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HomeMy WebLinkAbout1984-12-12; Planning Commission; Resolution 2349e 0 1 2 3 4 5 6 7 8 9 PLANNING COMMISSION RESOLUTION NO. 2349 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY LOCATED BETWEEN CARLSBAD BOULEVARD AND THE AT&SF RAILROAD AT ANACAPA ROAD . APPLICANT: SO CAL DEVELOPMENT CASE NO: CT 84-ll/CP-283 WHEREAS, a verified application for certain propert wit: Portions of Lots 1 and 2 in Fractional Section 20, Township 12 South, Range 4 West, San Bernardino Mer in the City of Carlsbad, in the County of San Diegc of California ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 1 I 1 ) I 1 , has been filed with the City of Carlsbad, and referred to tl 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 26th September, 1984, and again on the 12th day of December, 1981 duly noticed public hearing as prescribed by law to considel request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all per: desiring to be heard, said Commission considered all factor! relating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann: Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hea, the Commission recommends APPROVAL of CT 84-ll/CP-283, on the following findings and subject to the following conditions: 28 //// e * 1 Findings: IC-” 2 4 3 1) 7 6 2) 5 8 3) 9 10 11 12 13 14 15 16 17 18 19 I The project is consistent with the City’s general ‘plan : the large amount of unbuildable acreage on the site jus’ the proposed density of 9.8 du’s/acre which is below thc density range of 10-20 du’s/acre specified for the site indicated on the land use element of the general plan. 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 posed . The project is consistent with all City public facility icies and ordinances since: 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 Counc finds that sewer service is available to serve the project. In addition, the Planning Commission has q condition that a note shall be placed on the final 1 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 Plal Commission is satisfied that the requirements of thc public facilities element of the general plan have I met insofar as they apply to sewer service for this project. b) The Carlsbad School District has written a letter, ( March 22, 1984, stating that school facilities will available to this project. c) Park-in-lieu fees are required as a condition of aps proval. 20 21 22 23 24 d) All necessary public improvements have been providec will be required as conditions of approval. 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 tl will enable this body to find that public facilitie! be available concurrent with need as required by thl general plan. 25 4) The proposed project is consistent with the City’s Plan] 27 Guidelines Manual. 26 Development Ordinance and also complies with the Design residential development on the general plan. 28 land uses since surrounding properties are designated fc 5) The proposed project is compatible with the surrounding PC RES0 NO. 2349 -2- a 0 1 2 3 4 5 6 7 8 9 6) This project will not cause any .significant environmenf impacts and a Negative Declaration has been issued by . Use Planning Manager on July 31, 1984 and approved by ' Planning Commission on December 12, 1984. Conditions 1 ) Approval is granted for CT 84-ll/CP-283, as shown on Ea "A" I aB" and "C", dated November 21, 1984, incorporatet 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 tht 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. 10 3) This project is approved upon the express condition tha building permits will not be issued for development of sewer facilities are available at the time of applicati time of occupancy. This note shall be placed on the fi 11 map . 13 such sewer permits and will continue to be available un 12 subject property unless the City Engineer determines th 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4) This project is approved upon the express condition tha applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on fil the City Clerk and incorporated herein by reference, an according to the agreement executed by the applicant fo payment of said fee, a copy of that agreement, dated De 28, 1983, is on file with the City Clerk and incorporatc herein by reference. If said fee is not paid as promisc this application will not be consistent with the Genera: and approval for this project shall be void. 5) The applicant shall pay park-in-lieu fees to the City, : to the approval of the final map as required by Chapter of the Carlsbad Municipal Code. 6) Approval of this request shall not excuse compliance wi,. sections of the Zoning Ordinance and all other applicabl ordinances in effect at time of building permit issuance 7) Water shall be provided to this project pursuant to the Service agreement between the City of Carlsbad and the ( Real Water District, dated May 25, 