HomeMy WebLinkAbout1986-02-26; Planning Commission; Resolution 25381
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PLANNING COMMISSION RESOLUTION NO. 2538
A RESOLUTION,OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 2-LOT TENTATIVE MAP AND 216-UNIT
CONDOMINIUM PERMIT ON PROPERTY GENEMLLY LOCATED
ON THE SOUTH SIDE OF MARRON ROAD ON BOTH SIDES
OF MONROE STREET.
APPLICANT: HOSP GROVE
CASE NO: CT 85-23/CP-320
WHEREAS, a verified application for certain property to
wit:
Portion of Lots 8, 9, 10, 16, 17 and 18 and portions of Lots 22 through 25 of Hosp Eucalyptus Forest Co.'s Tract
No. 1, Map No. 1136.
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 Plaming Commission did, on the 5th day of
February, 1986 and on the 26th day of February, 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 Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
R) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 85-23/CP-320, based on the following findings and subject to the following
conditions:
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Findings:
1) The project is consistent with the City's General Plan since the proposed density of 10.8 du's/acre is within the density range of 10-20 du's/acre specified for the site as indicated on the Land Use Element of the General Plan.
2) The project as proposed is consistent with the Hosp Grove Master Plan MP-1 since the density of 10.8 du/ac and the
design conforms with the requirements of the Master Plan,
3) 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
proposed .
4) 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 that the
final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer 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 Carlsbad School District has written a letter, dated July 30, 1985, stating that school facilities will be
available to this project.
c) Park land has been dedicated per the existing Bosp Grove
parks agreement.
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.
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5) The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual.
6) The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential development on the General Plan.
7) This project will not cause any significant environmental
impacts because mitigation measures reducing potential impacts
to insignificant levels have been made a part of the Conditional Negative Declaration issued by the Planning Director on January 22, 1986 and recommended for approval by
the Planning Commission on February 5, 1986.
Conditions:
1 ) Approval is granted for CT 85-23/CP-320, as shown on Exhibits
"A," - "I", dated January 20, 1986, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) This project has already been allocated sewer capacity per legal settlement 9052 filed, August 28, 1979. Building permits for any additional units over and above the settlement will not be issued unless the City Engineer determines that sewer facilities are available a.t the time of application for
such sewer permits and will continue to be available until the time of occupancy.
3) This project is a.pproved 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 July 23,
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
a-pproval for this project shall be void,
4 1 Park land shall be offered for dedication by the developer to
the City of Carlsbad pursuant to the parks map titled Exhibit
A and dated 4/24/80 on file in the Planning Department.
5) The applicant shall provide school fees to mitigate conditions
of overcrowding as part of building permit application. These
fees shall be based on the fee schedule in effect at the time
of building permit application,
6) 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.
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7) 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.
8) The applicant shall prepare a 24" x 36" reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building
permits.
9) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CCCR'S shall be submitted to and approved by the Planning
Director prior to final map approval.
10) The applicant shall prepare a detailed slope landscape and irrigation plan which shall be submitted to and approved by
the Planning Director prior to the issuance of grading
permits. Issuance of a building permit will not occur until a full detailed landscape plan has ben approved by the
Planning Director.
11) 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.
12) All parking lot trees shall be a minimum of 15 gallons in size.
13) A "Tree Plan" shall be provided to the Planning Director.
This plan shall specify all trees to be preserved. The plan also shall specifically detail the planting program to be implemented around the perimeter of the property. The
perimeter planting program shall include details as to the enhancement of existing trees to be preserved; regrading along the perimeter; and the timing for replanting/enhancing in
relation to completing the necessary grading. The timing aspect of the plan shall provide for replant immediately after grading on slopes and other feasible areas. The plan shall b prepared by a landscape architect. The Planning Director 2
or issuance of a grading permit, whichever is applied for shall approve the Tree Plan prior to approval of a final map
first.
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The applicant shall be required to construct temporary fencing, or similar materials approved by the Planning
Director, around those individual or groups of trees which
have been identified to be preserved on the eucalyptus Tree
Plan map, prior to the issuance of a grading permit and
subject to the approval of the Planning Director. Prior to
any grading, the applicant shall agree to fully implement thi 1
condition and not to destroy any eucalyptus trees identified
on the Tree Plan during grading operations due to carelessnesg I
of a machine operator or otherwise. The agreement shall contain a liquidated damages clause requiring the applicant td
pay the sum of $500.00 for each tree destroyed. The amount ~ will be paid to the Carlsbad Parks and Recreation Department. The agreement shall be secured subject to the approval of the
Planning Director.
