HomeMy WebLinkAbout1985-11-13; Planning Commission; Resolution 24910 *
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PLANNING COMMISSION RESOLUTION NO. 2491
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 196 LOT
TENTATIVE TRACT MAP AND 189 UNIT PLANNED UNIT DEVELOPMENT
ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF RANCHO
SANTA FE ROAD SOUTH OF OLIVENHAIN ROAD IN THE SOUTHERN END
OF THE CITY.
APPLICANT: RICE PROPERTY
CASE NO.: CT 85-1O/PUD-81
7 WHEREAS, a verified application for certain property, to
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The easterly half of Lot 14, and a portion of the westerly
Lot 14 of Rancho Las Encinitas in the County of San Diego,
office of the County Recorder of San Diego County,
9 half of Lot 14; and the south 60 feet of the west half of
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State of California to Map thereof No. 848 filed in the
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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 25th day of
September, 1985, 23rd day of October, 1985 and on the 13th day of
November, 1985, hold a duly noticed public hearing as prescribed by
law to consider said request; and
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~ WHEREAS, at said public hearing, upon hearing and
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24 Commission as follows:
25 A) That the above recitations are true and correct.
26 5) That based on the evidence presented at the public hearing,
27 the Commission hereby recommends APPROVAL of CT 85-10/PUD-81,
28 conditions:
eonsidering 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
based on the following findings and subject to the following
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1 Findings:
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1) The project is consistent with the City's General Plan since
the proposed density of 2.40 du's/acre is within the density
range of 1-4 du's/acre specified for the site as indicated on
the Land Use Element of the General Plan,
2) The site is physically suitable for the type and density of
the development since the site is adequate in size and shape to accommodate residential development at the density pro-
posed.
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3) The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an
9 appropriate condition to this project, ensured that the final map will not be approved unless the City Council
project. In addition, the Planning Commission has added
that building permits may not be issued for the project
available, and building cannot occur within the project
Commission is satisfied that the requirements of the
met insofar as they apply to sewer service for this
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condition that a note shall be placed on the final map 11
finds that sewer service is available to serve the
unless the City Engineer determines that sewer service is 12
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Public Facilities Element of the General Plan have been 14
unless sewer service remains available, and the Planning
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b) School fees will be paid to ensure the availability of school facilities in the Encinitas and San Dieguito school districts.
l8 ll c) Park-in-lieu fees are required as a condition of ap- proval.
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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.
f) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad.
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Guidelines Manual. 27
4) The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
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1 5) The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
2 residential development on the General Plan.
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The environmental effects of this project have been considered in conjunction with previously certified environmental documents and a Notice of Prior Environmental Compliance has
been issued by the Land Use Planning Manager on August 24,
1985 and approved by the Planning Commission on September 25,
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.
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otherwise noted in these conditions. 15
Development shall occur substantially as shown unless by reference and on file in the Land Use Planning Office. 14
Exhibits "A" - "E", dated September 3, 1985, incorporated
1 ) Approval is granted for CT 85-10/PUD-81, as shown on 13
Conditions :
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4)
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.
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 .
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 February
15, 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 the approval of the final map as required by Chapter 20 -44
2 of the Carlsbad Municipal Code.
3 6) The applicant shall provide school fees to mitigate conditions
of overcrowding as part of building permit application. These
of building permit application. 4 fees shall be based on the fee schedule in effect at the tiroe
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sections of the Zoning Ordinance and all other applicable City
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7) Approval of this request shall not excuse compliance with all
ordilnances in effect at time of building permit issuance.
8) Water shall be provided by the Olivenhain Municipal Water
g Land Use Planning Conditions: I/
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9) The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
10) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Land use
Planning Manager prior to final map approval.
11) The 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.
12) 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.
13) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
14) 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.
15) 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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1 16) The applicant shall submit a street name list consistent with the City's street name policy subject to the Land Use Planning
2 Manager's approval prior to final map approval.
3 17) The developer shall provide a minimum of 25 percent of the lots
with adequate sideyard area for Recreation Vehicle storage
storage of recreational vehicles in the required front yard I 4
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pursuant to City Standards. The CC&R's shall prohibit the
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7 to the satisfaction of the Land Use Planning Manager. I
6 18) The developer shall display a current Zoning and Land Use Map 1 in the sales off ice at all times, and/or suitable alternative 1
8 19) All sales maps that are distributed or made available to the
public shall include but not be limited to trails,. future and
9 existing schools, parks, and streets.
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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.
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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1 personnel to develop a mitigation program which shall be 18
I shall employ a qualified archaeologist and associated 22) Prior to any grading on the subject property, the applicant
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19 I approved by the City and executed by the consultant. Said
program shall include excavation of test units on the sites,
collection of artifacts from the surface of the site, analysis
to and approved by the City of Carlsbad. 20 of the artifacts, and preparation of a report to be submitted
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23 undeveloped areas to the satisfaction of the City Attorney.