1983. //// //// //// PC RES0 NO. 2349 -3- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Land Use Planning Conditions 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein site plan shall be submitted to and approved by the Lan Planning Manager prior to the issuance of building perm The applicant shall establish a homeowner's association corresponding covenants, conditions and restrictions. CC&R*s shall be submitted to and approved by the Land U Planning Manager prior to final map approval. The applicant shall prepare a detailed landscape and ir tion plan which shall be submitted to and approved by t Use Planning Manager prior to the issuance of building permits. A 500' scale map of the subdivision shall be submitted Land Use Planning Manager prior to the recordation of t final map. Said map shall show all lots and streets wi and adjacent to the project, All parking lot trees shall be a minimum of 15 gallons size. All landscaped areas shall be maintained in a healthy a thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall be design conformance with the City's Sign Ordinance and shall re review and approval of the Land Use Planning Manager pr installation of such signs. Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards, LC of said receptacles shall be approved by the Land Use P Manager . 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 . Structure and parking space sizes and locations shall r that shown on the tentative map, dated September 26, 19 Structures adjacent to Carlsbad Boulevard (excluding th Gazebo) or its ramps shall be set back a minimum 20 fee the top of slopes Approval of Tentative Tract No, 84-ll/CP-283 is granted subject to approval of Zone Change 308. PC RES0 NO. 2349 -4- 1 2 3 4 5 6 7 8 9 10 11 20) 21 1 e 0 Prior to the issuance of a building permit, the Buildin1 Director shall review the architectural plans to ensure compliance with the State of California interior noise standard of 45 CNEL. At that time, any additional meas1 (thicker glazing, sound absorption material, or shieldir vents) to further attenuate the noise to acceptable levc shall be required. A six foot high decorative block wall shall be construc- along the property frontage adjacent to the AT&SF railrc This wall shall be constructed prior to occupancy of an: units. I 22) Prior to recordation of t'ne final map, the applicant shi dedicate an open space easement over the portion of the property zoned open space to the satisfaction of the Lar Planning Manager and City Attorney. The open space are: shall be retained in its natural condition, free of trar debris and shall be the responsibility of the homeowner' association. 12 Engineering Conditions 13 15 14 23) 16 17 18 24) 19 20 125) 21 22 23 The developer shall obtain a grading permit prior to thc commencement of any clearing or grading of the site. The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municir Code. The developer shall submit a grading plan for apy which shall include all required drainage structures ant required erosion control measures. The developer shall submit soils, geologic or compaction reports if required shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. Upon completion of grading, the developer shall insure t "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology 3 exposed by the grading operation, all geologic correctiv measures as actually constructed and must be based on a tour map which represents both the pre and post site gra This plan shall be signed by both the soils engineer an engineering geologist. The plan shall be prepared on a or similar drafting film and shall become a permanent re 24 26) No grading shall occur outside the limits of the subdivi unless a letter of permission is obtained from the owner 25 the affected properties. 26 27) A separate grading plan shall be submitted and approved 27 28) All slopes within this project shall be no steeper than : 28 if located within the city limits. separate grading permit issued for the borrow or disposa PC MSO NO. 2349 -5- I/ e 0 1 2 with regards to the hauling operation. 4 for the proposed haul route. The developer shall compl 3 proposed construction site within this project the deve 29) Prior to hauling dirt or construction materials to any shall submit to and receive approval from the City Engi all conditions and requirements the City Engineer may i 5 30) The developer shall exercise special care during the construction phase of this project to prevent any off-s 6 siltation. The developer shall provide erosion control measures and shall construct temporary &g,iltation/dete basins of type, size and location as approved by the Ci Engineer. The basins and erosion control measures shal constructed to the satisfaction of the City Engineer pr. removal of any basins or facilities so constructed the slope erosion control measures and other methods requirt the temporary basins and erosion control measures for a their maintenance and satisfactory performance through < 13 deposit and bonding in amounts and types suitable to th< Engineer. 