HomeMy WebLinkAbout1985-07-10; Planning Commission; Resolution 2459I >* - ".
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1 PLANNING COMMISSION RESOLUTION NO. 2459
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 133 LOT TENTATIVE TRACT MAP AND
131 UNIT LA COSTA DEVELOPMENT PERMIT ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF RANCHO
SANTA FE ROAD BETWEEN LA COSTA AVENUE AND
MISION ESTANCIA.
APPLICANT: PARK VIEW WEST
CASE NO: CT 85-15/LCDP 85-2
7 11 WHEREAS, a verified application for certain property to
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wit:
Parcel 1 of Parcel Map No. 13524, in the City of
Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County,
October 25, 1984 as File No. 84-403293 of Official
Records
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
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14 ll WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and 15
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WHEREAS, the Planning Commission did, on the 10th day of ~
July, 1985, hold a duly noticed public hearing as prescribed by law I/ to consider said request; and
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19 II WHEREAS, at said public hearing, upon hearing and
I1 considering all testimony and arguments, if any, of all persons 20
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and La Costa Development
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23 1i Permit I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 24
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Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 85-15/LCDP 85-2,
based on the following findings and subject to the following
conditions:
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2 the proposed density of 4.9 du's/acre is within the density
3 range of 4-10 du's/acre specified for the site as indicated on
the land use element of the General Plan,
4 2) The site is physically suitable for the type and density of
Findings:
1) The project is consistent with the City's General Plan since
the development since the site is adequate in size and shape
posed.
5 to accommodate residential development at the density pro-
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7 3) The project is consistent with all City public facility pol- icies and ordinances since:
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a) The Planning Conmission has, by inclusion of an
appropriate condition to this project, ensured that the
final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a
condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is
available, and building cannot occur within the project
unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the
public facilities element of the General Plan have been met insofar as they apply to sewer service for this project,
b) School fees will be paid to ensure the availability of school facilities in the San Dieguito School District.
Also, an existing school agreement between the La Costa
Land Company and the Encinitas School District will ensure
adequacy of elementary school facilities,
c) The dedication of park land or the payment of park-in-lieu
fees pursuant to the La Costa Parks Agreement are required as a condition of approval.
21 j/ d) All necessary public improvements have been provided or will be required as conditions of approval,
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e) The applicant has agreed and! is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will
be available concurrent with need as required by the General Plan,
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4) The proposed project is consistent with the development
f) Assurances have been given that adequate sewer for the project will be provided by the Leucadia Water District.
standards and regulations of the La Costa Master Plan and also complies with the Design Guidelines Manual.
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6) The proposed project and the proposed public improvements are
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7) This project will not cause any significant environmental 5
5) The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for residential and community commercial development on the general plan.
consistent with the La Costa Master Plan and the Public Facilities phasing section of the La Costa Master Plan.
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on June 4, 1985 and approved by the Planning Commission on July 10, 1985.
8 I/ Cond it ions :
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1 ) Approval is granted for CT 85-15/LCDP 85-2, as shown on
Exhibits "A" - "K", dated June 27, 1985, 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 available 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 April 30,
1985, 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.
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5) The applicant shall dedicate land to be located in Stage Coach
Park pursuant to the existing parks agreement between Daon
and the City of Carlsbad.
6) Prior to the issuance of a grading permit, the applicant
shall coordinate design and construction regarding drainage
and walkway improvements with the Stage Coach Park
development plan.
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7) The applicant shall provide school fees to the San Dieguito School District to mitigate conditions of overcrowding as part of the building permit application. These fees shall be based
on the fee schedule in effect at the time of building permit
application. Also, the applicant shall comply with the
requirements of the existing school agreement between the La
Costa Land Company and the Encinitas School District.
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8) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. I
9) Water shall be provided by the Olivenhain Municipal Water
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10) The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. Said
site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits.
11) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Land Use
Planning Manager prior to final map approval.
12) The final map shall include an Open Space Maintenance
Easement to the Homeowner's Association for maintenance of all open space areas, recreation areas, pedestrian trails and manufactured slopes.
13) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land
Use Planning Manager prior to the issuance of building
permits.
14) A 500' scale map of the subdivision shall be submitted to the
Land Use Planning Manager prior to the recordation of the
final map. Said map shall show all lots and streets within
and adjacent to the project.
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16) Any signs proposed for this development shall be designed in
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thriving condition, free from weeds, trash, and debris. ~
conformance with the City's Sign Ordinance and the La Costa
Sign Program shall require review and approval of the Land Use Planning Manager prior to installation of such signs.
