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HomeMy WebLinkAbout1985-11-13; Planning Commission; Resolution 2514I1 0 * II I I/ PLANNING COMMISSION RESOLUTION NO. 2514 2 3 4 5 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE ONE LOT TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED NORTH OF THE INTERSECTION OF TAMARACK AVENUE AND ELM AVENUE IN VILLAGE L-1 OF THE CALAVERA HILLS MASTER PLAN. APPLICANT: PACIFIC SCENE CASE NO: CT 85-30 I 7 WHEREAS, a verified application for certain property, to 8 wit: 9 A portion of Lot "J" of Rancho Agua Hedionda according to Map 823 filed November 16, 1896, 10 11 12 13 14 15 16 17 l8 iconsidering all testimony and arguments, if any, of all persons 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 19 !I (desiring to be heard, said Commission considered all factors 20 21 22 23 24 25 1 findings and subject to the following conditions: relating to the Tentative Tract Map and Condominium Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission hereby APPROVES CT-85-30, based on the following 26 (///I 27 I//// 28 //// 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2o I 21 22 1 25 24 23 26 27 I 28 0 0 Findings: 1) 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 this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or will be required as conditions of approval. c) 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. d) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. 2) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on October 19, 1985 and recommended for approval by the Planning Commission on November 13, 1985. 3) 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. Conditions: 1 ) Approval is granted for CT 85-30, as shown on Exhibit "A", dated September 30, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. PC RES0 NO. 2514 -2- 0 e 1 2 3 3) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewel 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, 4l 4) 5 6 7 8 9 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 21, 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, 10 11 12 13 14 15 16 5) 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, 6) 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. 7) 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. 17 18 19 20 8) 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. 9) 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, I 21 10) Approval of Tentative Tract No. CT 85-30 is granted subject to 22 approval of a Site Development Plan. 23 24 25 26 11) 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. 27 28 Engineering Conditions: 12) The developer shall obtain a grading permit prior to the I1 commencement of any clearing or grading of the site. I I I PC RES0 NO, 2514 -3- \ 0 0 1 2 13) 4 3 6 5 7 8 9 10 11 12 13 14) 15) 16) 1c l4 117) 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 sha-11 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 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, 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: 1. la 18) The developer shall exercise special care during the 16 construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control basins of type, size and location as approved by the City 18 1 Engineer. The basins and erosion control measures shall be 1 the start of any other grading operations. Prior to the shown and specified on the grading plan and shall be 17 measures and shall construct temporary desiltation/detention 19 slope erosion control measures and other methods required or 21 removal of any basins or facilities so constructed the area 20 i constructed to the satisfaction of the City Engineer prior to served shall be protected by additional drainage facilities, 22 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 23 their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City 24 Engineer. 25 19) Additional drainage easements and drainage structures shall be provided or installed as may be required by the County 26 Department of Sanitation and Flood Control or the City Engi- I neer. 27 28 I,,,/ PC RES0 NO. 2514 -4- 11 ll 0 0 1 20) 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 the 2 3 construct drainage systems in conformance with the Master City Engineer, 4 21) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior 5 to approval of the final map for this project. 6 7 a 9 22) The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map, The offer shall be made by a Certificate on the Final Map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 10 11 23) Direct access rights for all lots abutting Harwich Drive shall be waived on the final map. 24) Plans, specifications, and supporting documents for all 12 improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider 13 shall install, or agree to install and secure with appropriate width, 28 feet of pavement in a 60 foot minimum right-of- 16 A) Harwich Drive full width through Village L-1 and half- 15 to the satisfaction of the City Engineer: tentative map and the following improvements to City Standards 14 security as provided by law, improvements shown on the way, through Village K to its intersection