HomeMy WebLinkAbout1984-09-26; Planning Commission; Resolution 2352# 0 e
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PLANNING COMMISSION RESOLUTION NO. 2352
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 600-UNIT TENTATIVE TRACT MAP AND
PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY
LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON,
APPLICANT : BATIQUITOS BLUFF
CASE NO: CT.84-25/PUD-72
WHEREAS, a verified application for certain propc
BETWEEN 1-5 AND THE ATG~SF RAILROAD.
wit:
That portion of the South Quarter of the Sou Quarter of Section 28, Township 12 South, Range 1 San Bernardino Base and Meridian, in the County
Diego, State of California,
has been filed with the City of Carlsbad, and referred
Planning Commission: and
WHEREAS, said verified application constitutes a
as provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did, on the 26th
September, 1984, hold a duly noticed public hearing as pr
by law to consider said request: and
WHEREAS, at said public hearing, upon hear.
considering all testimony and arguments, if any, of all
desiring to be heard, said Commission considered all
relating to the Tentative Tract Map and Planned Unit Develo
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public the Commission hereby recommends APPROVAL of CT 84-25
based on the following findings and subject to the f
conditions:
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1 Findings: II
2 1) The project is consistent with the City's general pl:
the proposed density of 15.0 du's/acre is within the
on the land use element of the general plan and is j: 3
for the following reasons: 4
range of 10-20 du's/acre specified for the site as i~
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a) The proposed density is compatible with the der adjacent existing or approved projects.
b) The project is well designed in terms of circ
parking and on-site amenities. i c) The project is located near the beach and will aff site recreational opportunities.
2) The site is physically suitable for the type and del
the development since the site is adequate in size a
to accommodate residential development at the densj
posed.
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3) The project is consistent with all City public facil
appropriate condition to this project, insured . 14 final map will not be approved unless the City
15 finds that sewer service is available to se
project. In addition, the Planning Commission has 16 condition that a note shall be placed on the f
that building permits may not be issued for the 17 unless the City Engineer determines that sewer se
available, and building cannot occur within the
18 unless sewer service remains available, and the
Commission is satisfied that the requirements
met insofar as they apply to sewer service i
project.
icies and ordinances since:
a) The Planning Commission has, by inclusion
19 public facilities element of the general plan h,
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b) The Carlsbad School District has written a lette June 4, 1984, stating that school facilities available to this project.
c) Park-in-lieu fees are required as a condition
proval .
d) All necessary public improvements have been pro'
will be required as conditions of approval.
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e) The applicant has agreed and is required by the i
of an appropriate condition to pay a public fa
fee. Performance of that contract and payment of
will enable this body to find that public facilit
be available concurrent with need as required general plan.
PC RES0 NO. 2352 -2-
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4) The proposed project is consistent with the City's
Development Ordinance and also complies with the
Guidelines Manual.
5) The proposed project is compatible with the surroundinc land uses since surrounding properties are designa
residential development on the general plan. It also
an adequate buffer between the project and the environi
sensitive Batiquitos Lagoon.
6) This project will not cause any significant envir,
impacts and a Negative Declaration has been issued by
Use Planning Manager on August 27, 1984 and approvec
Planning Commission on September 26, 1984.
Conditions:
1) Approval is granted for CT 84-25/PUD-72, as shown on
"A" - "G", dated August 8, 1984, incorporated by refer
on file in the Land Use Planning Office. Developme] occur substantially as shown unless otherwise noted
conditions.
2) This project is approved upon the express condition
final map shall not be approved unless the City Counc
as of the time of such approval that sewer ser available to serve the subdivision.
3) This project is approved upon the express conditi
building permits will not be issued for development
subject property unless the City Engineer determir
sewer facilities are available at the time of applica such sewer permits and will continue to be availab: time of occupancy. This note shall be placed on tl map.
4) This project is approved upon the express condition
applicant shall pay a public facilities fee as reql
City Council Policy No. 17, dated April 2, 1982, on f
the City Clerk and incorporated herein by referer
according to the agreement executed by the applic payment of said fee, a copy of that agreement, dated
1984, is on file with the City Clerk and incorporate
by reference. If said fee is not paid as promisc
application will not be consistent with the General
approval for this project shall be void.
