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HomeMy WebLinkAbout1986-01-08; Planning Commission; Resolution 2492-A(I .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 ! 19 I 20 21 22 23 24 25 26 27 28 I I I, 0 c PLANNING COMMISSION RESOLUTION NO. 2492(A) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 299 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY AND ALICANTE ROAD. APPLICANT: ALGA HILLS CASE NO: CT 84-41/PUD-77 WHEREAS, a verified application for certain property, to LOCATED ON THE SOUTHEAST CORNER OF ALGA ROAD wit: Parcels 1 and 3 of Parcel No. 13158, in the City of Carlsbad, County of San Diego, State of California, recorded in the Off ice 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 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, 23rd day of October, 1985 and on the 8th day of January 1986, 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. 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, the Commission hereby recommends APPROVAL of CT 84-41/PUD-77, based on the following findings and subject to the following conditions: '. ,-: a e I 1 2 3 4 Findings: 1) The project is consistent with the City's General Plan since the proposed density of 4.85 du's/acre is within or slightly below the density range of 8-15 du's/acre specified for the site as indicated on the Land Use Element of the General Plan. 5 6 2) The site has been made suitable for the type and density of 8 7 to accommodate residential development at the density icies and ordinances since: the development since the site is adequate in size and shape proposed. 3) The project is consistent with all City public facility pol- 9 10 11 12 13 14 15 16 17 18 1 I 19 i i j j i ! I I I I I a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the l final map will not be approved unless the City Council 1 finds that sewer service is available to serve the project. In addition, the Planning Commission has added e 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 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) 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 . 20 21 22 23 24 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. 25 5) The proposed project is compatible with the surrounding futur, 27 Guidelines Manual. 26 4) The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design land uses since surrounding properties are designated for residential development on the General Plan. 28 ! PC RES0 NO. 2492(A) -2- I I. 0 a I 1 2 3 4 5 6 7 8 9 10 11 12 6) This project requires the construction of the improvements or1 facilities listed in the conditions of approval or the paymen of fees in lieu of construction, This project creates a direct need for the improvements or facilities for the reasons I stated in the staff report. If the improvements or facilitieg are not provided, the project will create an unmitigated I burden on existing improvements and facilities. Further, the1 improvements and facilities are necessary to provide safe, 1 adequate and appropriate service to future residents of the 1 ! 7 1 project consistent with City goals, policies and plans. 1 i Conditions: I I 1) 2) ~ Approval is granted for CT 84-41/PUD-77, as shown on Exhibits IIAA" - IIJ", dated December 27, 1985, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 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. i 13 I 3) This project is approved upon the express condition that 14 building permits will not be issued for development of the ~ time of occupancy. This note shall be placed on the final such sewer permits and will continue to be available until 15 sewer facilities are available at the time of application for subject property unless the City Engineer determines that 16 map , 17 4) This project is approved upon the express condition that the 18 City Council Policy No. 17, dated April 2, 1982, on file with applicant shall pay a public facilities fee as required by the City Clerk and incorporated herein by reference, and payment of said fee, a copy of that agreement, dated November herein by reference. If said fee is not paid as promised, and approval for this project shall be void. 19 ~ according to the agreement executed by the applicant for 20 this application will not be consistent with the General Plan 21 27, 1984, is on file with the City Clerk and incorporated 22 23 24 to the approval of the final map as required by Chapter 20.44 6) The applicant shall provide school fees to mitigate condition; 25 of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time 26 of building permit application. 5) The applicant shall pay park-in-lieu fees to the City, prior of the Carlsbad Municipal Code, 27 //// 28 PC RES0 NO. 2492 (A) -3- I! 1, 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 II 19 /j I 20 21 22 23 1 24 25 26 27 28 7) Approval of this request shall not excuse compliance with all 1 sections of the Zoning Ordinance and all other applicable Cit ordinances in effect at time of building permit issuance. Y ! 8) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa I Real Water District, dated May 25, 1983. 1 Planning Department Conditions: i I I 9) The applicant shall prepare a 24"x36" reproducible mylar of I the final site plan incorporating the conditions contained 1 herein, Said site plan shall be submitted to and approved by the Planning Director 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 Planning Director prior to final map approval. 11) All perimeter landscaping shall be provided concurrent with the first phase of development subject to the satisfaction of the Planning Director. 