HomeMy WebLinkAbout1985-11-13; Planning Commission; Resolution 25130 e l
1
2
3
4
5
6
PLANNING COMMISSION RESOLUTION NO. 2513
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO A TENTATIVE TRACT
MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY
GENERALLY LOCATED IN THE NORTHERLY PORTION OF
THE CALAVERA HILLS MASTER PLAN AREA.
APPLICANT: TREETOPS UNLIMITED
CASE NO: CT 83-21(A)/PUD-57(A)
7 WHEREAS, a verified application for certain property, to
8 wit:
9 A portion of Lot "J" of Rancho Aqua Hedionda according to Map No. 823 filed November 16, 1896,
10
11
12
13
14
15
16
17
18
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 13th day of
November, 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.
19 I
20
21
22
23
24
25 the Commission recommends APPROVAL of CT 83-21(A)/PUD-57(A),
based on the following findings and subject to the following 26 conditions:
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,
27 I////
28 iJ ////
/I
0 e
1 Findings: !I 2
3
4
5
6
1) The project is consistent with the City's General Plan since the proposed density of 3.35 du's/acre is within the density range of 0-4 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.
7 3) The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an 8
appropriate condition to this project, ensured that the 9
l
final map will not be approved unless the City Council
project. In addition, the Planning Commission has added a
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
10 finds that sewer service is available to serve the
11
unless the City Engineer determines that sewer service is 12
condition that a note shall be placed on the final map
13
Public Facilities Element of the General Plan have been 14
unless sewer service remains available, and the Planning
b) The Carlsbad School District has written a letter, dated 16
project. 15
18 1 c) The applicant shall provide parks as required by the 1 August 23, 1985, stating that school facilities will be 17 available to this project.
Calavera Hills Master Plan. The City Council may,
if it is so determined prior to final map approval.
d) All necessary public improvements have been provided or
19
will be required as conditions of approval. 21
j however, require park-in-lieu fees in lieu of dedications
20
22
23
24
25 I1
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.
26 Development Ordinance and also complies with the Design Guidelines Manual. 27
4) The proposed project is consistent with the City's Planned
28 jl//// I
PC RES0 NO. 2513 -2-
0 0
1
2
3
4
5
5) The proposed project is compatible with surrounding future
land uses since the properties to the south, east and west are designated for residential development on the General
Plan. Existing steep topography will buffer this development
from an existing quarry use to the north.
6) This project will not cause any significant environmental
impacts and a Prior Compliance has been issued by the Land
Use Planning Manager on October 19, 1985 and approved by the
Planning Commission on November 13, 1985.
6 7)
7
8
9
10
11
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,
12 /I Conditions:
13
14
'I
15
17
2, 16
Approval is granted for CT 83-21(A)/PUD-57(A), as shown on
Exhibits "A" - "K", dated July 12, 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.
This approval supercedes all conditions of approval applicable
to Phase 4 of CT 83-21/PUD-57 contained in Planning Commission Resolution No. 2224.
18 13)
19 I
20
21
22
23
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.
24 151 This project is approved upon the express condition that the
25 j applicant shall pay a public facilities fee as required by
26
City Council Policy No. 17, dated April 2, 1982, on file with
the City Clerk and incorporated herein by reference, and
27
according to the agreement executed by the applicant for
payment of said fee, a copy of that agreement, dated July 12, 1985 is on file with the City Clerk and incorporated herein by
28 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.
PC RES0 NO. 2513 -3-
0 0
1
2
3
4
5
6) 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 unless other provisions are made pursuant to the Calavera Hills Master Plan.
7) The applicant shall give notice of the conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code.
8) Water shall be provided to this project pursuant to the Water 6
7
Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
9) 8
9
20
11
12
10)
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 ,
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.
13
14
15
16
17
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.
18
19
13) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
20 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. 21 '
22
23
24
25
26
27
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 .
16) 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.
28 (1////
I1 PC RES0 NO, 2513
;I
-4-
// a 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17) 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 Kanager and North County Transit District.
18) The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative I
to the satisfaction of the Land Use Planning Manager.
19) 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,
20) 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.
21 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.
22) Units 57 and 58 near the intersection of "D" and "E" Street
shall be eliminated to provide an adequate recreation area to
the satisfaction of the Land Use Planning Manager.
23) Wherever possible, front yard setbacks shall be varied from 20
feet to 30 feet to create a more diversified appearance. I
//Engineering Conditions: I
24) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
25) 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 I1 -06 of the Carlsbad Municipal Code.
////
PC RES0 NO. 2513 -5-
I
II
0
,.
0
1
2
3
4
5
6
7
8
26)
27 1
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 contou 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.
No grading shall occur outside the limits of the subdivision unless a letter of permission is .obtained from the owners of .the affected properties.
28) A separate grading plan shall be submitted and approved and a 9 separate grading permit issued for the borrow or disposal site
if located within the city limits. 10
11 29) All slopes within this project shall be no steeper than 2: 1.
30) Prior to hauling dirt .or construction materials to any propose 12 construction site within this project the developer shall submit to and. receive approval from the City Engineer for the
conditions and requirements the City Engineer may impose with
13
regards to the hauling operation. 14
proposed haul route. The developer shall comply with all
15
16
31)
18
17
19
22
21
20
26
25
24
23
32)
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 t'ime 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.
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. 8.
I.
27
construct drainage systems in conformance with the Master 28
33) The developer shall pay the current local drainage area fee
prior to approval of the final. map for this project or shall
Drainage Plan and City of Carlsbad Standards as required by th City Engineer.
PC RES0 NO. 2513 -6-
e ,e
1
2
3
4
5
6
7
8
34)
35)
36)
The owner of the subject property shall execute a hold harmleE agreement regarding drainage across the adjacent property pric to approval of the final map for this project.