Existing onsite trees shall be retained wherever possible and shall be trimmed and/or topped, as required to the satisfaction of the Planning Director. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Department during the review of
the Tree Plan of existing onsite trees. Those trees which are
approved for removal shall be replaced on a tree-for-tree
basis as required by the Planning Department.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed in 1 conformance with the City's Sign Ordinance and shall require i review and approval of the Planning Director prior to installation of such signs.
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.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning I Director. I
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i to Building Department Policy No. 80-6, to the satisfaction of' sound buffered from adjacent properties and streets, pursuant i 23 architecturally integrated and concealed from view and the
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25 21 ) The applicant shall submit a street name list consistent with
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the City's street name policy subject to the Planning
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22) The developer shall display a current Zoning and Land Use Map
in the sales off ice at all times, and/or suitable alternative
to the satisfaction of the Planning Director.
23) 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.
24) 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.
~ 7 25) Prior to occupancy of any units, the applicant may construct a directory sign at the entrance to the project, The design of a this sign shall be approved by the Planning Director.
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26) 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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Prior to the issuance of any grading permits, the applicant
shall complete the following archaeological mitigation to the
satisfaction of the Planning Director:
a) Submittal of an inventory and assessment report prepared in conjunction with and referenced in the December 26, 1985 letter report by RBR & Associates, Inc., to the Planning Director before a mitiuation program is
implemented.
b) Implementation of the archaeological research design and mitigation program for the one unique site (HG-5) on Hosp Grove Parcel E described in the Letter Report entitled "Revised Cultural Resources Inventory an.d Assessment, Hosp
Grove Master Plan Area E, Carlsbad, California", dated
December 26, 1985, prepared by RBR & Associates, Inc. The
mitigatio? program would include phased excavation of
4m to 8m units within the core midden area of the site.
If recommended in the mitigation report, an archaeologist will
be present during grading operations.
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soft, undulating slopes instead of typical 2:l slopes. 26
28) The final grading plan shall follow the grading scheme as
shown on the site plan, (not the tentative map), utilizing
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29) The carports shall be made substantially of wood and shall
incorporate special landscape treatments, i.e. flower trellises, planter boxes, etc., to enhance the appearance. Such plan shall be approved by the Planning Director prior to issuance of building permits. In addition, all carports
shall be lighted with "hidden" fixtures.
30) The applicant shall provide a 5-year bond for implantation,
survival and maintenance of all trees replanted under the
required landscape plan to the satisfaction of the City
Attorney. The Planning Department shall conduct a yearly
survey to ensure proper regrowth of trees in compliance with the landscape plan.
8 31) The applicant shall incorporate several play areas for
children into the project. Locations and tot-lot design and
9 equipment shall be subject to approval by the Planning
Director prior to the issuance of building permits.
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32) No recreational vehicle (RV) parking shall be permitted on site. This condition shall be reflected in the CC&R's.
l2 // 33) Handicapped parking spaces shall be provided to the satisfaction of the Building Director.
l3 11 Engineering Conditions:
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34) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
35) 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.
36) 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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37) No grading shall occur outside the limits of the subdivision
the affected properties.
unless a letter of permission is obtained from the owners of
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1 separate grading permit issued for the borrow or disposal site
if located within the city limits. 2
37) A separate grading plan shall be submitted and approved and a
39) All slopes within this project shall be no steeper than 2:1 3 unless specifically approved by the City Engineer.
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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.
Additional drainage easeaents 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 .
l6 42) The developer shall pay the current local drainage area fee
Drainage Plan and City of Carlsbad Standards as required by 18
construct drainage systems in conformance with the Master 17 prior to approval of the final map for this project or shall
the City Engineer.
l9 143) The owner of the subject property shall execute a hold
20 harmless agreement regarding drainage across the adjacent
property prior to approval of the final map for this project.
21 44) Prior to the removal of the existing desiltation basin, the
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23 45) The developer shall phase this development to not cause
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drain system in Monroe and Marron Streets is installed.
developer shall construct the replacement desiltation basin as approved by the City Engineer.