12) The three lots proposed at the intersection of "U" Street and 1 "W" Street are specifically not approved. These lots shall b required to be redesigned to the satisfaction of the Planning Director in order -to provide minimum 35 foot wide frontages without panhandle configurations. 13) The final map shall include an Open Space maintenance easemen to the homeowners association for maintenance of all Open ~ Space/recreation areas, manufactured slopes, and parking areas. I I I 14) The applicant shall prepare a detailed landscape and irriga- 1 tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or I building permits, whichever occurs first. 1 15) A 500' scale map of the subdivision shall be submitted to the ! Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. I I I 16) A master plan of the existing onsite trees shall be provided to the Planning Director 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, I I 17) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. I i I PC RES0 NO. 2492(A) -4- I I I ~ I I /I i -, I! e a 1 2 3 4 5 6 7 a 9 10 11 12 13 14 18) 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 Planning Director prior to installation of such signs. 19) A uniform sign program for this development shall be submitted to the Planning Director for his review and approval prior to occupancy of any building. 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 Planning and Building Directors. 20) All roof appurtenances, including air conditioners, shall be 21 1 22) The applicant shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval, 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 Planning Director and North County Transit District. ~ 15 23) The developer shall display a current Zoning and Land Use Map in the sales off ice at all times, and/or suitable alternative 16 to the satisfaction of the Planning Director. 17 24) All sales maps that are distributed or made available to the 18 existing schools, parks, and streets. public shall include but not be limited to trails, future and 19 1 25) 20 ~ 21 22 23 24 25 26 27 26) 27) 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. 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 Planning Director. 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. 28 PC RES0 NO. 2492 (A) -5- ., 0 e 1 2 3 4 5 28) All retaining walls greater than four feet reuuired on the property shall be designed and constructed in a crib fashion and shall be appropriately landscaped to the satisfaction of the Planning Director. 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. 29) CC&R's shall contain a provision prohibiting the parking or 6 7 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. a 9 10 11 30) The applicant shall be required to submit detailed design guidelines for the custom homes proposed for Phases 3 and 16 prior to the issuance of building permits. Guidelines shall ensure compatibility with other buildings in this development and with surrounding properties. These guidelines are subject to the approval of the Planning Director. 12 31) Lot sizes and widths in Phases 1, 6, 9, 10, 11, 12, 14 and 15 shall meet Planning Department Policy No. 12 to the 13 satisfaction of the Planning Director. 14 32) Lots in Phase 3 where length exceeds width by three times 15 17 Homeowner's Association and this shall be so reflected in the 16 Engineer. Lot area removed from these lots shall be combined 33) A driveway plan showing the locations of industrial driveways 18 within the project shall be approved by the Planning Director shall be reduced in length to the satisfaction of the City to form an additional lot(s) to be owned and maintained by the CC&R' s. prior to installation. Driveways shall be located to maximize 19 onstreet parking. 20 /I Engineering Conditions: 21 22 23 24 25 34) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 35) Prior to commencement of grading activity the developer shall install a temporary fence around the parimeter of areas not to be graded or disturbed. This fence shall be inspected and approved by the public works inspector prior to the beginning of grading activity. // //// 26 I ///I 27 PC RES0 NO. 2492 (A) -6- 28 e e 1 2 3 4 5 6 7 8 9 36) The grading for this project is defined as "controlled grad- ing" by Section 11.06.1 70(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. 37) Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan shall he 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. engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. ~ , This plan shall be signed by both the soils engineer and the 10 38) The applicant shall prepare a comprehensive drainage plan with hydraulic calculations to establish non erosive drainage from 12 system. Specifically: the proposed drainage across the sensitive areas, slopes and sewer easements shall be designed to provide protection to the sewer main, existing terrain and 13 downstream properties. 11 this subdivision to the nearest improved, public drainage I 14 15 16 17 18 19 1 20 21 22 23 24 25 39) All slopes which require brow ditch and bench systems (see tentative map, and City of Carlsbad standards) shall at a minimum utilize S.D.R.S. Type "C" drain system, unless otherwise approved by the City Engineer. The engineer of work shall revise the design of this subdivision to allow for standard bench requirements. 40) 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. 41) The applicant shall provide the minimum streets and driveway widths as shown on the Tentative Ma.p. 42) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. 