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HomeMy WebLinkAbout1985-08-28; Planning Commission; Resolution 24708. .. < 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 PLANNING COW-ISSION RESOLUTION NO. 2470 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 142 LOT TENTATIVE TRACT MAP AND 141 UNIT PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF TAMARACK AVENUE AND IEST OF NEBLINA DRIVE. APPLICANT: PANNONIA CASE.NO. : CT 85-18/PUD-88 WHEREAS, a verified application for certain property to, wit: A portion of Lot "I" of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof f?o. 823, filed in th( Office of the County Recorder of San Diego County, November 16, 1896, has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of t'ne Carlsbad Municipal Code; and I 15 /I WHEREAS, the Planning Commission did, on the 14th day of 16 // August, 1985 and on the 28th day of August, 1985, hold a duly !I noticed public hearing as prescribed by law to consider said. 17 18 // request; and 19 II HHEREAS, at said public hearing, upon hearing and 20 21 22 23 24 25 2 considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows : A) That the above recitations are true and correct. 26 B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 85-18/PUD-88, based on the following findings and subject to the following 27 conditions: 28 ///I ,+ 0 0 1 7 3) The project is consistent with all City public facility pol- 6 accommodate residential development at the density proposed. development since the site is adequate in size and shape to 5 2) The site is physically suitable for the type and density of the 4 the Land Use Element of the General Plan. range of 0-4 du's/acre specified for the site as indicated on 3 the proposed density of 2.39 du's/acre is within the density 1) The project is consistent with the City's General Plan since 2 Findings: icies and ordinances since: 8 9 10 11 12 13 14 a) The Planning Commission 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 €or 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. 15 16 b) The Carlsbad School District has written a letter, dated May 21, 1985, stating that school facilities will be available to this project. I? /I c) Park-in-lieu fees are required as a condition of approval. 18 19 20 21 22 d) All necessary public improvements have been provided or will be required as conditions of approval. 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. 23 28 6) The street system is adequate to handle traffic generated by 27 26 The proposed project is compatible with the surrounding future 25.5) 24 4) The proposed project is consistent with the City's Planned Development Ordinance and a150 complies with the Design Guidelines Manual. land uses since surrounding properties are designated for residential development on the General Plan. this project, however, it will contribute traffic to existing Hillside Drive. The applicant should participate in any assessment district to improve existing circulation conditions on Hillside Drive. :?C RES0 NO. 2470 -2- .1 I1 0 0 Ij ) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 8, 1985 and approved by the 2 Planning Commission on August 14, 1985. 3: 4 5 6 7 8 3) This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are not provided the project will create an unmitigated burden on existing improvements and facilities. Further, the improvements and facilities are necessary to provide safe, adequate and appropriate service to future residents of the project consistent with City goals, policies and plans. Conditions : 1) Approval is granted for CT 85-18/PUD-88, as shown on Exhibit 9' 10 Planning Office. Development shall occur substantially as 11 "A", dated July 18, 1985 and Exhibits "B" - 'IC", dated May 31, 1985, incorporated by reference and on file in the Land Use shown unless otherwise noted in these conditions. 12 13 I 18 sewer permits and will continue to be available until time of 17 subject property unless the City Engineer determines that sewer 16 3) This project is approved upon the express condition that 15 to serve the subdivision. 14 final map shall not be approved unless the City Council finds 2) This project is approved upon the express condition that the as of the time of such approval that sewer service is available building permits will not be issued for development of the facilities are available at the time of application for such occupancy. This note shall be placed on the final map. 19 20 21 22 23 1 $1 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 May 21, 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. ~ 24 5) The applicant shall provide school fees to mitigate conditions 26 the Carlsbad Municipal Code. 25 5) The applicant shall pay park-in-lieu fees to the City, prior to of overcrowding as part of building permit application. These 27 fees shall be based on the fee schedule in effect at the time 28 of building permit application. 2C RES0 NO. 2470 -3- the approval of the final map as required by Chapter 20.44 of I >I II 0 e 7) Water shall be provided to this project pursuant to the Water 1 2 3 8) The applicant shall prepare a reproducible mylar of the final 4 5 Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. Land Use Planning Office 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. 6 7 8 9 10 I 3) 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. 10) The final map shall include an open space maintenance easement to the Homeowners Association for maintenance of all open space areas, parks, pedestrian trails, overlook areas, manufactured slopes and detention basins. 