HomeMy WebLinkAbout1985-09-11; Planning Commission; Resolution 24860 * $'
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l// PLANNING COMMISSION RESOLUTION NO. 2486
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wit:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN 80 LOT TENTATIVE TRACT MAP AND 129 UNIT PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN INTERSTATE 5 AND CARLSBAD
BOULEVARD.
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO.: CT 85-14/PUD-90
WHEREAS, a verified application for certain property to
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All of lots 1, 2, 3, and 4 of Parcel Map Number 13653,
together with a portion of the west half of Section 33,
Township 12 South, Range 4 West, San Bernardino Base
Meridian, all in the City of Carlsbad, County of San
Diego, State of California,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 11th day of
September, 1985, hold a duly noticed public hearing as prescribed
IL~ by law to consider said request; and 18
19 WHEREAS, at said public hearing, upon hearing and
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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.
B) That based on the evidence presented at the public hearing, th, Commission recommends APPROVAL of CT 85-14/PUD-90, based on th following findings and subject to the following conditions: I/ //// 28
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1 I/ Findings: I
2 1) The project is consistent with the City's General Plan since the proposed density of 7.3 du's/acre is within the density
on the Land Use Element of the General Plan. 3 range of 4.1 - 9 du's/acre specified for the site as indicated
4 2) The site is physically suitable for the type and density of th
5 development since the site is adequate in size and shape to accommodate residential development at the density proposed.
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6 3) The project is consistent with all City public facility pol-
7 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 I
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. i
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c) Park-in-lieu fees are required as a condition of approval. 17
available to this project. 16
b) The Carlsbad School District has written a letter, dated September 10, 1985, stating that school facilities will be
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d) A11 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 i enable this body to find that public facilities will be available concurrent with need as required by the General Plan.
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' 5) The proposed project is compatible with the surrounding future 25
Guidelines Manual. 24
4) The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
land uses since surrounding properties are designated for
26 i residential or private school development on the General Plan.
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I This project will not cause any significant environmental I
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on August 24, 1985 and approved by the Planning Commission on September 11, 1985.
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.
9 )I Conditions:
10 1 ) Approval is granted for CT 85-14/PUD-90, as shown on Exhibits
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"A" - "G", dated September 6, 1985, incorporated by reference
occur substantially as shown unless otherwise noted in these conditions.
13 2) This project is approved upon the express condition that the
14 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. 15 I
16 building permits will not be issued for development of the
17 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 18 occupancy. This note shall be placed on the final map.
11 and on file in the Land Use Planning Off ice. Development shall
3) This project is approved upon the express condition that
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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 September 9, 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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1 5) The applicant shall pay park-in-lieu fees to the City, prior to
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the approval of the final map as required by Chapter 20.44 of
the Carlsbad Municipal Code .
6) 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.
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1 7) The applicant shall give notice of the conversion to all tenants as required by the Subdivision Map Act and the Carlsbad
2 Municipal Code.
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8) Approval of this request shall not excuse compliance with all
sections of the Batiquitos Lagoon Educational Park Master Plan,
all sections of the Zoning Ordinance and all other applicable
City ordinances in effect at time of building permit issuance.
9) 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. I
Land Use Planning:
10) The applicant shall prepare a reproducible mylar of the final
9 site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use
10 Planning Manager prior to the issuance of building permits.
11 11) The applicant shall establish a homeowner's association for
this subdivision and corresponding covenants, conditions and
by the Land Use Planning Manager prior to final map approval.
the Master Educational Park Association.
12 restrictions. Said CC&R's shall be submitted to and approved
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Said homeowner's association shall be a participating member of
plan which shall be submitted to and approved by the Land Use 15
Land Use Planning Manager prior to the recordation of the final 17
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adjacent to the project. 18
12) The applicant shall prepare a detailed landscape and irrigation
Planning Manager prior to the issuance of building permits.
13) A 500' scale map of the subdivision shall be submitted to the
map. Said map shall show all lots and streets within and
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I 14) All parking lot trees shall be a minimum of 15 gallons in
size.
15) All landscaped and open space areas in this subdivision shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris by the homeowner's association.
16) Any signs proposed for this development shall be designed in
conformance with the sign program outlined in the Batiquitos Lagoon Educational Park Master Plan and shall require review and approval of the Land Use Planning Manager prior to installation of such signs.
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 .
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18) 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.
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19) 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. 1 6
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20) 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.
21) Approval of Tentative Tract No. 85-14 is granted subject to
approval of Master Plan 175.
22) The developer shall display a current Zoning and Land Use Map
and site plan for the Batiquitos Educational Park in the sales office at all times, and/or suitable alternative to the satisfaction of the Land Use Planning Manager.
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23) 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.
24) Building identification and/or addresses shall be placed on al:.
new and existing buildings so as to be plainly visible from the
street or access road; color of identification and/or addresseE shall contrast to their background color.
25) Prior to occupancy of any units, the applicant shall construct a directory sign at the entrance to the project. The design of
this sign shall be approved by the Land use Planning Manager.
26) 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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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.
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29) 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 contour 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.
~ 13 30) No grading shall occur outside the limits of the subdivision
31) All slopes within this project shall be no steeper than 2:l. 15
the affected properties. 14
unless a letter of permission is obtained from the owners of
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32) Prior to hauling dirt or construction materials to any proposet 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.
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 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 naintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
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34) Prior to issuance of grading permits, a detailed landscape and
irrigation plan shall be submitted to and approved by Parks
and Recreation Department and the Land Use Planning Manager.
35) 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.
36) 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 tk.1
City Engineer.
37) 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.
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.
