HomeMy WebLinkAbout1985-08-28; Planning Commission; Resolution 2473., -. \
0 a
1
2
3
4
5
PLANNING COMMISSION RESOLUTION NO. 2473
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 77 UNIT
TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT ON
PROPERTY GENERALLY LOCATED ON AN 11-ACRE SITE BETWEEN ELM
AVENUE AND HOSP WAY AT THE FOREST STREET STUB.
CASE NO.: CT 84-33/PUD-74
APPLICANT: VISTA DE LA VALLE
.~
6
7 wit:
WHEREAS, a verified application for certain property to,
8
9
10
A portion of the northwest quarter of the southwest
quarter of Section 32, Township 11 South, Range 4 West,
San Bernardino Base and Meridian, in the County of San
Diego, State of California,
11
12
13
14
15 WHEREAS, the Planning Commission did, on the 28th day of
16 August, 1985, hold a duly noticed public hearing as prescribed by
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request I as provided by Title 21 of the Carlsbad Municipal Code; and I
17
18 i
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
19 /considering all testimony and arguments, if any, of all persons
esiring to be heard, said Commission considered all factors
elating to the Tentative Tract Map and Planned Unit Development. :: 1 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
23 I ommission as follows:
) That the above recitations are true and correct. 24
25
26
p) That based on the evidence presented at the public hearing,
on the following findings and subject to the following
the Commission recommends APPROVAL of CT 84-33/PUD-74, based
conditions:
27 ///
28 s ///
! r’/ I I \
*. .L
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
I I
0 e
Findings:
1) The project is consistent with the City's General Plan since the proposed density of 7 du's/acre is within the density rang
of 4-10 du's/acre specified for the site as indicated on the
Land Use Element of the General Plan.
2) The site is physically suitable for the type and density of thc
development since the site is adequate in size and shape to accommodate residential development at the density proposed. 1
3) The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriatl 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 satisfie1 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) The Carlsbad School District has written a letter, dated
August 30, 1984, stating that school facilities will be available to this project.
c) Park-in-lieu fees are required as a condition of approval.
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 th.e General Plan.
4) The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design
Guidelines Manual .
I I i 5) The proposed project is compatible with the surrounding future
~
land uses since surrounding properties are designated for residential development on the General Plan. 1 //// 1 PC RES0 NO. 2473 -2-
.. 0 0
I.
1 6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Planning Commission on August 28, 1985. 2 Use Planning Manager on July 27, 1985 and approved by the
3
4
5
6
7
8
7) 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 direc need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are no
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.
t
t
g Cpnd i t ions :
10 1) Approval is granted for CT 84-33/PUD-74, as shown on Exhibits
"A" - "Dl', dated August 21, 1985, incorporated by reference anc
occur substantially as shown unless otherwise noted in these 11
cond it ions . 12
on file in the Land Use Planning Office. Development shall
13
facilities are available at the time of application for such 17
building permits will not be issued for development of the 16
15
as of the time of such approval that sewer service is availablc 14
2) This project is approved upon the express condition that the
occupancy. This note shall be placed on the final map. 18
final map shall not be approved unless the City Council finds
to serve the subdivision.
3) This project is approved upon the express condition that
subject property unless the City Engineer determines that sewel
sewer permits and will continue to be available until time of
19
20
14)
21
22
23
24
25
26
27
28
5)
6)
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by Cit: 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 August 29, 1984, 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.
The applicant shall pay park-in-lieu fees to the City, prior tc the approval of the final map as required by Chapter 20.44 of
the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate conditions
of overcrowding as part of building permit application. These
fees shall be based on the fee schedule in effect at the time of building permit application.
PC RES0 NO. 2473 -3-
.. 0 0
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
7) 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,
8) Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
Land Use Planning:
9) 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.
10) The applicant shall establish a homeowner's association and
correspondinq 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.
11) The final map shall include an open space maintenance easement
to the Homeowners Association for maintenance of all open
space/recreation areas, parking areas, and manufactured
slopes ,
12) The applicant shall prepare a detailed landscape and irrigation
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
13) 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.
14) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
15) Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
review and approval of the Land Use Planning Manager prior to
installation of such signs.
16) A uniform sign program for this development shall be submitted
to the Land Use Planning Manager for his review and approval
prior to occupancy of any building.
17) Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Land Use Planning
Manager .
////
//// PC RES0 NO. 2473
1
-4-
,. I1 0 0 I
.I II I
1
2
18)
4
3
6
5
7
8
9
10
19)
20)
I
All 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.
The applicant shall submit a street name list consistent with the City's street name policy subject to the Land Use Planning
Manager's approval prior to final map approval.
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 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.
11 21) The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative
12 to the satisfaction of the Land Use Planning Manager.
13
existing schools, parks, and streets. 14
22) All sales maps that are distributed or made available to the
23) Building identification and/or addresses shall be placed on al: 15 new and existing buildings so as to be plainly visible from thr
16 street or access road; color of identification and/or addresse:
shall contrast to their background color.
17
18 a directory sign at the entrance to the project. The design of
19
20 facilities, or the payment of any fees in lieu thereof, inposeli
21 challenged this approval shall be suspended as provided in
22 determined to be invalid this approval shall be invalid unless
23 condition complies with all requirements of law.
public shall include but not be limited to trails, future and
24) Prior to occupancy of any units, the applicant shall construct
this sign shall be approved by the Land Use Planning Manager.