5) The applicant shall pay park-in-lieu fees to the Cit
to the approval of the final map as required by Chapt
of the Carlsbad Municipal Code.
6) Approval of this request shall not excuse compliance sections of the Zoning Ordinance and all other applica
ordinances in effect at time of building permit issuan
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1 Land Use Planning Conditions: I/
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The applicant shall prepare a reproducible mylar of tE
site plan incorporating the conditions contained hereil
site plan shall be submitted to and approved by the I
Planning Manager prior to the issuance of building per1
The applicant shall establish a homeowner's associat
corresponding covenants, conditions and restrictions
CC&R's shall be submitted to and approved by the L
Planning Manager prior to final map approval.
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Use Planning Manager prior to the issuance of : 8
9) The applicant shall prepare a detailed landscape and
tion plan which shall be submitted to and approved by
permits.
10) A 500' scale map of the subdivision shall be submittec
final map. Said map shall show all lots and streets 10
and adjacent to the project. 11
Land Use Planning Manager prior to the recordation
12 11) All landscaped areas shall be maintained in a heal
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thriving condition, free from weeds, trash, and debris
12) Any signs proposed for this development shall be des:
14 conformance with the City's Sign Ordinance and shall
review and approval of the Land Use Planning Manager :
15 installation of such signs-
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13) Any trash receptacle areas shall be enclosed by a
high masonry wall with gates pursuant to City st
Location of said receptacles shall be approved by the : Planning Manager-
14) All roof appurtenances, including air conditioners,
architecturally integrated and shielded from view
sound buffered from adjacent properties and streets,
to Building Department Policy No. 80-6, to the satisfa the Land Use Planning Manager and Building and
Director.
~ 22 15) A six-foot high decorative noise attenuation wall c
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design approval of the Land Use Planning Manage eastern property line adjacent to the freeway suk 23
sound attenuation measure shall be constructed a1
that interior sound levels do not exceed a level of 45
addition, sound attenuation measures shall be provic
25 any units. If the existing berm along the east
Avenida Encinas is removed because of the constructio
26 road, the developer shall replace the berm with attenuation wall prior to final occupancy of any units
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16) All units with private garages shall be equipp
28 automatic garage door openers.
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17) Archaeological testing, evaluation, and mitigat
described on Page 42 of the Seabluff Environmental
Report shall be completed prior to obtaining a gradin!
for the project.
Engineering Conditions:
18) The developer shall obtain a grading permit prior
commencement of any clearing or grading of thc
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20)
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The grading for this project is defined as "controllc
ing" by Section 11.06.170(a) of the Carlsbad Municipi
Grading shall be performed under the observation of
engineer whose responsibility it shall be to coordini
inspection and testing to insure compliance of the wt
the approved grading plan, submit required reports to
Engineer and verify compliance with Chapter 11.06
Carlsbad Municipal Code.
Upon completion of grading, the developer shall insure
"as-graded" geologic plan shall be submitted to t Engineer. The plan shall clearly show all the gec exposed by the grading operation, all geologic co
measures as actually constructed and must be based 01 tour map which represents both the pre and post site
This plan shall be signed by both the soils engineer
engineering geologist. The plan shall be prepared on or similar drafting film and shall become a permanent
No grading shall occur outside the limits of the sub
unless a letter of permission is obtained from the 01
the affected properties.
A separate grading plan shall be submitted and approv separate grading permit issued for the borrow or dispo
if located within the city limits.
All slopes within this project shall be no steeper t'
Prior to hauling dirt or construction materials
proposed construction site within this project the d
shall submit to and receive approval from the City
for the proposed haul route. The developer shall com
all conditions and requirements the City Engineer ma:
with regards to the hauling operation.
24 25) The developer shall exercise special care dur:
construction phase of this project to prevent any 25 siltation. The developer shall provide erosion measures and shall construct temporary desiltation/d 26 basins of type, size and location as approved by 1
Engineer. The basins and erosion control measures 27 shown and specified on the grading plan and s constructed to the satisfaction of the City Engineer 28
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the start of any other grading operations. Prior
removal of any basins or facilities so constructed t
served shall be protected by additional drainage fac.
slope erosion control measures and other methods reql
approved by the City Engineer. The developer shall 1
the temporary basins and erosion control measures for
of time satisfactory to the City Engineer and shall g.
their maintenance and satisfactory performance throl: deposit and bonding in amounts and types suitable to .