14 15 provided or installed as may be required by the County 16 neer. 17 32) The developer shall pay the current local drainage area prior to approval of the final map for this project or I 18 construct drainage systems in conformance with the Maste Drainage Plan and City of Carlsbad Standards as required 19 the City Engineer. 'I 8 the start of any other grading operations. Prior to thc 9 shown and specified on the grading plan and shall be 10 served shall be protected by additional drainage facili. 11 approved by the City Engineer. The developer shall mai: 12 of time satisfactory to the City Engineer and shall gua~ 31) Additional drainage easements and drainage structures sk Department of Sanitation and Flood Control or the City I 20 33) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the ad jacen 21 property prior to approval of the final map for this pro 22 23 34) 24 25 26 35) All Land and/or easements required to satisfy the condit of approval for this project shall be granted to the cit without cost to the city, free and clear of all liens an encumbrances and without cost to the city. Direct access rights for all lots abutting Carlsbad BouL and Anacapa Road shall be waived on the final map, excepi shown on the tentative map. The developer shall offer AI Road as shown on the tentative map. 27 I///// PC RES0 NO. 2349 -6- e 0 1 2 3 4 5 6 7 36) 37) a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38) No final map for this project shall be issued unless th first vacates the portions of Carlsbad Boulevard and An Road as shown on the tentative map and the developer ac the vacated property from the city. Nothing in this co shall require the city to vacate or sell the property. City Council may consider the vacation or sale as it de the best interest of the city. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of t: City Engineer. Prior to approval of the final map, the subdivider shall install, or agree to install and secur appropriate security as provided by law, improvements s, on the tentative map and the following improvements to ( Standards to the satisfaction of the City Engineer. Thc developer shall obtain approval of the plans from the C Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. T developer shall install said improvements to the satisf, of the City Engineer prior to the issuance of a Certifii of Occupancy or occupancy of any portion of the project any purpose. The improvements are: a) Anacapa Road to collector street standards from the centerline of Carlsbad Boulevard off-ramp to the centerline of Descanso Boulevard excepting only thal 100 feet radius is approved. b) Street transition section on the southerly end of tl Anacapa Road improvements required by the preceding condition. c) Storm Drain: The storm drain shall be a publicly OF facility. General note 23 is not approved. The stc drain shall be located within a 15 foot wide easemer d) Anacapa Road to full width collector street standard the centerline of Descanso Boulevard to the locatior on the tentative map, except that the distance to tk right in/out only driveway shall be no less than 12C and except that sidewalk, curb and gutter may be omj (except where it presently exists) and the pavement shall be reduced to 28 feet or as otherwise approvec the City Engineer. Acceleration and deceleration 1~ Carlsbad Boulevard shall be provided at the new inte section. e) Sanitary Sewer Lines. f) Potable water lines. g) Signing, striping and traffic control facilities (no including traffic signals). The developer shall construct private street accesses tc public streets in such a way as to clearly designate tha private streets are not a portion of the public street s The developer shall place a plaque-type sign with the le "PRIVATE STREET BEYOND THIS POINT, right to pass revocab rlon-tenants at anytime" at the access point to private s PC RES0 NO. 2349 -7- I a 0 1 2 3 4 from public streets. The script on the sign shown abov be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of feet. The provisions of this condition shall be met to satisfaction of the City Engineer prior to issuance of Certificate of Occupancy for any portion of this projec 5 39) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 40) 41 1 42 1 43) Turnaround areas shall be provided for the most norther open parking lot and the mast southerly and northerly underground parking garages. The turnaround areas shal no smaller than twenty feet deep by seventeen feet wide turnaround areas shall be lighted, signed, striped and otherwise marked to discourage parking on them. The turnaround areas shall be located so that no parking sp more distant than 100 feet from either an entrance to t' or a turnaround. An area five feet wide by twenty-four