11 11) The final map shall include a coInmunity recreation lot located 12 13 14 12) The applicant shall prepare a detailed landscape and irrigation plan which shall include fire retardent species on fringe areas 15 per the City Landscape Design Guidelines Manual. 16 13) A 500' scale map of the subdivision shall be submitted to the 17 to the north of Hillside Drive. This lot shall be a minimum of 7,000 square feet in area, shall be turfed, and shall include picnic tables and childrens recreation equipment subject to the approval of the Land Use Planning Manager. 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. 18 14) All landscaped areas shall be maintained in a healthy and 19 thriving condition, free from weeds, trash, and debris. 20 15) Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require installation of such signs. 21 review and approval of the Land Use Planning Manager prior to 22 23 architecturally integrated and concealed from view and the 25 the Land Use Planning Manager and Building and Planning to Building Department Policy No. 80-6, to the satisfaction of 24 sound buffered from adjacent properties and streets, pursuant PC RES0 NO. 2470 -4- 28 Manager's approval prior to final map approval. 27 17) The applicant shall submit a street name list consistent with 26 Director. 16) All roof appurtenances, including air conditioners, shall be the City's street name policy subject to the Land Use Planning ., il 0 e 18) 1 2 3 4 5 6 7 20) 19) 8 9 21) 10 11 12 22) 13 14 15 16 17 20 19 24) 18 26 25 24 23 22 21 27 23) 25) 26) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of building permit issuance. The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a mininum 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. 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. 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. 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 background color. 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. The applicant shall be required to submit detailed design guidelines for the custom homes proposed for lots 1-30 and 141 prior to the issuance of any building permits. Guidelines shall ensure compatibility with other buildings in this development and with surrounding properties. These guidelines are subject to the approval of the Land Use Planning Manager. Prior to any project grading on the subject property, the applicant shall employ a qualified archaeologist and associatec personnel to excavate ten 1x1 meter test units on the property to recover cultural resource materials, curate artifacts and prepare a report as discussed in An Archaeological Survey of the Pannonia Property, Regional Environmental Consultants, Ju1J 15, 1985. The developer shall provide a minimum of 25% of the lots with adequate sideyard area for Recreation Vehicle storage pursuant to City standards. The C.C.&R.'s shall prohibit the storage oi recreational vehicles in the required front yard setback. 28 PC RES0 NO. 2470 -5- .. I/ 0 1 Engineering: 2 4 3 27) 5 6 7 28) The developer shall obtain a grading permit prior to the 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 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. II 8 29) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of 9 the affected properties. 10 30) A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site 11 if located within the city limits. ~ I I 12 31 ) All slopes within this project shall be no steeper than 2: 1. 13 14 15 16 17 18 19 20 21 22 23 24 25 32) Prior to hauling dirt or construction materials to any 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 I conditions and requirements the City Engineer may impose with 1 regards to the hauling operation. 33) The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures 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 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. ~ served shall be protected by additional drainage facilities, 26 //// I/ 27 //// I1 28 PC RES0 NO. 2470 -6- .. I/ 0 0 1 34) 2 3 4 5 The developer shall construct desiltation/detention basins of type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of the final map for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road . The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this projec as required by the City Engineer. C: I I I 6 7 36) The developer shall pay the current local drainage area fee g neer. 8 provided or installed as may be required by the County 35) Additional drainage easements and drainage structures shall be Department of Sanitation and Flood Control or the City Engi- prior to approval of the final map for this project or shall Drainage Plan and City of Carlsbad Standards as required by the 10 City Engineer. 11 construct drainage systems in conformance with the Master 12 37) The owner of the subject property shall execute a hold harmlesz to approval of the final map for this project. 13 agreement regarding drainage across the adjacent property priol 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38) The developer shall make an offer of dedication to the City fol 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. 39) Direct access rights for all lots abutting Hillside Drive shal: be waived on the final map. Additionally, any lot which borders two streets shall waive access on one of the streets, in conformance with 20.16.010(7) of the Municipal Code. //// //// //// //// //// //// //// //// PC RES0 NO. 2470 -7- 1) ,. 