Engineer.
26) Additional drainage easements and drainage structures
provided or installed as may be required by the
Department of Sanitation and Flood Control or the Cii
neer.
27) The developer shall construct desiltation/detention bi
a type and size and at locations as approved by t
Engineer. The developer shall enter into a desiltatic
maintenance agreement and submit a maintenanc satisfactory to the City Engineer prior to the approva
final map for this project. Each desiltation basin I serviced by an all weather access/maintenance road provisions of this agreement shall apply to any
borrow sites which may be utilized in the construction
project as required by the City Engineer.
28) The owner of the subject property shall execute harmless agreement regarding drainage across the
property prior to approval of the final map.
29) Land for all public streets and easements shown on .
tative map and required by these conditions shall be d
on the final map and shall be granted to city free a:
of all liens and encumbrances.
19 I 30) Note 2 on the tentative map is specifically not approv
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31) Direct access rights for all lots abutting
Encinas shall be waived on the final map. Avenida :
may be accessed by the two driveways (private streets on the approved tentative map.
32) Sight distance at curves and intersections sha:
maintained in accordace with City standards.
33) The developer shall construct private street acce public streets in such a way as to clearly designate
private streets are not a portion of the public street
The developer shall place a plaque-type sign with the
"PRIVATE STREET BEYOND THIS POINT, right to pass rev0
non-tenants at anytime," at the access point to streets from public streets. The script on the sic above shall be of a size and contrast such as to be 1 PC RES0 NO. 2352 -6-
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for a normally sighted person at a distance of 20 fee
provisions of this condition shall be satisfied
satisfaction of the City Engineer prior to issuanc
Certificate of Occupancy for any portion of this projet
34) The following improvements shall be completed tc
satisfaction of the City Engineer prior to issuance
first Certificate of Occupancy of the phase under whil
are listed:
6 I1 Phase I 'a)vate Street "A" to full width for its
7 southwesterly portion as shown on the tentative ma
b) Avenida Encinas to full width secondary arterial s
8 from the southwest corner of the Smith/Jewett
adjacent to Interstate 5 to and including the
foot curb to curb width and an asphalt curb sub
10 for the curb and gutter as a temporary measure.
time as the City Engineer shall determine, the dl
11 shall construct full width secondary arterial
improvements as required herein. The develope
12 maintain satisfactory bonds until such time
improvements are constructed or a final determin;
13 the City Council that said portion of Avenida
shall be a collector street. Upon such a determin
14 the City Council, the developer shall complete
Encinas to full width collector street standards. 15 c) Private Street 'B" to full width for its entire 11
shown on the tentative map.
16 d) Private Street "A" to full width between the
private Street "B"
17 e) Water main in the northeasterly portion of privati
'I A"
18 f) Storm drains that serve Phase I and the accef
thereto to their points of discharge as shown
tentative map and as required by the City Engineer
g) An all weather access road to the detention/des
h) Private Street "A" to full width along its front;
i) Undesignated private streets and driveways that sc
9 site, except that the street may be constructed w.
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interior of the lots of this phase. 22
Lot 72. 21
basin at the westerly side of the project.
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Phase I1
a) The remaining portion of private Street "A" to ful
b) Undesignated private streets and driveways that se
c) The remaining portion of Avenida Encinas from its
as shown on the tentative map.
interior of the lots of this phase.
intersection with "A" Street to Carlsbad Boulevard
that the street may be constructed with a 40 foot curb width and an asphalt curb substituted for 1 and gutter as a temporary measure. At such time
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City Engineer shall determine, the develope]
construct full width secondary arterial
improvements as required herein. The develope
maintain satisfactory bonds until such time
improvements are constructed or a final determini
the City Council that said portion of Avenida
shall be a collector street. Upon such a determin
the City Council, the developer shall complete
Encinas to full width collector street standards.
