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HomeMy WebLinkAbout1984-12-12; Planning Commission; Resolution 2395> I e * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 I 19 1 20 21 22 23 24 25 26 27 28 I PLANNING COMMISSION RESOLUTION NO. 2395 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITI CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 24 TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED C SOUTH SIDE OF THE SOUTHERLY TERMINUS OF PONTIAC DRI APPLICANT: FALCON HILLS CASE NO.: CT 84-35 WHEREAS, a verified application for certain propert wit: That portion of Lot J of Rancho Aqua Hedionda accor Map No. 823 filed November 16, 1896, has been filed with the City of Carlsbad, and referred to th Planning Commission; and WHEREAS, said verified application constitutes a re as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 12th d December, 1984, hold a duly noticed public hearing as prescr law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pers desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hear the Commission recommends APPROVAL of CT 84-35, based 0: following findings and subject to the following conditic Findings: 1) The project is consistent with the City's general plan the proposed density of 2.9 du's/acre is within the den. range of 0-4 du's/acre specified for the site as indica the land use element of the general plan. As a standart single family subdivision, the project helps fulfill on the goals of the General Plan which is to provide a var housing types in the City. 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 I 26 27 28 ~ I I, e 2) The site is physically suitable for the type and densit development since the site is adequate in size and shap accommodate residential development at the density prop 3) The project is consistent with all City public facility icies and ordinances since: a) The Planning Commission has, by inclusion of an app condition to this project, insured that the final IT not be approved unless the City Council finds that service is available to serve the project. In addi the Planning Commission has added a condition that shall be placed on the final map that building perrr not be issued for the project unless the City Engin determines that sewer service is available, and bui cannot occur within the project unless sewer servic remains available, and the Planning Commission is E that the requirements of the public facilities elen the general plan have been met insofar as they appl sewer service for this project. b) The Carlsbad School District has written a letter, September 13 and November I, 1984, stating that sck facilities will be available to this project. c) Park-in-lieu fees are required as a condition of ax 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 inc of an appropriate condition to pay a public facilit Performance of that contract and payment of the fe enable this body to find that public facilities wil available concurrent with need as required by the < plan. 4) The proposed project is compatible with the surroundins land uses since surrounding properties are designated 1 residential development on the general plan. 5) This project will not cause any significant environment impacts and a Negative Declaration has been issued by 1 Use Planning Manager on November 19, 1984 and approved Planning Commission on December 12, 1984. Conditions: 1) Approval is granted for CT 84-35, as shown on Exhibit I dated November 5, 1984, incorporated by reference and ( in the Land Use Planning Office. Development shall occ substantially as shown unless otherwise noted in these conditions. PC RES0 NO. 2395 -2- I ~ 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 1' ll 0 0 2) This project is approved upon the express condition tha. final map shall not be approved unless the City Council as of the time of such approval that sewer service is a to serve the subdivision. 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' facilities are available at the time of application for sewer permits and will continue to be available until t occupancy. This note shall be placed on the final map. 4) This project is approved upon the express condition tha applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit City Clerk and incorporated herein by reference, and ac to the agreement executed by the applicant for payment 1 fee, a copy of that agreement, dated December 13, 1984 i July 24, 1984, is on file with the City Clerk and incor] herein by reference. If said fee is not paid as promisl application will not be consistent with the General Pla: approval for this project shall be void. 5) The applicant shall pay park-in-lieu fees to the City, : the approval of the final map as required by Chapter 20 the Carlsbad Municipal Code. 6) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicab ordinances in effect at time of building permit issuanc 7) Water shall be provided to this project pursuant to the Service Agreement between the City of Carlsbad and the I Real Water District, dated May 25, 1983, ~ 8) 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. These CCi shall be accompanied by a detailed map showing the slopc are to be maintained by the homeowner's association. A maintenance district to care for these slopes may be substituted for a homeowner's association. ~ 9) The applicant shall prepare a detailed landscape and ir. plan which shall be submitted to and approved by the La] 1 Planning Manager prior to the issuance of building perm 10) A 500' scale map of the subdivision shall be submitted Land Use Planning Manager prior to the recordation of t: map. Said map shall show all lots and streets within a adjacent to the project. I //// PC RES0 NO. 2395 -3- 0 0 1 2 thriving condition, free from weeds, trash, and debris. 11) All landscaped areas shall be maintained in a healthy a 3 12) Any signs proposed for this development shall be design conformance with the City's Sign Ordinance and shall re installation of such signs. 4 review and approval of the Land Use Planning Manager pr 5 6 architecturally integrated and concealed from view and 13) All roof appurtenances, including air conditioners, sha. sound buffered from adjacent properties and streets, pu: the Land Use Planning Manager and Building and Planning 7 Director. 