HomeMy WebLinkAbout1985-10-23; Planning Commission; Resolution 2492I! 0 e
1 PLANNING COMMISSION RESOLUTION NO, 2492
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 537 UNIT TENTATIVE TRACT MAP AND
PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF ALGA ROAD
AND ALICANTE ROAD.
APPLICANT: ALGA HILLS
CASE NO: CT 84-41/PUD-77
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7 11 WHEREAS, a verified application for certain property, to I
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wit:
Parcels 1 and 3 of Parcel No. 13158, in the City of
Carlsbad, County of San Diego, State of California,
recorded in the Office of the County Recorder of San
Diego County, on February 21, 1984 as File No. 84-061796
of Official Records,
has been filed with the City of Carlsbad, and referred to the
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Planning Commission; and
WHEREAS, said verified application constitutes a request
14((as provided by Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 25th day of
September, 1985 and on the 23rd of October, 1985, hold a duly
1711noticed public hearing as prescribed by law to consider said
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!considering all testimony and arguments, if any, of all persons
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irequest; and 19 I WHEREAS, at said public hearing, upon hearing and
2111desiring to be heard, said Commission considered all factors
22 r elating to the Tentative Tract Map and Planned Unit Development,
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
24 /1Commission as follows:
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26 I ) That the above recitations are true and correct.
) That based on the evidence presented at the public hearing,
27 the Commission hereby recommends APPROVAL of CT 84-41/PUD-77,
based on the following findings and subject to the following
28 conditions:
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Findings:
1) The project is consistent with the City's General Plan since the proposed density of 8.39 du's/acre is within or slightly below the density range of 9.1-15 du's/acre specified for the site as indicated on the Land IJse Element of the General
Plan.
2) The site has been made 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 proposed .
3) The project is consistent with all City public facility pol-
icies and ordinances since:
a) The Planning Commission has! by inclusion of an appropriate condition to tln~s 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 dletermines 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 San Marcos School District has written a letter, dated November 20, 1984, stating that school facilities will be available to this project.
c) Park-in-lieu fees are required as a condition of ap-
proval.
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.
4) The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
Guidelines Manual.
5) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for
residential development on the General Plan.
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6) This project will not cause any significant environmental
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3 7) This project requires the construction of the improvements or
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6 burden on existing improvements and facilities. Further, the
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 25, 1985.
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
improvements and facilities are necessary to provide safe,
project consistent with City goals, policies and plans. 7 adequate and appropriate service to future residents of the
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Conditions:
1 ) Approval is granted for CT 84-41/PUD-77, as shown on
10 Exhibits "A" - "M", dated September 10, 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 . 11
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13 final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is
14 available to serve the subdivision.
2) This project is approved upon the express condition that the
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3) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the Ci.ty 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 .
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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 November 27, 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.
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27 of overcrowding as part of building permit application. These
fees shall be based on the fee schedule in effect at the time
5) The applicant shall pay park-in-lieu fees to the City, prior to 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
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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.
Land Use Planning Conditions:
9) The applicant shall prepare a 24"x36" 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.
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11 11) All perimeter landscaping shall be provided concurrent with
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10) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said
CCstR's shall be submitted to and approved by the Land Use Planning Manager prior to final map approval.
the first phase of development subject to the satisfaction of the Land Use Planning Manager.
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12) The final map shall include an Open Space maintenance easement to the homeowners association for maintenance of all Open
Space/recreation areas, manufactured slopes, and parking areas.
13) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land
Use Planning Manager prior to the issuance of building permits.
14) 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.
15) A master plan of the existing onsite trees shall be provided to the Land use Planning Manager as part of the final grading
plan to determine which trees shall be required to be preserved prior to the issuance of a grading permit or a building permit, whichever occurs first.
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16) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
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17) 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.
18) A uniform sign program for this development shall be submittec to the Land Use Planning Manager for his review and approval prior to occupancy of any building.
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19) 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.
20) 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,
21) 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,
22) 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.
23) 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.
24) 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.
25) 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.
26) 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.
27 1 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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All retaining walls greater than four feet 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. Retaining walls less than four feet shall be of brown slump stone with red brick cap. 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.
