Loading...
HomeMy WebLinkAbout1985-08-28; Planning Commission; Resolution 2474, 0 e 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 wit: PLANNING COMMISSION RESOLUTION NO. 2474 A RESOLUTION OF THE PLANNING COMMISSION OF THE * EIGHT-LOT SURDIVISION SERVED BY A PRIVATE STREET ON PROPERTY GENERALLY LOCATED ON THE ~ WEST SIDE OF CANYON STREET BETWEEN BASSWOOD AVENUE AND OAK AVENUE. APPLICANT : ALTON RUDEN *,*' CASE NO: CT 85-13/PUD-83 WHEREAS, a verified application for certain property, to CITY OF CARLSBAD, CALIFORNIA, APPROVING AN ..I Parcel 4 of Parcel Map 13202 and a portion of Lots'32 and 34 of Patterson's Addition, Map 565,. 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 the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th day of August, 1985, hold a duly noticed public hearing as prescribed by law, to consider said request: and WHEREAS, at said public hearing, upon hearing and 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; and^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 APPROVES CT 85-13/PUD-83, based on the following findings and subject to the following conditions: //// I//// I//// I I I1 0 0 1 Findings: // 2 1) The project is consistent with the City's General Plan since the proposed density of 4.21 du's/acre is within the density the Land Use Element of the General Plan which permits a 25 3 percent increase in areas zoned R-1-7500. 4 range of 0-4 du's/acre specified for the site as indicated in 5 6 7 8 2) The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density pro- posed. 3) The project is consistent with all City public facility pol- icies and ordinances since: 9 IO 11 12 13 14 15 16 17 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 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) The Carlsbad School District has written a letter, dated March 8, 1985, stating that school facilities will be available to this project. l8 i; 19 I/ /I c) Park-in-lieu fees are required as a condition of ap- proval. 2o I d) All necessary public improvements have been provided or will be required as conditions of approval. 21 e) The applicant has agreed and is required by the inclusion fee. Performance of that contract and payment of the fee 23 will enable this body to find that public facilities will be available concurrent with need as required by the 24 General Plan. 25 4) The proposed project is consistent with the City's Planned 26 Guidelines Manual. 27 5) The proposed project is compatible with the surrounding future 28 residential development on the General Plan. 22 of an appropriate condition to pay a public facilities Development Ordinance and also complies with the Design land uses since surrounding properties are designated for PC RES0 NO. 2474 -2- ll 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 24, 1985 and approved by the Planning Commission on August 28, 1985. Conditions: 1) Approval is granted for CT 85-13/PUD-83, as shown on Exhibit 11 A 18 I dated July 30, 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 . 14 4) This project is approved upon the express condition that the 16 City Council Policy No. 17, dated April 2, 1982, on file with 15 applicant shall pay a. public facilities fee as required by 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 March 8, 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. l? 1985, is on file with the City Clerk and incorporated herein l8 19 1 ~ 20 to the approval of the final map as required by Chapter 20.44 5) The applicant shall pay park-in-lieu fees to the City, prior 21 22 of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time 23 of building permit application. of the Carlsbad Municipal Code. 6) The applicant shall provide school fees to mitigate conditions 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. PC RES0 NO. 2474 -3- /I I 0 0 1 westerly side of the private street to the satisfaction of the City Engineer. 2 3 9) A 4 foot wide sidewalk shall be constructed in and along the Land Use Planning: 10) The applicant shall prepare a reproducible mylar of the final 4 site plan incorporating the conditions contained herein. Said 5 site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. I 6 11) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions for the 8 other common area or facilities. CC&R's shall express the above and shall be submitted to and approved by the Land Use Planning Manager prior to final map approval. 9 7 express purpose of maintaining the private street, and any 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12) The applicant shall prepare a detailed landscape and irriga- tion plan for the crib wall planting which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. Said cribwall shall be maintained and irrigated by the homeowner's association and shall be so stated in the CCR&'s. 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 l and adjacent to the project. I thriving condition, free from weeds, trash, and debris. 14) All landscaped areas shall be maintained in a healthy and 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) The applicant shall submit a street name consistent with the City's street name policy subject to the Land Use Planning Manager's approval prior to final map approval. 17) 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. 