39) Prior to final map approval, Avenida Encinas as previously
dedicated per Minor Subdivision No. 595 shall be vacated.
40) Direct access rights for all lots abutting Interstate 5 Freeway shall be waived on the final map.
41) Prior to occupancy of any building constructed in Phase I, a traffic signal, approved by the City Engineer, shall be designed and installed by the developer at the intersection o Poinsettia Lane and Avenida Encinas. I //// I ////
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43)
Prior to final map approval for Phase I a detailed traffic
study shall be completed by an independent consultant (paid for by the developer) which shall address traffic impacts on
Avenida Encinas, Carlsbad Boulevard, Poinsettia Lane and on La Costa Avenue, all major internal streets, the intersections of
La Costa Avenue and 1-5, La Costa Avenue and Carlsbad Boulevard, Avenida Encinas and Poinsettia Lane, Avenida Encinas and Carlsbad Boulevard, Poinsettia Lane and 1-5 and Poinsettia Lane and Carlsbad Boulevard. (To include all areas generally
bounded by 1-5, La Costa Avenue, Carlsbad Boulevard and
Poinsettia Lane). This traffic study shall indentify traffic
facilities needed to correct existing and future deficiencies
and establish the proportionate costs to be paid by various
developments. The study shall include, but not be limited to,
bridge widening, ramp modification, traffic control devices and street construction. This traffic study shall be updated prior
to commencement of any phase of this Master Plan and required
improvements shall be installed concurrent with need.
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) Avenida Encinas off-site shall be improved by the developer based on a curb-to-curb face width of 64 feet from the existing full-width improvements to the northerly project property line.
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b) Avenida Encinas shall be dedicated and improved by the developer based on a right-of-way width of 96 feet and the typical section shown on the tentative map from the northerly property line to Windrose Circle,
c) The southerly portion of Windrose Circle from Avenida Encinas to the westerly intersection of Ensign Circle shall be dedicated and improved by the developer based on
a right-of-way width of 96' and the typical section shown
on Exhibit VII-B of the Master Plan (MP-175).
d) The private streets, Ensign Circle, together with Navigato Circle and Navigator Court shall be improved by the
developer based on a 36 foot curb-to-curb typical section as shown on the tentative map,
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included in the design.
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f) The sanitary sewer shall be constructed offsite in the
Windrose Circle general utility and access easement to the
easterly AT&SF Railway right-of-way line and northerly along the right-of-way line to connect with the existing 27-inch sewer.
g) The existing 66-inch diameter storm drain shall be
relocated by the developer (see Exhibit VII-E of MP-175).
h) Water service to Phase I shall be provided by connecting to
the existing 8" A.C.P. water main in Avenida Encinas and b making a temporary connection to the existing 8" A.C.P.
water main east of the temporary connection shall be I abandoned.
i) All remaining onsite water, sewer, storm drains and grading as shown on the approved tentative map CT 85-14. 1
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44) 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 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.
45) All private streets and drainage systems shall be maintained bl the homeowner's association in perpetuity. This responsibilitl shall be clearly stated in the CC&R's.
46) 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.
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19 I 47) Unless a standard variance has been issued, no variance from
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City Standards is authorized by virtue of approval of this
tentative map.
" II I ZL 48) The developer shall comply with all the rules, regulations and
22 design requirements of the respective sewer and water agencies
regarding services to the project.
23 49) All private driveways shall be kept clear of parked vehicles at
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all times, and shall have posted "NO Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
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50) 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 signet
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 ,
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)
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approval by the City. The map shall be submitted to the City
copy of the tentative map as approved by the Planning 51) The developer shall provide the City with a reproducible mylar 18
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Engineer prior to improvement plan submittal. 20
Commission. The tentative map shall reflect the conditions of
21 52) Prior to recordation of any final map for this development for
this project, the owner shall give written consent to the
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Lighting and Landscaping District No. 1, 23
Tentative Map into the existing City of Carlsbad Street annexation of the area shown within the boundaries of the
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53) 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, th City Council may impose new conditions and may revise existing conditions. I
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54) The developer shall grant an open space easement over that
poriton of the property within the open space zone (Lot No, 3) and over the property designated open space easement in Exhibit
"E", dated February 9, 1983. This entire area shall be considered a wildlife preserve, allowing only pedestrian trails, erosion control structures, underground easements, and view points, as approved by the Land Use Planning Manager. This easement shall be dedicated prior to final map approval,
55) Prior to issuance of any permits for development of this
project the applicant shall submit to the Land Use Planning
Manager an acceptable study of sound attentuation mitigation.
This study shall include recommendations to reduce the sound
impacts from the freeway to this project,
Fire Department:
56) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
57) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal,
58) The applicant shall submit 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.
59) An all-weather access road shall be maintained throughout
construction.
60) All required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being
located on the project site.
61 ) Fire retardant roofs shall be required on all structures.
62) 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 construction.
63) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft, (or
less) areas.
Parks and Recreation:
64) The applicant shall provide an "open space easement
maintenance" program per the Landscape Guidelines Manual prior
to issuance of building permits (to include bluffs and
lagoon) .
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1 65) The applicant shall be required to provide a pedestrian trail
system plan within the vicinity of the Batiquitos Lagoon, to
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PASSED, APPROVED AND ADOPTED at a regular meeting of the 3
be approved by the Land Use Planning Manager.
4 Planning Commission of the City of Carlsbad, Calfornia, held on the
5 11th day of September, 1985, by the following vote, to wit:
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AYES : Chairman Schlehuber, Commissioners: L'Heureux, Marcus, Smith and Hall.
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NOES : None .
ABSENT: Co~iSSioners McFadden and Rombotis.
ABSTAIN: None. pL u
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
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