0 0 1 2 3 4 5 6 7 8 9 10 ~ 40) 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: a) b) c) d) e) f) 4) h) i) 1) Hillside Drive full width as shown on the tentative map Skyline Road full width Telescope Avenue full width Sunnyhill Drive full width (cul-de-sac) Clearview Drive full width (cul-de-sac) Complete sewer, water and drainage facilities to serve this subdivision. (Including necessary relocations) Water storage tank overflow drain system Desiltation basin and vista access Ten foot pedestrian/bicycle access All internal public street systems to serve as shown on the tentative map. 11 41) Public improvements shall be installed to the satisfaction of the City Engineer prior to occupancy of any units within the 12 phased development, as follows: 13 14 15 16 a) Phase I: 1) All onsite public improvements 2) Full width of Hillside Drive from westerly 3) An interim desiltation basin southwest of Phase I1 4) Sewer, water, and drainage facilities to serve this boundary to easterly boundary of this subdivision I phase of development. 17 b) Phase 11: 1) All onsite public improvements 18 2) Sewer, water and drainage facilities to serve this phase of development. (Including offsite sewer 19 ~ system. ) 20 21 22 23 24 25 26 c) Phase 111: 1) All onsite public improvements 2) Offsite storm drain system, including desiltation 3) 10' wide pedestrian/bicycle access across Phase 111. basin d) Phase IV: 1) Balance of improvements including the remaining portion of pedestrian/bicycle access. The improvements listed for each phase above shall be constructed within twelve months after recordation of the fina map for each phase. i 27 11 &/&SO NO. 2470 -8- I 28 .. e 0 1 42) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this 2 tentative map. 3 4 43) All street design shall conform to City Standards as well as A.S.H.T.O. Design Guidelines. 44) The developer shall comply with all the rules, regulations and 5 design requirements of the respective sewer and water agencies regarding services to the project. tentative map, all conditions listed herein shall be complied Land Use Planning Manager. 1 6 7 with, unless specifically approved by the City Engineer and th 8 of numerical sequence with the approved phasing as shown on th 9 45) Should the developer decide to final map and develop phases ou 46) All terrace drains shall be maintained by the Homeowners 10 maintained by the Homeowners Association. Prior to final map 12 easements shall be maintained by the Homeowners Association. 11 Association. The desiltation basins and vista point shall be maintained by the Homeowners Association. The Open Space The ten foot pedestrian and bicycle access(s) shall be approval, CC&R's stating the above requirements shall be 13 approved by the Land Use Planning Manager. A note stating the responsibilities mentioned above, shall be placed on the final 14 map. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 47) 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 signec 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. //// //// //// //// //// //// PC RES0 NO. 2470 ~ -9- .., !I 0 e 1 2 3 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) i 4 Address: 5 Firm: 6 I( City, St.: ! 7 BY 8 Telephone : Date: (Name of Engineer) 911 R.C,E. NO. # - 10 11 12 13 14 15 48 1 49 1 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. Prior to recordation of any final map for this development , 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. 16 17 18 19 50) 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. In approving an extension, thc I City Council may impose new conditions and may revise existing conditions. 20 51 ) Prior to final map approval, the developer shall agree to 21 I 22 participate in an assessment district to finance the improvements to Hillside Drive. A letter written by the applicant to the City Attorney shall satisfy this condition. 23 24 25 52) Prior to final map approval, Skyline Road shall be realigned s that it does not intersect with Hillside Drive. The realignment may include either the looping of Skyline Road wit Telescope Avenue or the cul-de-sacing of Skyline Road. Fire DeDartment: '. 26 27 if deemed necessary by the Fire Marshal. 53) Additional public and/or onsite fire hydrants shall be provide 28 PC RES0 NO. 2470 !I -1 0- ll .? . e 0 1 showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. 2 54) The applicant shall submit two (2) copies of a site plan 3 /I 55) An all-weather access road shall be maintained throughout construction. 4 56) All required fire hydrants, water mains and appurtenances shal be operational prior to combustible building materials being 5 located on the project site. P 6 57) Fire retardant roofs shall be required on all structures. 7 58) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape 8 Guidelines Manual. 9 59) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the prior to construction. 10 project shall be submitted to the Fire Department for approval 11 12 /I PASSED, APPROVED AND ADOPTED at a regular meeting of the 13 I1 Planning Commission of the City of Carlsbad, California, held on 14 li the 28th day of August, 1985, by the following vote, to wit: 15 I/ AYES : Chairman Schlehuber, Commissioners: Marcus & Smith. 16 NOES : Commissioners: Hall & McFadden. 17 ABSENT : None. I 18 ABSTAIN: Commissioners Rombotis & L’Heureux. 19 I 20 21 ATTEST : 22 /I --- ”’ I i ‘,p fl &Wd& / CLXRENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 23 MICHKEL J .~LZMI&&JER Z4 LAND USE PLANNING WAGER 25 26 27 28 PC RES0 NO. 2470 -11-