with Glasgow its present northerly terminus to Harwich Drive along the 18 curb adjacent to the park site. Elm Avenue shall be frontage of Village E-2. This shall include sidewalk and Glasgow Drive along the frontage of Village E-2. This shall include sidewalk and curb adjacent to the park site. 17 Drive. Glasgow Drive shall be constructed half width from 19 constructed half width from its easterly terminus to 20 21 B) All sewer, water and drainage facilities to serve this 22 subdivision, 23 24 25 25) The developer shall install street lights along all public and 26 intersection (full width). C) "A" Street, half street plus 12 feet wide, except where entire portion lies within the boundary of this subdivision, that portion will be full width (60'). D) Harwich Drive and "A" Street, offsite to complete 90" private street frontages in conformance with City of Carlsbad Standards. 27 1 I 28 IPC RES0 NO. 2514 -5- i 0 0 1 J. 26) 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. 2 3 4 27) The developer shall install sidewalks along all public and private street frontages in conformance with City of Carlsbad 5 Standards prior to occupancy of any buildings. 6 28) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with Cit! 7 of Carlsbad Standards prior to occupancy of any buildings, 8 29) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies 9 regarding services to the project, 10 30) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this 11 tentative map, 12 31 ) The design of all private streets and drainage systems shall be map for this project. The structural section of all private 13 approved by the City Engineer prior to approval of the final 16 final map for this project. and inspection fees shall be paid prior to approval of the 15 inspected by the City, and the standard improvement plan check value tests. All private streets and drainage systems shall be 14 streets shall conform to City of Carlsbad Standards based on R- 32) All private driveways shall be kept clear of parked vehicles at 17 all times, and shall have posted "NO Parking/Fire Lane Tow Away 18 except in parking bays provided. 19 33) Some improvements shown on the tentative map and/or required by Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code these conditions are located offsite on property which neither permit the improvements to be made without acquistion of title of the Carlsbad Municipal Code. 20 22 or interest. The subdivider shall conform to Section 20.16.095 21 the City nor the subdivider has sufficient title or interest to 34) All plans, specifications, and supporting documents for the 23 improvements of this project shall be signed and sealed by the 24 be signed and sealed, except that bound documents may be signed 25 of each set of plans shall have the following certificate: Engineer in responsible charge of the work, Each sheet shall and sealed on their first page. Additionally, the first sheet 26 Ij//// i 27 PC RES0 NO, 2514 -6- 28 I//// 0 0 1' 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 35) 17 I l8 I 19 136) 20 21 22 23 37) 25 24 i "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) R.C.E. NO. # ~ i I The developer shall provide the City with a reproducible mylar 1 copy of the tentative map as approved by the Planning Commission, The tentative map shall reflect the conditions of 1 approval by the City. The 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 . 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. 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, 26 /IFire Conditions I 27 38) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. _1 C RES0 NO. 2514 -7- 0 e J. 2 39) Additional public and/or onsite fire hydrants shall be 41 ) An all-weather access road shall be maintained throughout 5 onsite roads and drives to the Fire Marshal for approval. 4 showing locations of existing and proposed fire hydrants and 40) The applicant shall submit two (2) copies of a site plan 3 provided if deemed necessary by the Fire Marshal. 42) All required fire hydrants, water mains and appurtenances ' 7 8 9 construction, shall be operational prior to combustible building materials being located on the project site. 43) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. lo 11 44) All fire alarm systems, fire hydrants, extinguishing systems, 12 project shall be submitted to the Fire Department for approval automatic sprinklers, and other systems pertinent to the 45) Building exceeding 10,000 sg.ft. aggregate floor area shall be 13 prior to construction. 15 less) areas . therein which shall split the building into 10,000 sq.ft. (or 14 sprinklered or have four-hour fire walls with no openings PASSED, APPROVED AND ADOPTED at a regular meeting of the 1 16 17 Planning Commission of the City of Carlsbad, California, held on th 13th day of November, 1985, by the following vote, to wit: 1 l8 I AYES : Chairman Schlehuber, Commissioners: L'Heureux, 19 i Marcus, McFadden, Smith, Holmes & Hall. 20 ABSENT: None , 21 NOES: None. 22 23 CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 24 I/ATTEST: 25 Ad&-- 4Lg MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER ~ 28 PC RES0 NO. 2514 -8-