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17) ~11 roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the sound buffered from adjacent properties and Streets, Pursuant
to Building Department Policy No. 80-6, to the satisfaction Of
the Land use Planning Manager and Building and Planning
Director.
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1 the City's street name policy subject to the Land Use Planning
Manager's approval prior to final map approval , 2
18) The applicant shall submit a street name list consistent with
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19) The project shall provide bus stop facilities at locations
within or adjacent to the project boundaries subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Land Use Planning
Manager and North County Transit District. i
8 20) The developer shall display a current Zoning and Land Use Map
in the sales office at all times, and/or suitable alternative
to the satisfaction of the Land Use Planning Manager. 9
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21) All sales maps that are distributed or made available to the
public shall include but not be limited to trails, future and
existing schools, parks, and streets.
22) Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their ba-ckground color.
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shall submit detailed cross sections of the pedestrian trails 17
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of this sign shall be approved by the Land Use Planning 15
23) Prior to occupancy of any units, the applicant shall construct
in conformance with Section IV. C3 of the La Costa Master 18 Plan, for approval by the Land Use Planning Manager.
a directory sign at the entrance to the project, The desigr?
Manager.
24) Prior to the issuance of any building permits, the applicant
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25) Prior to the issuance of any building permits, the applicant shall be required to construct a solid acoustical barrier
between Lot 18 and Rancho Santa Fe Road, and a solid six foot
high wall between Lot 17 and 18 and Mision Estancia to the
satisfaction of the Land use Planning Manager. In addition,
an interior noise analysis should be conducted along all units fronting on Rancho Santa Fe Road and Mision Estancia to ensure
that noise levels in habitable rooms would not exceed 45dB.
24 areas between the residential units and Rancho Santa Fe Road ~ to the west: Along cut slopes of Lot 32, the applicant shall 25
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provide heavy landscaping as a buffer to the satisfaction of
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the Land Use Planning Manager,
28 of the Land Use Planning Manager. solid decorative wall treated, subject to the satisfaction
26) The applicant shall be required to create adequate buffer
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27) All required acoustical walls and retaining walls shall be a
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28) The recreation area shall be included as a portion of Unit 1
and shall be completed prior to occupancy of any unit in Unit
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29) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof,
imposed by this approval or imposed by law on this project are
challenged, this approval shall be suspended as provided in Government Code Section 65913.5, If any such condition is determined to be invalid this approval shall be invalid unless
the City Council determines that the project without the condition complies with all requirements of law.
7 IIEngineering Conditions:
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30) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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31) The grading for this project is defined as "controlled grad-
ing" by Section 11 ,06.170( a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with
the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
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32) Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective
measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grading, This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar
or similar drafting film and shall become a permanent record.
33) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties,
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34) A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site
if located within the city limits.
231135) All slopes within this project shall be no steeper than 2:l.
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36) Prior to hauling dirt or construction materials to any
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proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route, The developer shall comply with all conditions and requirem.ents the City Engineer may impose with regards to the hauling operation.
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The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation, The developer shall provide erosion control neasures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a period
of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi-
neer.
The developer shall pay the current local drainage area fee
prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by
the City Engineer.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of the final map for this project.
The developer shall make an offer of dedication to the City
for all public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be made by a Certificate on the Final Map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be
rededicated.
Direct access rights for all lots abutting Mision Estancia, La
Costa Avenue, Rancho Santa Fe Road and Calle Timiteo, except
for recreation Lot 132, shall be waived on the final map.
Prior to occupancy of the 120th unit, a 28 foot wide (full
section) access via Calle Timiteo shall be constructed from
this subdivision to La Costa Avenue to the satisfaction of
the City Engineer.
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
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45)
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Sidewalk, curb and gutter
Street Lights Street Trees Water Improvements Sewer Improvements Storm Drain Improvements
Wheelchair Ramps Street Striping & Signs
East-half width street improvements plus median on Rancho
Santa Fe Road to primary arterial street standards within the limits of the project.
North-half width street improvements on Mision Estancia plus 12 feet to secondary arterial street standards from
the centerline of R.ancho Santa Fe Road to the easterly
end curb return on Calle Timiteo.
These improvements shall be constructed within 12 months
after approval of the final map, with the exception of
item rrI" which shall be constructed within 15 months after
tentative map approval .
Unless a standard variance has been issued, no variance from
City Standards are authorized by virtue of approval of this tentative map.