The most northwesterly driveway in Lot 73 shall be
with the driveway across the street.
All drainage structures not serving the public righ
shall be private and shall be maintained by the hom
association.
Plans, specifications, and supporting documents
improvements shall be prepared to the satisfaction of
Engineer. Prior to approval of the final map, the Su
shall install, or agree to install and secure with app
security as provided by law, improvements shown
tentative map and the following improvements to City S
to the satisfaction of the City Engineer:
a) All public streets shown within the perimeter subdivision.
b) All public streets and facilities listed in the p:
condition that are not otherwise constructed at SI
as the developer elects to record each successive j
c) Sanitary sewers.
d) Domestic water mains.
e) Temporary traffic control facilties such as: b,
cul-de-sacs, striping, warning signs, asphalt
street transition sections and warning devices.
The developer shall comply with a11 the rules, regulat design requirements of the respective sewer and water
regarding services to the project.
Should the developer decide to final map and deVelOE
out of numerical sequence with the approved phasing i on the tentative map all conditions required of the prt phases shall be completed unless otherwise approved
City Engineer and the Land Use Planning Manager.
The design of all private streets and drainage syster:
be approved by the City Engineer prior to approval
final map. The structural section of all private
shall conform to City of Carlsbad Standards based on
tests. All private streets and drainage systems E inspected by the city, and the standard improvement pl8 and inspection fees shall be paid prior to approval final map.
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1 41) All private streets and drainage systems shall be ma:
by the homeowner's association in perpetuity. This
2 sibility shall be clearly stated in the CC&R' s.
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42) All private driveways shall be kept clear of parked
at all times, and shall have posted "NO Parking/Fire 1
Away Zone" pursuant to Section 17.04.040, Carlsbad M
Code.
43) All plans, specifications, and supporting documents
improvements of this project shall be signed and sealei
Engineer in responsible charge of the work. Each she1
be signed and sealed, except that bound documents
signed and sealed on their first page. Additionally t'
sheet of each set of plans shall have the fl
certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work i
project, that I have exercised responsible charge c
design of the project as defined in Section 6703
Business and Professions Code, and that the de
consistent with current standards.
I understand that the check of project drawir
specifications by the City of Carlsbad is confined to
only and does not relieve me, as Engineer of Work
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address :
City, St.:
Telephone:
BY Date : (Name of Engineer)
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23 44) The developer shall provide the City with a reproc
Commission. The tentative map shall reflect the condi 24 mylar copy of the tentative map as approved by the
approval by the City. The map copy shall be submittel 25 City Engineer prior to improvement plan submittal.
26 45) Prior to recordation of any final map for this deve
27 the owner shall give written consent to the annexatio
area shown within the boundaries of the Tentative Map
existing City of Carlsbad Street Lighting and Landscap 28 District No. 1.
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46) The developer shall agree to participate in the form?
and shall participate in an assessment or other dist
may be satisfactory to the City of Carlsbad Council
the design and construction of improvements f
Poinsettia/I-5 Interchange and signalization and imprc
to adjacent streets.
Fire Conditions:
47) Additional public and/or on site fire hydrants shall quired if deemed necessary by the Fire Marshal.
48) The applicant shall submit two (2) copies of a si
showing locations of existing and proposed fire hydr:
on site roads and drives subject to the approval of '
Marshal.
49) An all weather access road shall be maintained th
construction.
50) All required fire hydrants, water mains and appur
shall be operational prior to combustible building m
being located on the project site.
51) Adequate emergency vehicle turn-arounds shall be provi cul-de-sac or a hammerhead when driveway is more than
deep from property line at street.
52) All driveways shall be extended to within 150 feet
portions of the exterior walls of the first story
building.
53) Fire retardant roofs shall be required on all structur
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PASSED, APPROVED AND ADOPTED at a regular meeting c
Planning Commission of the City of Carlsbad, California, he:
the 26th day of September, 1984, by the following vote, to I
AYES : Chairman Rombotis, Commissioners Farrow,
Schlehuber, McFadden, Smith and L ' Heureu:
NOES: None.
ABSENT: Commissioner Marcus.
ABSTAIN: None.
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