in length shall be provided at the dead end of each par' area so as to allow autos in the end stalls to exit the parking area in a forward direction. The "emergency access" drives connecting to the on and t ramps as shown on the landscape plan are specifically nc approved. The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water a! regarding services to the project. Should the developer decide to final map and develop phE out of numerical sequence with the approved phasing as 5 on the tentative map all conditions required of the prec phases shall be completed unless otherwise approved by 1 City Engineer and the Land Use Planning Manager. The design of all private streets and drainage systems z be approved by the City Engineer prior to approval of th final map for this project. The structural section of 2 private streets shall conform to City of Carlsbad Standa based on R-value tests. All private streets and drainag systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid to approval of the final map for this project. 23 44) All private streets and drainage systems shall be mainta sibility shall be clearly stated in the CC&R's. 24 by the homeowner's association in perpetuity. This resp 25 26 27 28 45) All private driveways shall be kept clear of parked vehi at all times, and shall have posted "NO Parking/Fire Lan Away Zone" pursuant to Section 17.04.040, Carlsbad Munic Code. //// PC RES0 NO. 2349 -8- 0 a 1 2 3 4 5 6 7 8 46) Some improvements shown on the Tentative Map and/or rec by these conditions are located off-site on property wk 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. 47) All plans, specifications, and supporting documents fo~ improvements of this project shall be signed and sealec Engineer in responsible charge of the work. Each sheei be signed and sealed, except that bound documents may 1: signed and sealed on their first page. Additionally th sheet of each set of plans shall have the following certificate: 9 "DECLARATION OF RESPONSIBLE CHARGE" 10 consistent with current standards. 12 design of the project as defined in Section 6703 of the 11 I hereby declare that I am the Engineer of Work for thi project, that I have exercised responsible charge over Business and Professions Code, and that the design is 13 14 15 I understand that the check of project drawings and specifications by the City of Carlsbad is confined to E only and does not relieve me, as Engineer of Work, of n responsibilities for project design. (Name, Address and Telephone of Engineering firm) 16 Address : 17 Firm: l8 II City, St. : 19 11 Telephone: I 20 21 BY Date : (Name of Engineer) 22 23 24 25 26 27 28 R.C.E. NO. # 48) The developer shall provide the City with a reproducibl copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the condit approval by the City. The map shall be submitted to th Engineer prior to improvement plan submittal. 49) Prior to recordation of any final map for this developm this project, the owner shall give written consent to t annexation of the area shown within the boundaries of t Tentative Map into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. PC RES0 NO. 2349 -9- I, b 0 0 1 2 3 4 5 50) 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. Fire.Deparfment Conditions 6 51) Prior to the issuance of building permits, complete bui 7 plans shall be submitted to and approved by the Fire Department. 8 52) Additional public and/or on site fire hydrants shall be 9 provided if deemed necessary by the Fire Marshal. 10 53) 54) 11 12 13 14 15 16 17 55) 56 ) An a11 weather access road shall be maintained througho, construction. All required fire hydrants, water mains and appurtenancl shall be operational prior to combustible building mate: being located on the project site. Proposed security gate systems shall be provided with "I key operated override swith, as specified by the Fire Department. 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 approval prior to construction. 18 19 20 21 22 57) Building exceeding 10,000 sq.ft. aggregate floor area sk! sprinklered or have four-hour fire walls with no openins therein which shall split the building into 10,000 sq.ft less) areas. 58) As a measure to mitigate poor access for fire fighting purposes, the developer shall provide additional built-j fire protection equipment and devices as may be requirec the fire chief. 23 //// 24 //// 25 26 //// //// 28 //// 27 //// PC RES0 NO. 2349 -10- I. -* 0 0 1 2 PASSED, APPROVED AND ADOPTED at a regular meeting c Planning Commission of the City of Carlsbad, California, he1 q 3 the 12th day of December, 1984, by the following vote, to wi 4 5 6 8 7 NOES : Commissioners L'Heureux, Marcus and McFad AYES : Chairman Rombotis, Commissioners Farrow, Schlehuber and Smith. ABSENT : None. ABSTAIN: None. 9 10 11 12 ATTEST : 4 13 14 LAND USE PLANNING MANAGER 15 16 17 18 19 ~ 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2349 -11-