The developer shall construct private street accesses to
public streets in such a way as to clearly designate that the private streets are not a portion of the public street system. The developer shall place a plaque-type sign with the legend,
"PRIVATE STREET BEYOND THIS POINT, right to pass revocable to non-tenants at anytime" at the access point to private streets from public streets. The script on the siqn shown above shall
be capital letters of a size and contrast such as to be
readable for a normally sighted person at a distance of 20 feet. The provisions of this condition shall be met to the
satisfaction of the City Engineer prior to issuance of a
Certificate of Occupancy for any portion of this project.
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47) The developer shall comply with all the rules, regulations and design requirenents of the respective sewer and water agencies regarding services to the project.
48) Should the developer decide to final map and develop phases
out of numerical sequence with the approved phasing as shown on the tentative map all conditions required of the preceeding phases shall be completed unless otherwise approved by the City Engineer and the Land Use Planning Manager.
49) The design of all private streets and drainaae systems shall
he approved by the City Engineer prior to approval of the
final map for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project.
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50) All private streets and drainage systems shall be maintained
by the homeowner's association in perpetuity. This respon-
sibility shall be clearly stated in the CC&R's.
51) All concrete terrace drains shall be maintained by the
homeowner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's.
52) All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first 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 this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is consistent with current standards.
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date:
(Name of Engineer)
R.C.E. NO. # I
53) The developer shall provide the City with a reproducible mylar
copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the conditions of
approval by the City. The map shall be submitted to the City
Engineer prior to improvement plan submittal and shall be 24" x 36'' in size and of a quality and material satisfactory to the City Engineer.
54) Prior to recordation of any final m,ap for this development for
this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the Tentative Map into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
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55) Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the
discretion of the City Council. Ir! approving an extension, the City Council may impose new conditions and may revise existing conditions.
5 // 56) Prior to issuance of building permits, the applicant shall
apply for a street vacation of a portion of Rancho Santa Fe
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7 the tentative map is specifically not approved. The minimum curb radius shall be 40 feet.
57) The right-of-way radius in the cul-de-sacs as indicated on
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58) Sidewalks shall be provided on both sides of all streets.
The City Engineer may allow for the elimination of sidewalks where necessary.
59) Prior to final map approval, developer shall agree to participate in an assessment district to finance the
construction and/or reconstruction of Rancho Santa Fe Road
from La Costa Avenue to Melrose Avenue. A written letter by
the applicant to the satisfaction of the City Attorney shall
satisfy this condition.
60) Developer shall, prior to final map approval, enter into an
agreement with the City for the developer to pay a traffic
impact fee for the developer's share of mitigating anticipated
future traffic problems at and near the intersection of El
Camino Real and Olivenhain Road, at and near the intersection
of El Camino Real and La Costa Avenue, The interim fees to be
collected, at the time of building permit issuance, shall not
exceed $250 per single family housing unit, nor $200 per
multiple family housing unit. The amount of such fees shall
be determined by the City Council based on an area traffic impact study to be undertaken by the City and concluded within six months after approval of applicant's tentative tract map.
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21 I1 Fire Conditions:
22 61) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
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62) The applicant shall subnit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
onsite roads and drives to the Fire Marshal for approval.
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63) An all-weather access road shall be maintained throughout
construction.
64) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site,
65) All private streets shall be kept clear of parked vehicles
at all times, and shall have posted "NO Parking/Fire Lane-Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
7 66) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape
8 Guidelines Manual.
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67) All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
prior to construct ion.
68) Prior to the occupancy of any of the units, a temporary all
weather access road must be provided from the project site to La Costa Avenue. Calle Timiteo is proposed to be extended through to La Costa Avenue as a condition of approval of
CT 84-7. If this extension is completed prior to the
occupancy of any of the units, this condition will have been
satisfied. If Calle Timiteo has not been constructed by this
time, then this condition will remain in effect.
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2 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the City of Carlsbad, California, held on
the 10th day of July, 1985, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: Hall,
Marcus, McFadden, Rombotis, and Smith.
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NOES : None.
ABSENT: Commissioner L'Heureux,
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ABSTAIN: None,
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/Tu'/ ' i ,, x i ,, a&,uz&L .- - ,',.&. I j CL _... ,$L&&<,.&+4<". i / , - i , : .-
'J CLARENCE SCHLEHUBER, Chairman 7
CARLSBAD PLANNING COMMISSION
I.3 /IATTEST:
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15 E PLANNING IQ-NAGER
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