23) All front yard setbacks shall be a minimum of twenty feet.
24) The applicant shall provide an open space easement for all
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24 25) All parks, recreation and open space areas shall be maintained by the homeowner's association. This shall be stated in the
CC&R's. 25 I"-- 26 Engineering Conditions:
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26) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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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.
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 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.
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No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties.
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.
All slopes within this project shall be no steeper than 2:l.
This site has been recently graded without supervision or
inspection of canyon fill areas. Prior to approval of a
grading permit, the applicant shall submit specific soils
investigation/reports on these areas with recommendations and
supportive calculations to guarantee the stability of this
project, Peer review of this report may be required by the
City Engineer, depending on the extent of unstable fill
areas .
Within 30 days of this approval the applicant shall cause an erosion control plan and desiltation basin(s) to be installed upstream from Encinitas Creek, the plan and basin location as approved by the City Engineer, Failure to comply with this condition, shall render the application for tentative map
invalid, in accordance with Sections 11.06.150, 11.06.160 and 11.06.210, of the Municipal Code and 66499.36, of the Subdivision Map Act. This condition shall serve as notice of
violation pursuant thereto.
The offsite graded area which blocks the blue line stream
shall be removed. The stream bed shall be regraded to a sensitive riparian area as once existed. Inspection of this area shall include City, and Department of Fish and Game.
The area crosses Lot 195, designated as Open Space.
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35) The applicant shall provide a culvert/drainage system to drain
the blue line stream mentioned above, under "A" Street
adjacent to Lot 165. This culvert/drainage system shall be designed to handle all future runoff of this area.
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36) 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.
37) 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.
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38) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County
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Department of Sanitation and Flood Control or the City Engi-
neer .
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39) 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,
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40) The developer shall construct desiltation/detention basins of a 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 project as required by the City Engineer.
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41 ) 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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1 42) The developer shall make an offer of dedication to the City fol all public streets and easements required by these conditions
Certificate on the Final Map for this project. All land so
liens and encumbrances and without cost to the City. Streets
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or shown on the Tentative Map. The offer shall be made by a
that are already public are not required to be rededicated. 4
offered shall be granted to the City free and clear of all
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43) Direct access rights for all lots abutting "A" Street shall be
waived on the final map.
44) The applicant shall relinquish access of the southerly 1.5
acres of Lot 190 and provide dedication of "A" Street offsite
as shown on tentative map, the proposed dedication shall
include slope rights, without the obligation to maintain them.
45) The minimum center line radius of "A" Street shall be 375 feet
(westerly) to Rancho Santa Fe, and (northerly) to Calle Acervo
as shown on the tentative map.
11 46) "A" Street shall be constructed to full width collector standards offsite, to Rancho Santa Fe and to Calle Acervo
portion from this project to Rancho Santa Fe Road may delete
Condition No. 561, except that a temporary A.C. paved sidewalk
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prior to occupancy of any unit within this subdivision. The
shall be installed to the satisfaction of the City Engineer. 14
construction of sidewalk improvements (except as noted in
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The cul-de-sacs shown on the tentative map shall be redrawn to
conform to City of Carlsbad Standards GS-3 and GS-4.
Streets "A" and "B" shall be public streets. Streets "F",
"K", "G" , and "H" shall be minimum 40 feet curb-to-curb width (plus standard five foot sidewalk).
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) On Rancho Santa Fe Road at "A" Street, acceleration and deceleration lanes shall be provided 400 feet in each direction.
map
b) All streets mentioned herein and shown on the tentative
c) Storm drainage facilities to serve this subdivision d) Sewer, water, cable TV etc....to serve this subdivision
e) Design and proportional bonding (1/2) for traffic signal at Rancho Santa Fe Road and "A" Street.
((PC RES0 NO. 2491 -8- I 28
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51 ) Unless a standard variance has been issued, no variance from 3
whichever occurs first, 2
50) Improvements listed above shall be constructed within 12
City Standards is authorized by virtue of approval of this
4 tentative map except the width of public streets (private streets area minimum 46 feet wide, with public utility
months of final map approval and/or improvement plan approval,
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5 easement as required). I
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6 52) The developer shall install street lights along all public and ~
40-foot intervals along all public and private street 53) The developer shall install street trees at the equivalent of 8
Standards. 7 private street frontages in conformance with City of Carlsbad i
trees shall be of a variety selected from the approved Street 9 frontages in conformance with City of Carlsbad Standards. The
LO Tree List ,
11 54) The developer shall install sidewalks along all public and
private street frontages in conformance with City of Carlsbad
12 Standards prior to occupancy of any buildings.
13 55) The developer shall install a wheelchair ramp at all
56) The developer shall comply with all the rules, regulations and 15
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City of Carlsbad Standards prior to occupancy of any build- 14
street corners abutting the subdivision in conformance with
16 design requirements of the respective sewer and water agencies
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18 incorporate all improvements south and west of intersection of
"A" and "B" Street, full width, as required by the City Engineer and mentioned herein, Phase I1 shall incorporate the remaining improvements of this subdivision.
regarding services to the project.