26 from the street or access road: color of identification and/or 27 18) Building identification and/or addresses shall be placed on 28 all new and existing buildings so as to be plainly visible addresses shall contrast to their background color. PC RES0 NO. 2474 -4- I, 0 0 1 2 3 4 5 6 7 8 9 XI I1 12 13 14 15 16 17 18 19 2o I 21 22 23 24 25 26 27 28 Engineering Conditions: 19) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 20) 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. 'i 21) No grading shall occur outside the limits of the subdivision 1 unless a letter of permission is obtained from the owners of I the affected properties. 22) 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. 23) All slopes within this project shall be no steeper than 2:l. 24) 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 a11 conditions and requirements the City Engineer may impose with regards to the hauling operation. 25) 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 periot 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. d 26) 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. PC RES0 NO. 2474 -5- I ll 0 0 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 20 21 22 23 24 25 26 27 28 27) Prior to final map approval, a comprehensive drainage plan shall be submitted to and approved by the City Engineer. Additional drainage improvements may be required downstream. 28) 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. I 29) 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. 30) 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. 31) Direct access rights for all lots abutting Canyon Street shall be waived on the final map. (This only applies to Lot 1). 32) 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) Half street improvements on Canyon Street along this project frontage, including offsite transitions. b) Canyon Place - full street, (32 feet wide) including a four foot maximum height retaining wall, and standard cul- de-sac as shown on the tentative map. Sewer, water, and storm drain facilities to serve this subdivision. 33) The improvements listed above shall be completed within 18 months from the date of final map approval. In the future, the applicant may apply for an extension if necessary. 34) The four foot retaining wall on the south side of Canyon Place, shall be constructed behind the concrete curb and gutter and not within the minimum width of 32 feet for this roadway. The developer shall construct a crib type wall, which shall be heavily landscaped. If permission to grade offsite cannot be obtained, a standard retaining wall may be constructed. PC RES0 NO. 2474 -6- /I 0 0 35) 1 2 3 4 36) 5 6 7 8 9 10 11 12 13 14 15 38) 16 17 18 19 :37 1 39 1 20 40) 41 1 21 22 23 24 25 42) 26 27 28 Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this I tentative map. All lots shall be no less than 7,500 square feet in accordance with the underlying zoning designation (R-1-7500) and shall conform to Title 20.16.010 (Design) and Title 21 of the Municipal Code. 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, 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 i The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map for this project. The design of all private streets , shall conform to the same standards utilized for public streets, except for width. 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. 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 and noted on the final map. 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. A Parcel Map may not be used as a Final Map, in accordance with Title 20.050.20 of the Municipal Code. 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 acquistion of title or interest. The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code. All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsiSle 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: 1 C EXES0 NO. 2474 -7- // 0 0 1 2 3 4 5 6 7 "DECLARATION OF ISESPONSIBLE 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. 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) 8 9 Firm: Address: 10 11 12 City, St.: Telephone: BY Date : (Name of Engineer) 1311 R.C.E. NO. +/ I 14 15 16 17 43) The developer shall provide the City with a reproducible mylar copy of the tentative map as approved by the Planning Coriunission. 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. 18 44) Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final 20 applicant. Said extension shall be approved or denied at tne , discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise 19 map is recorded. An extension may be requested by the 21 existing- conditions. 22 /Fire Conditions: I 23 24 45) An all-weather access road shall be maintained throughout construction. 25 shall be operational prior to combustible building materials being located on the project site. 26 47) All fire hydrants and other systems pertinent to the project 27 28 shall be submitted to the Fire Department for approval prior vicinity of the property line between Lots 2 and 3. to construction. A new fire hydrant shall be located in the 46) All required fire hydrants, water mains and appurtenances PC RES0 NO. 2474 -8- 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the 1 2 3 Planning Commission of the City of Carlsbad, California, held on the 28th day of August, 1985, by the following vote, to wit: 4 // AYES : Chairman Schlehuber, Commissioners: L'Heureux, Marcus, McFadden, Smith, Rombotis & Hall. 5 11 NOES : None. 6 7 8 9 10 11 12 ABSENT : None. ABSTAIN: None. ATTEST : 1 CTL < < ,,"< c (" g& x, #i-, .- "( 4/, CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 13 MICHAEL J. wLZMIT.&ER l4 LAND USE PLANNING MANAGER 15 16 17 18 19 2o I 21 22 23 24 25 26 ' 27 I; 28 PC =SO NO. 2474 -9- \