25) If any condition for construction of any public improvements 0:
by this approval or imposed by law on this project are
Government Code Section 65913.5. If any such condition is
the City Council determines that the project without the
24
25
26
27
28
26) All retaining walls required on the property shall be designed and constructed in a crib fashion and shall be appropriately landscaped to the satisfaction of the Land Use Planning Manager. All crib wall planting shall be properly maintained and shall be the responsibility of the homeowner's association.
The CC&R's shall state this clearly.
//// PC RES0 NO. 2473 -5-
*. il I. 0 0 ~
27) All parking stalls fronting on public or private streets shall
include adequate landscaping and/or berming treatments to buffer them from onstreet views. 1
2
3
28) CC&R's shall contain a provision prohibiting the parking or storage of recreational vehicles within the boundaries of the project.
4 11 Engineering: I
5
6
29) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
I
7
8
9
10
X' 31 ) No grading shall occur outside the limits of the subdivision
12 unless a letter of permission is obtained from the owners of
the affected properties.
l3 32) A separate grading plan shall be submitted and approved and a
14
30) 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.
separate grading permit issued for the borrow or disposal site
if located within the city limits.
l5 33)
16
17
18
19 34)
20 35)
21
22
23
24
25
26
27
28
Prior to hauling dirt or construction materials to any proposec
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 requirements the City Engineer may impose with regards to the hauling operation.
All slopes within this project shall be no steeper than 2: 1 .
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 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.
fl
11 PC RES0 NO. 2473 -6- I
A
*.
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
e 0
36) 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.
37) 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 thc City Engineer.
38) The owner of the subject property shall execute a hold harmles
agreement regarding drainage across the adjacent property prio to approval of the final map for this project. 1
39) Prior to final map approval a comprehensive drainage plan
shall be submitted to and approved by the City Engineer.
Additional structures may be required.
40) The developer shall make an offer of dedication to the City fo 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.
r
41) Direct access rights for all lots abutting Forest Street,
except as shown on tentative map shall be waived on the final map e
42) 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) Forest Street: Full width from its easterly terminus,
b) Private Street "A" and Driveway ''€3" as shown on the
c) Complete storm drain facilities (the system shown on the
d) Sewer, and water systems to serve this subdivision.
e) A traffic signal and warning light system, at Forest and
Hosp Way. (As determined by the City Engineer).
thru this subdivision as shown on the tentative map.
tentative map.
tentative map is specifically not approved).
The improvements mentioned above shall be constructed within
12 months after final map approval.
////
PC RES0 NO. 2473 -7-
I
~
.. e 0 i I
43) 1
2
3
4
5
6
7
8
44 1
Unless a standard variance has been issued, no variance from City Standards is 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 sign 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.
I
9 45) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
10 regarding services to the project.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
46) The design of all private streets, driveways and drainage
systems shall be 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.
47) All private driveways 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.
48) Some improvements shown on the Tentative Map and/or required by
these conditions are located offsite on property which neither
the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall conform to Section 20.16.095
of the Carlsbad Municipal Code.
49) 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:
25 11 "DECLARATION OF RESPONSIBLE CHARGE"
26
27
28
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. 2473 -a-
,.
1
2
3
0 e
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a revie only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm) 1
4 11 F irra : I /I Address: 5
6 ll City, St.: 1
7
a
Telephone :
BY
(Name of Engineer)
Date :
9 R.C.E. NO. #
10 50) The developer shall provide the City with a reproducible mylar
Commission. The tentative map shall reflect the conditions of copy of the tentative map as approved by the Planning
approval by the City. The map shall be submitted to the City
11
12 Engineer prior to improvement plan submittal.
13
14
15
16
51) 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
City Council may impose new conditions and may revise existing
conditions.
~ discretion of the City Council. In approving an extension, thi?
~ 17
18
52) No lot within this subdivision shall be further subdivided, a
19
note clearly stating this shall be placed on the final map.
Fire Department:
53) Additional public and/or onsite fire hydrants shall be provided 20
onsite roads and drives to the Fire Marshal for approval. 22
if deemed necessary by the Fire Marshal.
21 54) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
23
24
55) An all-weather access road shall be maintained throughout
27
26
be operational prior to combustible building materials being 25
construction.
56) All required fire hydrants, water mains and appurtenances sha1:-
located on the project site.
57) Fire retardant roofs shall be required on all structures.
28 PC RES0 NO. 2473 -9-
, ,. I -- I/ 0 0
1 specifications contained in the City of Carlsbad Landscape Guidelines Manual. 2
58) Brush clearance shall be maintained according to the
3 59) 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 approva 4 prior to construction.
5 PASSED, APPROVED XVD ADOPTED at a regular meeting of the
6
the 28th day of August, 1985, by the following vote, to wit:
7 Planning Commission of the City of Carlsbad, California, held on
8
9
10
I1
12
13
14
AYES : Chairman Schlehuber, Commissioners: Marcus,
McFadden, Smith & Rombotis.
NOES: Commissioners: L'Heureux & Hall.
ABSENT : None.
ABSTAIN: None. (33 .'; I
"&+C- &&I 0%
\ w
CLARENCE SCHLBHUBER, Chairman
CARLSBAD PLANNING COMMISSION
l5 /I ATTEST:
16
17
18 LAND USE PLANNING MANAGER
19 I I
20
21
22
23
24
25
26
27
28 PC RES0 NO. 2473 -10-
.1