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46) Monroe Street improvements shall be completed prior to occupancy of the first phase of this development.
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47) No grading activity shall occur on this development between October 15th and April 15th. The developer shall install all
erosion control measures prior to October 15th and maintain
the devices throughout the rainy season.
48) The specific haul route for this development shall be Monroe
Street to Marron Road to Jefferson Avenue. A cash security shall be posted with the City of Carlsbad to guarantee daily
cleanup of debris from the hauling operation. The hauling
operation shall not commence before 9:00 a,m. and shall end before 3:OO p.m.
49) No grading permits shall be issued for this subdivision prior
to satisfaction of Conditions 13, 14, 28, 38 and 48, and such
other measures deemed necessary to control erosion and
stabilize the site. In addition, all other public improvements shall be approved and secured by appropriate bonds to the satisfaction of the City Engineer.
50) The developer shall make an offer of dedication to the City for all public streets and easeaents required by these conditions or shown on the Tentative Hap. 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.
51) Monroe Street shall be dedicated by the developer along the
subdivision frontage based on a centerline to right-of-way
width of 42 feet (secondary arterial) and in conformance with City of Carlsbad Standards prior to final map approval.
52) "A" Street shall be dedicated by the developer along the
subdivision frontage based on a centerline to right-of-way width of 24 feet (collector) and in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
53) The private driveways shall be a minimum of 28 feet wide, with 32 feet wide entrances at least 80 feet long. The entrance on the west side of Monroe Street shall be a minimum of 40 feet curb-to-curb.
54) Turnaround pockets shall be constructed at the end of private driveways.
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55) 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) Full improvements to secondary arterial standards on
Monroe Street along the project frontage, to and including its intersection with Marron Road.
B) The redesign/relocation/reconstruction of the traffic signal at Marron Road and Monroe Street.
C) The extension of power service to the above mentioned traffic signal.
D) All sewer, water, storm drain and utilities to serve this
subdivision. The sewer and storm drain systems as shown
on the tentative map are specifically not approved. The
engineer of work shall redesign these systems in accordance with current design criteria of the City of Carlsbad .
E) Marron Road to full City standards along the frontage of the project .
F) Traffic signal at ttA't Street and Monroe.
56) 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.
57) Improvements listed above shall be constructed within 12
months of final map approval and/or improvement plan approval, whichever occurs first, except Item 55(F) which shall be installed if traffic signal warrants are met as determined by the City Engineer.
58) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map, except 1 1/2:1 slopes as approved by the City Engineer.
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59) The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private streets are not a portion of the public street system.
The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT, at the access point to private streets from public streets. The script on the sign
shown above shall be capital letters of a size and contrast
such as to be readable for a normally sighted person at a distance of 20 feet, The provisions of this condition shall
be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project.
60) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards.
61) 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,
or as approved by the Planning Director.
62) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
63) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings,
64) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
65) Should the developer decide to final map and develop phases out of numerical sequence with the approved phasing as shown on the tentative map all conditions required of the preceding phases shall be completed unless otherwise approved by the City Engineer and the Planning Director,
66) 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 CCStR's.
67) All private 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 .
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68) All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be
signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards .
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. #
69) 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.
70) 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.
71 ) 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.
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72) All areas shown on the tentative map as not to be disturbed, shall be fenced in a temporary method acceptable to the public works inspector.
73) The retaining walls shown on the tentative map shall be crib type if over 4' in height, unless otherwise approved by the Planning Director.
Fire Department:
74) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
75) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and
onsite roads and drives to the Fire Marshal for approval.
76) An all-weather access road shall be maintained throughout
construction.
77) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
78) Fire retardant roofs shall be required on all structures.
79) Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Landscape
Guidelines Manual.
80) 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.
81) Prior to construction, the developer shall meet with the Fire
Marshal to discuss a plan for providing an adequate interface between the structures and the existing tree grove.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the /I Planning Commission of the City of Carlsbad, California, held on 2
the 26th day of February, 1986, by the followinq vote, to
wit:
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AYES: Chairman Schlehuber, Commissioners: Smith,
Holmes and Hall.
NOES : Commissioners: McFadden & McBane.
ABSENT: Commissioner Marcus.
ABSTAIN: None.
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CLARENCE Lk SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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PLANNING DIRECTOR 14
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