8 to Building Department Policy No. 80-6, to the satisfac. g 14) The applicant shall submit a street name list consisten the City's street name policy subject to the Land Use P 10 Manager's approval prior to final map approval. 11 15) 12 13 14 15 16 17 18 19 16) 17) 18) 20 21 22 23 24 25 26 19) 20) 21) The developer shall provide a minimum of 25% of the lot adequate sideyard area for Recreation Vehicle storage PI to City Standards. The C.C.&R. ' s shall prohibit the st( recreational vehicles in the required front yard setbacl The developer shall display a current Zoning and Land U: in the sales office at all times, and/or suitable alter] to the satisfaction of the Land Use Planning Manager. All sales maps that are distributed or made available tc public shall include but not be limited to trails, futu: existing schools, parks, and streets. Building identification and/or addresses shall be placet new and existing buildings so as to be plainly visible j street or access road: color of identification and/or ac shall contrast to their background color. All development shall comply with the standards of the I zone. Prior to issuance of a grading permit the applicant shal submit a detailed plan showing how the trees on lots 63 will be preserved. During construction activity, a barrier shall be placed Pontiac Drive along the northerly property boundary of t project to prevent construction traffic from driving thr the existing neighborhood. This barrier shall not be re until the construction of Pontiac Drive to Tamarack Aven been completed. 27 Engineering Conditions: /I 28 22) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. PC RES0 NO. 2395 -4- I/ 0 0 1 2 3 4 5 6 7 8 9 10 23) The grading for this project is defined as "controlled by Section 11.06.170(a) of the Carlsbad Municipal Code. 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. 24) upon completion of grading, the developer shall insure "as-graded" geologic plan shall be submitted to the Cit Engineer. The plan shall clearly show all the geology exposed by the grading operation, all geologic correcti measures as actually constructed and must be based on a map which represents both the pre and post site grading plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a or similar drafting film and shall become a permanent r 11 25) No grading shall occur outside the limits of the subdiv unless a letter of permission is obtained from the owne 12 the affected properties. 13 26) A separate grading plan shall be suSmitted and approved 14 separate grading permit issued for the borrow or dispos, 27) All slopes within this project shall be no steeper than 15 if located within the city limits. 16 17 28) 19 18 20 21 22 23 24 The developer shall place the following notes on the fi: map : "Geotechnical Caution: 1) The possible existence of ancient landslides within boundaries of this subdivision has been noted in thl & Geologic Investigation for this subdivision. 2) Mitigation measures to alleviate the hazards associ' with the possible landslides and/of mudflows have b8 required as a condition of approval for the tentati, for this subdivision. its successors in interest has agreed to hold harm11 indemnify the City of Carlsbad from any action that arise through any geological failure and subsequent that may occur on, or adjacent to, this subdivision its construction, operation or maintenance." 3) The owner of this property on behalf of itself and 25 29) The developer shall execute a hold harmless agreement a1 indemnify the City regarding any damage and/or claims tl 26 arise through any geological failure and subsequent dam, may occur on, or adjacent to, this subdivision due to i. 27 construction operation or maintenance. 28 //// PC MSO NO. 2395 -5- e 0 1 II A 2 3 4 30) Prior to hauling dirt or construction materials to any construction site within this project the developer sha submit to and receive approval from the City Engineer f proposed haul route. The developer shall comply with a conditions and requirements the City Engineer may impos regards to the hauling operation. 5 31) 6 7 8 9 10 11 12 13 14 15 16 32) The developer shall exercise special care during the construction phase of this project to prevent any off-s siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/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 th removal of any basins or facilities so constructed the served shall be protected by additional drainage facili slope erosion control measures and other methods requir approved by the City Engineer. The developer shall mai the temporary basins and erosion control measures for a of time satisfactory to the City Engineer and shall gua~ their maintenance and satisfactory performance through I deposit and bonding in amounts and types suitable to thc Engineer. Additional drainage easements and drainage structures SI provided or installed as may be required by the County Department of Sanitation and Flood Control or the City ! neer. 17 33) The developer shall pay the current local drainage area construct drainage systems in conformance with the Mastc 18 prior to approval of the final map for this project or ~ Drainage Plan and City of Carlsbad Standards as requirei 19 City Engineer. 20 34) The owner of the subject property shall execute a hold 1 agreement regarding drainage across the adjacent proper1 21 to approval of the final map for this project. 