57) This subdivision proposes two phases. Phase I shall
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~ 158) All concrete terrace drains shall be maintained by the
homeowner's association (if on commonly owned property) or the ''/I 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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24 1 9) The Subdivider shall provide separate sewer, water, gas, and
electric services with meters to each of the units.
25 '60) The applicant shall agree to utilize reclaimed water, in Type
approved by the City Engineer. 26
I form, on the subject property in all common areas as
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Irrigation systems to accommodate future reclaimed water shall
be designed consistent with Title 17 of the California State Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the installation
of adequately sized sleeves at crossing points to minimize street excavation.
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 I , interest to permit the improvements to be made without I acquistion of title or interest. The subdivider shall conform i
to Section 20.16.095 of the Carlsbad Municipal Code.
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8 63) All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the
be signed and sealed, except that bound documents may be
first sheet of each set of plans shall have the following
9 Engineer in responsible charge of the work. Each sheet shall
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certificate: 11
signed and sealed on their first page. Additionally, the
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"DECLARATION OF RESPONSIBLE CHARGE" I
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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Address:
City, St.:
Telephone:
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6 4) 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 shall be submitted to the City
Engineer prior to improvement plan submittal and shall be 29"
x 36" in size and of a quality and material satisfactory to
the City Engineer.
65) Prior to recordation of any final map for this development 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.
66) 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, the City Council may impose new conditions and may revise existing conditions.
67) The developer shall agree to participate in an assessment district when it is formed, for the improvements of Rancho Santa Fe Road from Olivenhain Road, south to the City
boundary,
68) The developer shall make some improvements to Olivenhain Road
from El Camino Real easterly 300 feet, before building permits are issued, Specifically, the northerly 10 feet of Olivenhain shall be improved to create a free right turn at the intersection of El Camino Real and Olivenhain.
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69) 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 i
traffic impact study to be undertaken by the City and concluded
within six months after approval of applicant's tentative trac map a 4
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1 70) The City Council has determined that in order to accommodate
the traffic on Rancho Santa Fe Road, the developer of projects
2 in this area must be responsible for the improvement of Rancho Santa Road from La Costa Avenue to the existing Melrose Drive
3 intersection. Prior to final map approval the developer shall submit a proposal satisfactory to the City Council for such
4 improvements. The proposal shall be based on an independent traffic analysis accomplished to the satisfaction of the City
5 Engineer, The proposal shall include a time schedule and
financing plan for the improvements which may include an !
6 assessment district, developer financing, or some alternative acceptable to the City Council. The construction and
7 improvements must be assured either by confirmation of the
assessment district secured subdivision improvement agreement,
prior to final map approval. 8
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or otherwise guaranteed to the satisfaction of the City Council
71) Prior to the approval of the final map, a detailed traffic
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traffic study shall identify traffic facilities needed to 12
Santa Fe Road, Olivenhain Road, El Camino Real and La Costa 11
study shall be completed by an independent consultant (paid by the developer) which will address traffic impacts on Rancho
Avenue, the intersection of La Costa Avenue and 1-5. This
correct existing and future deficiencies and establish the 13 proportinate costs to be paid by various developments. This study shall include, but not be limited to, bridge widening,
14 ramp modification, traffic control devices and street construction. Should additional facilities or improvements be 15 required as a result of this subdivision, the subdivider shall install or participate in the installation of the additional
16 facilities or improvements as required by the City Council.
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72) Additional public and/or onsite fire hydrants shall be provide if deemed necessary by the Fire Marshal.
73) The applicant shall submit two (2) copies of a site plan 2o i showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval,
74) An all-weather access road shall be maintained throughout
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76) Fire retardant roofs shall be required on all structures. 25
located on the project site, 24
75) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being
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77) Brush clearance shall be maintained according to the
Guidelines Manual. specifications contained in the City of Carlsbad Landscape
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1 78) All fire alarm systems, fire hydrants, extinguishing systems,
2 automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
3 prior to construction.
4 79) Prior to issuance of building permits, the developer shall
provide the Fire Department with a 500' scale m.ap showing
locations, and beginning and ending addresses by block.
80) Prior to any development north of "A" Street, the water main
5 streets (public and private), street names, fire hydrant
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7 in "A" Street shall be constructed and connected to existing water supply to the north of this development.
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12 Marcus, McFadden, Smith, Holmes & Hall.
13 NOES: None.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 13th day of November, 1985, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: L'Heureux,
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ABSENT : None.
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17 ATTEST :
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CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
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r1 M
)/& /PA /)($$L"
M~CHAEL Jr: ~L~MILLER 0 LAND USE PLANNING MANAGER
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