CC&R's shall contain a provision prohibiting the parking or
storage of recreational vehicles onsite. In addition, the
applicant shall participate in the design and location of a
permanent RV storage facility in the La Costa area, and in
this project's fair share of the cost of such facility.
.neering Conditions:
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 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 Citl;
Engineer and verify compliance with Chapter 11 -06 of the
Carlsbad Municipal Code.
Upon completion of grading, the developer shall ensure that ar "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geolog'y as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour 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.
The applicant shall prepare a comprehensive drainage plan with hydraulic calculations to establish non erosive drainage from this subdivision to the nearest improved, public drainagt
system. Specifically: the proposed drainage across Lot 5, 6
and 7 shall be designed to provide protection to the sewer main, existing terrain and downstream properties.
The developer shall provide for temporary desiltation basins at the points above storm drain systems, to prevent siltation
of public and adjacent properties, each basin proposed shall
be designed in accordance with City of Carlsbad Design
Standard DS-3. After stability of upstream areas have been
established to the satisfaction of the City Engineer the basins may be removed.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent property prior to approval of any grading or building permit for this project.
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36) The applicant shall provide the minimum streets and driveway
widths as shown on the Tentative Map.
37) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of
the affected properties.
38) 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.
39) All slopes within this project shall be no steeper than 2:l.
40) 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 conditions and requirements the City Engineer may impose
with regards to the hauling operation.
41) 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.
42) 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-
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43) 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.
44) 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.
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45) 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 prior to issuance of any building permit 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.
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Alga Road shall be dedicated by the developer along the
subdivision frontage based on a centerline to right-of-way width of 51' feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
Direct access rights for all lots abutting Alga Road, Alicante Road and Altisma Way (except specific points of
access as shown on the tentative map) shall be waived on the
final map.
48) 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:
All public streets and driveway systems and utilities to
serve this subdivision mentioned above and/or shown on
the tentatie map, including access ramps at all corners, street lights and frontage sidewalk replacement, if found
defective due to erosion or lack of use.
,49) Improvements listed above shall be constructed within 12
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months of final map approval and/or improvement plan approval, whichever occurs first.
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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.
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51) The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in
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conformance with City of Carlsbad Standards. The trees shall
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be of a variety selected from the approved Street Tree List.
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52) The proposed median opening on Alga Road is specifically not
approved.
53) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
54) 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 City of Carlsbad standards of public streets.
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.
55) 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.
56) 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.
57) All private streets, and where applicable, 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.
58) 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:
"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.
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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)
311 Firm:
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5 11 City, St.: I
I 6 /I Telephone: I 7 BY Date : (Name of Engineer) 8 I/ R.C.E. NO. # 9
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59) 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 copy 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.
60) Prior to recordation of any final map for this development approval of any grading or building permits for this project, 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.
17 61) Approval of this tentative tract map shall expire twenty-four
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map is recorded. An extension may be requested by the 18 months from the date of City Council approval unless a final
applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise
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62) Developer shall, prior to final map approval, enter into an agreement with the City for the developer to pay a traffic impact fee for the developer's share of mitigating anticipated future traffic problems at and near the intersection of El Camino Real and Olivenhain Road, and at and near the intersection of El Camino Real and La Costa Avenue. The interim fees to be collected, at the time of
building permit issuance, shall not exceed $250 per single family housing unit, nor $200 per multiple family housing unit. The amount of such fees shall be determined by the City Council based on an area traffic impact study to be undertaken by the City and concluded within six months after approval of applicant's tentative tract map.
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Fire Conditions:
63) An all-weather access road shall be maintained throughout construction.
64) All required fire hydrants, water mains and appurtenances
shal:L be operational prior to combustible building materials being located on the project site.
65) Fire retardant roofs shall be required on all structures.
66) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape
Guidelines Manual.
67) 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.
68) All private streets shall be posted "NO Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040 Carlsbad Municipal
Code .
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 23rd day of October, 1985, by the following vote, to wit:
RYES : Chairman Schlehuber, Commissioners: L'Heureux, Marcus, Smith and Holmes.
NOES : Commissioner McFadden.
ABSENT : None .
ABSTAIN: Commissioner Hall.
CLARENCE SCBLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST :
LAND USE PLANNING MANAGER
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