22 35) The developer shall make an offer of dedication to the ( or shown on the Tentative Map. The offer shall be made 23 all public streets and easements required by these condj that are already public are not required to be rededicat 25 liens and encumbrances and without cost to the City. St so offered shall be granted to the City free and clear c 24 to issuance of any building permit for this project. AI 26 36) Direct access rights for all lots abutting Pontiac Drive 27 28 be waived on the final map. //// PC RES0 NO. 2395 -6 - e 0 1 2 3 4 37) Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of th Engineer. Prior to approval of the final map, the Subdi shall install, or agree to install and secure with apprc security as provided by law, improvements shown on the tentative map and the following improvements to City Sta I to the satisfaction of the City Engineer: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 l a) All improvements shown on the tentative map except a modified herein b) Storm drain facilities to conduct storm waters to ex storm drain facilities and/or channels c) Temporary cul-de-sacs, barricades and traffic adviso warning signs at the ends of streets that are interr by project phasing d) Pontiac Drive to 60 foot wide collector street stand from Tamarack Drive northerly to the southerly line project excepting only that the pavement width may b feet, asphalt berms installed at the pavement edges, 22 asphalt concrete spillways used to lead street su drainage into the storm drain system. The storm dra water and sanitary sewer systems within the off-site southerly portion of Pontiac Drive shall be designed constructed as shown on the Tentative Map for CT 84-. Except as noted herein the developer shall size all facilities so as to accommodate "build-out" conditio: e) Pontiac Drive to 60 foot wide collector street standl within this project. All of Pontiac Drive within th project and all of Pontiac laying to the south of th project to Tamarack Avenue shall be designated "NO P. and shall be appropriately painted and signed f) The following streets to full width collector street standards. "A" Street from the easterly line of El Mesa subdivision to its intersection with "B" Street Street from "A" Street to "E" Street, ''E" Street to ' Street, "F" Street from "E" Street to Pontiac Drive i Street for its entire length g) Streets not otherwise designated herein 2o 21 38) Unless a standard variance has been issued, no variance : project plan or tentative map. City Standards are authorized by virtue of approval of t7 22 39) 23 24 25 I 26 27 28 All improvements shown on the conditionally approved ten1 map or required herein within an individual phase, shall completed prior to issuance of a Certificate of Occupanc: any dwelling unit in that phase. The portions of Pontiac from the southerly line of this subdivision to Tamarack I and "A" Street from the westerly line of this subdivisior the existing easterly terminus uf Valewood Drive shall bc constructed as a portion of Phase I. Water, sewer and st drain facilities that are located in an unbuilt, higher numbered phase and that the City Engineer shall deem as necessaray or desirable to be constructed, shall be const at such time and with such phase as the City Engineer mal direct. ll PC RES0 NO. 2395 -7 - 1 2 3 4 5 6 7 8 9 10 11 12 0 e 40) The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water a' regarding services to the project. 41) Should the developer decide to final map and develop phi of numerical sequence with the approved phasing as show: tentative map all conditions required of the preceeding shall be completed unless otherwise approved by the Cit Engineer and the Land Use Planning Manager. 42) All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) individual property owner (if on an individually owned : An appropriately worded statement clearly identifying tl responsibility shall be placed in the CC&R' S. 43) Some improvements shown on the Tentative Map and/or reql these conditions are located off-site on property which the City nor the subdivider has sufficient title or intc permit the improvements to be made without aquistion of or interest. The subdivider shall conform to Section 2( of the Carlsbad Municipal Code. 13 15 14 44) 16 18 17 19 20 21 23 22 24 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 bc and sealed on their first page. Additionally the first of each set of plans shall have the following certificat "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for Chi: project, that I have exercised responsible charge over I design of the project as defined in Section 6703 of the Business and Professions 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 ml responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: 25 26 Address : City, St.: II Telephone: 27 BY Date : 28 (Name of Engineer) R.C.E. NO. # PC MSO NO. 2395 -8- e c 1 45) Prior to recordation of any final map for this developmc annexation of the area shown within the boundaries of tl 2 Tentative Map into the existing City of Carlsbad Street 3 this project, the owner shall give written consent to tl Lighting and Landscaping District No. 1. 4 46) Approval of this tentative tract map shall expire twent 5 months from the date of City Council approval unless a map is recorded. An extension may be requested by the 6 discretion of the City Council. In approving an extens: applicant. Said extension shall be approved or denied existing conditions. 7 8 the City Council may impose new conditions and may revi: 9 Fire Conditions: 47) Additional public and/or on site fire hydrants shall be 10 provided if deemed necessary by the Fire Marshal. 11 48) The applicant shall submit two (2) copies of a site plal showing locations of existing and proposed fire hydrant: 12 site roads and drives to the Fire Marshal for approval. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I1 49) An all weather access road shall be maintained througho. construction. 50) All required fire hydrants, water mains and appurtenanct be operational prior to combustible building materials 1 located on the project site. 51) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscc Guidelines Manual. 52) All fire alarm systems, fire hydrants, extinguishing sy: automatic sprinklers, and other systems pertinent to thc project shall be submitted to the Fire Department for a]t prior to construction. 53) The developer shall provide to the Fire Department a 40( scale street map. The map shall include all streets, f: hydrant locations, and street names. The plan shall be submitted prior to the issuance of Building Permits. ///I ///I //// //// )//// PC RES0 NO. 2395 -9- 7. ** *' 1 2 e 0 PASSED, APPROVED AND ADOPTED at a regular meeting 0: ll Planning Commission of the City of Carlsbad, California, helc 3 the 12th day of December, 1984, by the following vote, to wi. 4 - ll AYES : Chairman Rombotis, Commissioners Marcus, 5 ABSENT : None. 7 NOES : Commissioners McFadden and L'Heureux. 6 Schlehuber, Smith and Farrow. 8 9 10 11 ABSTAIN : None. MBOTIS, Chairman CARLSBAD PLANNING COMMISSIOI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 ATTEST : II ll" MICHAEL J. mLZMInER LAND USE PLANNING MANAGER PC RES0 NO. 2395 - 10-