HomeMy WebLinkAbout1985-08-28; Planning Commission; Resolution 2474, 0 e
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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
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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:
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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
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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:
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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.
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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
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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
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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
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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
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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
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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.
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1 westerly side of the private street to the satisfaction of
the City Engineer. 2
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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
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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.
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from the street or access road: color of identification and/or 27
18) Building identification and/or addresses shall be placed on
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all new and existing buildings so as to be plainly visible
addresses shall contrast to their background color.
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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.
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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.
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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.
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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-
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"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)
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Firm:
Address:
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City, St.:
Telephone:
BY Date :
(Name of Engineer)
1311 R.C.E. NO. +/ I
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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
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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
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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
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PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
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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.
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ABSENT : None.
ABSTAIN: None.
ATTEST :
1 CTL < < ,,"< c (" g& x, #i-, .- "( 4/,
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
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MICHAEL J. wLZMIT.&ER l4 LAND USE PLANNING MANAGER
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