43) Prior to approval of the grading plan for this Subdivision the applicant shall submit written permission for grading within the S.D.G.& E power easement, and Leucadia County Sewer Easement. 26 PC RES0 NO. 2492 (A) -7- 28 if located within the city limits. 27 44) A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site -, e e 45) All slopes within this project shall be no steeper than 2:l. 46) Prior to hauling dirt or construction materials to any 1 2 with regards to the hauling operation. 4 for the proposed haul route. The developer shall comply with 3 proposed construction site within this project the developer shall submit to and receive approval from the City Engineer all conditions and requirements the City Engineer may impose 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 47) 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. 48) Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engi- neer @ 49) 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. 20 harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this project. 21 50) The owner of the subject property shall execute a hold 22 23 24 25 51) 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. 26 //// 27 PC RES0 NO. 2492 (A) -8- 28 0 e .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 ~ 20 21 22 23 24 25 26 27 28 52 1 53) 54) 55) 56) 57 1 58) 59) 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 or as conditioned in this resolution) shall be waived on the final map. All intersections shall be redesigned to provide less than 6% grade as required by City Engineer and AASHTO Design Manual. All intersections shall establish sight distance restrictions for design criteria. A note delineating each restricted zone shall be placed on the final map. The right-turn-in entrance on Alga Road is specifically not approved. The cul-de-sac "B" Street is specifically not approved. This street shall connect to "A" Street to satisfy cul-de-sac and secondary access requirements. Specific design shall be approved by the City Engineer. The radius of the right turn entrance from Alga Road shall be designed in accordance with AASHTO standards using a minimum design speed of 25 MPH. 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. I 60) Improvements listed above shall be constructed within 12 months of final map approval and/or improvement plan approval, whichever occurs first. 61) 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, //// PC RES0 NO. 2492 (A) -9- -. * * '11 e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 I-8 I 20 21 22 23 24 25 26 27 62) 63) 64 1 65) 66 1 67 1 68) 69) i "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. The developer shall install street trees at the equivalent of I 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 proposed median opening on Alga Road is specifically not approved. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 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. 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. 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. 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. 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: 28 PC RES0 NO. 2492 (A) -10- -. ', . e e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ "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) Firm: Address: City, St.: Telephone: BY Date : (Name of Engineer) R.C.E. NO. # 70 ) 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. 71 ) 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. 72) 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. //// &'dESO NO. 2492 (A) -1 1- ,. <* e e 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 /I 73) 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 after approval of applicant's tentative tract map. The limit on the amount of the fee is based on the City Engineer's estimate. If the City Council finds that the cost of improvements require a higher fee, then the developer shall agree to pay that fee as determined by the City Council. 74) Prior to building permit approval, a traffic study shall be prepared to determine the extent of impacts that this project will have on major streets in the La Costa area, including La Costa Avenue and El Camino Real to Interstate 5. The study shall determine a solution to these impacts and the applicant shall agree to perform or to participate in the solution as determined by the City Council. No units shall be occupied in this subdivision until traffic impacts have been mitigated to the satisfaction of the City Council. The studies which are now being conducted by the City may be used to satisfy this condition if they are completed prior to the applicant requesting approval of the final map. Fire Conditions: 75) An all-weather access road shall be maintained throughout construction. 76) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 77) Fire retardant roofs shall be required on all structures. 78) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. 79) 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. //// ~ hb'k3SO NO. 2492 (A) -12- I L - .? .%. 0 8 80) All private streets shall be posted "NO Parking/Fire Lane Tow 1 Away Zone" pursuant to Section 17.04.040 Carlsbad Municipal Code. 2 3 4 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 8th day of January, 1986, by the following vote, to wit: c5 1) AYES : Chairman Schlehuber, Commissioners: Marcus, Smith & Holmes. 1 7 NOES : Commissioners: Hall, McFadden & McBane. 8 ABSENT : None. 9 ABSTAIN: None. 10 11 12 13 14 15 PLANNING DIRECTOR CARLSBAD PLANNING COMMISSION ATTEST: 16 17 18 19 20 21 22 23 24 25 26 27 PC RES0 NO. 2492 (A) -1 3- 28