 15 feet wide. 3 tative map shall be dedicated on the final map and shal 4 6 5 32) 7 8 9 10 11 12 13 14 33) 34) Direct access rights for all lots abutting Elm Avenue s waived on the final map, except that access may be gain the site via the private street entrances shown on the tentative map. The developer shall construct private street accesses t public streets in such a way as to clearly designate th private streets are not a portion of the public street system. The developer shall place a plaque-type sign w the legend, "private street beyond this point, right to revocable to non-tenants at any time," at the access pc private streets from public streets. The script on th shown above with capital letters shall be of size and contrast such as to be readable for a normally sighted at a distance of 20 feet. The provisions of this condi shall be satisfied to the satisfaction of the City Engi prior to issuance of a Certificate of Occupancy for any portion of this project. The access route to the RV Parking area is specifically approved . 15 16 35) 1'7 18 19 20 21 22 23 24 25 26 27 36) The street cross-sections shown on the tentative map ar specifically not approved. All streets having 12 perm grades or steeper shall have Portland cement concrete I surfaces with heavy broom finish constructed to the satisfaction of the City Engineer. Private street widt shall be in conformance with the provisions of Chapter the Carlsbad Municipal Code. Private streets shall be to provide a minimum 4.50 feet wide parkway behind the improvements otherwise required. The parkway shall be at two percent. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of 1 Engineer. Prior to approval of the final map, the Sub( shall install, or agree to install and secure with app~ security as provided by law, improvements shown on the tentative map and the following improvements to City Si to the satisfaction of the City Engineer: a) Elm Avenue along it's frontage with the project to conform with City of Carlsbad drawing number 231-2, There may be a difference in elevation between the and south lanes and at the Land Use Planning Managl City Engineer's discretion, the median island and of-way widths may be varied to preserve existing t 28 PC RES0 NO. 2342 -7- . ., . 1 2 3 4 5 6 7 a 9 10 0 0 b) Protective traffic warning devices at, and warning j the point of the median islands. c) Storm drain facilities assuring non-inundation cond: during a 100 year storm for the Calavera Hills Sewac Treatment Plant. This item shall pertain to on-site improvements only. d) Tamarack Avenue within the project to full width sec arterial street standards. e) Victoria Avenue within the project to full width co. street standards. f) Sanitary Sewers g) Pedestrian access from the sidewalk along the north' side of Tamarack Avenue to the pedestrian underpass Tamarack Avenue. 111/ h) Storm drain outfall lines in Lot 1 shall be extende l2 I! 13 14 15 16 1'7 19 I.8 11 2o I the bottom of the gully unless otherwise approved b City Engineer and Land Use Planning Manager. ~ i) Tamarack Avenue adjacent to Village E-2 to one-half plus a 12 foot wide lane to secondary arterial stre standards unless otherwise approved by the City Eng and Land Use Planning Manager. j) Elm Avenue adjacent to Village E-2 to one-half widt full median improvements to major arterial street standards unless otherwise approved by the City Eng and Land Use Planning Manager. k) Glasgow Street adjacent to Village E-2 to one-half plus a 12 foot wide lane to collector street standa unless otherwise approved by the City Engineer and Use Planning Manager. 21 37) The developer shall comply with all the rules, regulati and design requirements of the respective sewer and wat 22 agencies regarding services to the project. 23 24 38) 25 26 27 39 1 The design of all private streets and drainage systems be approved by the City Engineer prior to approval of t final map. The structural section of all private strec shall conform to City of Carlsbad Standards based on R- tests. All private streets and drainage systems shall inspected by the city, and the standard improvement ple and inspection fees shall be paid prior to approval of final map. All private streets and drainage systems shall be main1 281 - by the homeowner's association in perpetuity. This responsibility shall be clearly stated in the CC&R' so C RES0 NO. 2342 -8- . ,< . >. il 0 0 1 40) All private driveways shall be kept clear of parked veh Away Zone" pursuant to Section 17.04.040, Carlsbad Munil 2 3 at all times, and shall have posted "NO Parking/Fire La1 Code. 4 5 41) 7 6 8 9 10 11 12 13 14 42) Some improvements shown on the Tentative Map and/or req by these conditions are located off-site on property wh neither the City nor the subdivider has sufficient tit1 interest to permit the improvements to be made without aquistion of title or interest. The subdivider shall c to Section 20.16.095 of the Carlsbad Municipal Code. All plans, specifications, and supporting documents for improvements of this project shall be signed and sealed Engineer in responsible charge of the work. Each sheet be signed and sealed, except that bound documents may k signed and sealed on their first page. Additionally th sheet of each set of plans shall have the following certificate: "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for thi project, that I have exercised responsible charge over design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. 15 16 17 18 19 20 21 22 23 i I understand that the check of project drawings and specifications by the City of Carlsbad is confined to i only and does not relieve me, as Engineer of Work, of n responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Address: City, St.: Telephone: BY Date : (Name of Engineer) 2411 R.C.E. NO. # 25 43) The developer shall provide the City with a reproducib: 26 copy of the tentative map as approved by the Planning PC RES0 NO. 2342 -9- 28 City Engineer prior to improvement plan submittal. 27 approval by the City. The map copy shall be submitted Commission. The tentative map shall reflect the condi. ", ,f L .a I1 0 0 1 2 3 4 5 6 7 8 9 44) Prior to recordation of any final map for this developme the owner shall give written consent to the annexation c area shown within the boundaries of the Tentative Map ir existing City of Carlsbad Street Lighting and Landscapir District No. 1. 45) Approval of this tentative tract map shall expire twentl months from the date of City Council approval unless a i map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied i discretion of the City Council. In approving an extens: the City Council may impose new conditions and may revi: existing conditions . Fire Conditions: - i! 46) Additional public and/or on site fire hydrants shall be 10 quired if deemed necessary by the Fire Marshal. 11 12 13 14 4 7) The applicant shall submit two (2) copies of a site pla showing locations of existing and proposed fire hydrant on site roads and drives subject to the approval of the Marshal . 148) An all weather access road shall be maintained through0 construction. 15 49) All required fire hydrants, water mains and appurtenanc being located on the project site. 16 shall be operational prior to combustible building mate 1'7 50) All private driveways shall be kept clear of parked vet at all times, and shall have posted "NO Parking/Fire Lz 18 Away Zone" pursuant to Section 17.04.040, Carlsbad Munj Code. 19 20 21 of 30 feet to each residence. 22 53) All fire alarm systems, fire hydrants, extinguishing s: automatic sprinklers, and other systems pertinent to tl 23 project shall be submitted to the Fire Department for prior to construction. 24 25 51) Fire retardant roofs shall be required on all structure 52) Brush clearance shall be maintained within a minimum d: //// I///// 26 27 /I//// I///// 28 PC RES0 NO. 2342 -1 0- 4 ' '. ,' A' * 0 1 2 PASSED, APPROVED AND ADOPTED at a regular meeting ol Planning Commission of the City of Carlsbad, California, bel( 3 lithe 12th day of September, 1984, by the following vote, to 4 ((wit: 5 6 AYES : Chairman Rombotis, Commissioners Marcus, Farrow, McFadden and Smith. 7 8 NOES : Commissioner Schlehuber. ABSENT: None. 9 10 11 12 ABSTAIN : None . 13 IIATTEST: 14 15 \\LAND USE PLANNING MANAGER 16 17 18 19 20!i 21 22 23 24 25 26 27 28 PC RES0 NO. 2342 -1 1- I1 I1