The developer shall make an offer of dedication to the City fc all pub1,ic 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.
Direct access rights for all lots abutting Tamarack Avenue shall- be waived on the final map.
9
10
11
12
37) Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the Citj
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 StandardE to the satisfaction of the City Engineer:
13
14
A)
15
16
17
19
18
21
20
22
\
Tamarack Avenue shall be improved full width within each
phase prior to the occupancy of any buildings within that
phase. The street shall be extended south to the existin5 Tamarack Avenue based on a pavement width of not less thar
28 feet in a 60 foot right-of-way prior to the occupancy of any buildings in the,, subdivision. Prior to occupancy of any buildings in phases 2, 3 or 4 an acceptable
secondary access shall be provided to this site. This
shall be accomplished by extending Harwich Avenue full
width through Village L-1 and half-width, 28 feet of
pavement in a 60 foot minimum right-of-way, through
Village K to its intersection with Glasgow Drive. Glasgob
Drive shall be constructed half width from its present northerly terminus to Harwich Drive along the frontage of Village E-2. This shall include sidewalk and .curb adjacent to the park site. Elm Avenue shall be constructed half width from its easterly terminus to Glasgow Drive along the frontage of Village E-2. This
shall include sidewalk and curb adjacent to the park site,
23
24
25
26
27
28
B) Sewer, water, and drainage facilities to serve this subdivision.
C) ~ll public improvements as shown on the tentative map.
D) I Tamarack Avenue and Harwich Drive intersection offsite to p'rovide a complete 90" full width intersection.
E) The guest parking on Harwich Drive, redesigned to provide forward exiting onto this street.
PC RES0 NO. 25'13 -7-
1
2
3
4
5
0 0
38) Prior to final map approval, the applicant shall post a bond, or other form of security, for a traffic study to determine
whether Harwich Drive should be cul-de-saced at the southerly end of this subdivision,, or remain as open access to Glasgow
Drive .
39) Prior to final map approval, the applicant shall post a
separate.bond for the constructio'n of a cul-de-sac on Harwich
Drive should the study mentioned above recommend one.
6
7
8
9
10
11 42)
12
40)
41 1
The developer shall install- street lights along all public anc
private street frontages in conformance with City 'of Carlsbad
Standards.
The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tree List.
The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards priol: to occupancy of any buildings.
13
44) The developer. shall comply, with all the rules, regulations anc 15
of Carlsbad Standards prior to occupancy of any buildings. 14
43) The developer shall install a wheelchair ramp at the public
design requirements of the respective sewer and water agencies
16 regarding services to the project.
17 45) Unless a standard variance has been issued, no variance from
18 tentative 'map.
street corner abutting the subdivision in conformance with Cit
City Standards is authorized by virtue of approval of this
19
20
21
22
23
24
' ,. . ' ,' 25 ..
26
27
28
146) The units which would take access from Harwich Drive shall 'be constructed as the final phase of this project.
47) All concrete terrace drains, slopes and 'open space areas sh,all 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.
48) The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
////
////
////
PC RES0 NO. 2513 -8-
I/
ll e e
1
2
3
4
55
6
7
8
9
10
11
12
13
14
15
16
17
4 9)
0)
Some improvements shown on the tentative map and/or required k
these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest t permit the improvements to be made without acquistion of title or interest. The subdivider shall conform to Section 20.16.09 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 responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be sign€
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 reviecl
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:
18 II City, St=:
19
20
21
22
24
23
51)
28
27
52) 26
25
Telephone:
BY Date :
(Name of Engineer)
R.C.E. NO. #
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 24"
36" in size and of a quality and material satisfactory to the City Engineer.
Prior to recordation of any final map for this development,
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.
PC RES0 NO. 2513 -9-
b /I 0 0 /I 1 53) Approval of this tentative .tract map shall expire twenty-four 2
City Council may impose new conditions and may revise existing 4
applicant. Said extension shall be approved or denied at the 3
months from the date of City Council approval unless a' final map is recorded. An extension may be requested by the
discretion of the City Council. In approv'ing an extension, tk
conditions.
Fire Conditions:
54) Additional public and/or onsite fire.hydrants -shall be provide
5
6
7 if deemed necessary by the Fire Marshal.
8 55.) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and 9 onsite roads and drives to the Fire Marshal for approval.
10
11
56)
12
13
14
16
15
17
18
57 i
58)
59)
60)
An all-weather access road ' shall be maintained throughout
construction.
All required fire hydrants, water mains and appurtenances shal
be 'operational prior to combustible building materials being
located on the project site.
Fire retardant roofs shall be required on all structures.
.,
Brush clearance' shall be maintained according to the specifications contained in the.,City of Carlsbad Landscape Guidelines Manual.
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.
19 161) A 60 foot horizont.al .clearance shall, be maintained between all
20 residences and any concentrations of native vegetation.
21 /I////
////
////
22
23
'
////
////
24
25
///I
////
26
27.
28 ////
PC RES0 NO. 2513 -1 0- I/ I/
9 v
I ll PASSED, APPROVED AND ADOPTED at a regular meeting of the
2
3 13th day of November, 1985, by the following vote, to wit:
4
5
6
Planning Commission of the City of Carlsbad, California, held on th
AYES: Chairman Schlehuber, Commissioners: L’Heureux, Marcus and Smith.
NOES: Commissioners: McFadden, Hall & Holmes.
7
8
ABSENT : None.
ABSTAIN : None .
9
10 & .”
CLARENCE SCHLEHUBER, Chairman
11 CARLSBAD PLANNING COMMISSION
12 ATTEST :
b14 13pA&d& MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
15
16
17
18
19 I
20
21
22
23
24
. . 25
26 /I
27
28 PC RES0 NO. 2513 -11-