HomeMy WebLinkAbout1986-02-26; Planning Commission; Resolution 2543** m 0
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PLANNING COMMISSION RESOLUTION NO. 2543
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING OF A 24-LOT SUBDIVISION
ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MONROE
STREET, NORTH OF CHESTNUT STREET.
APPLICANT: OCEANVIEW ESTATES
CASE NO: CT 85-36
WHEREAS, a verified application for certain property, to
wit:
Portions of Tract 254 and 255 of Thum Lands, in the
City of Carlsbad, County of San Diego, State of
California, according to Official Plat thereof No.
1681, filed on December 9, 1915, in the Office of the
County Recorder of San Diego County, State of
California,
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 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; and
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 APPROVES CT 85-36, based on the
following findings and subject to the following conditions:
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Findinus: d
1) The project is consistent with the City's General Plan since the proposed density of 3.6 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.
3) 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 November 13, 1985, stating that school
facilities will be available to this project.
c) Park-in-lieu fees are required as a condition of ap-
proval.
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 Eind that public facilities will be available concurrent with need as required by the General Plan.
4) The proposed project is compatible with the surrounding fu-
ture land uses since surrounding properties are designated
for residential development with similar density on the General Plan.
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5) The applicant is by condition, required to pay any increase
in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of
Carlsbad. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project,
5 6) This project will not cause any significant environmental
Planning Director on February 8, 1986 and approved by the 6 impacts and a Negative Declaration has been issued by the
7 Planning Commission on February 26, 1986.
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7) 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.
8) This project is exempt from the temporary land use controls established under Section 2 of Ordinance No. 9791, The developer has by condition agreed to pay any increase in fees ultimately adopted by the City Council pursuant to
Ordinance 9 79 1 .
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dated January 24, 1986, 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
22 finds as of the time of such approval that sewer service is available to serve the subdivision.
Conditions:
1 ) Approval is granted for CT 85-36, as shown on Exhibit "A",
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21 ' 2, final map shall not be approved unless the City Council
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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 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.
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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
November 8, 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 .
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.
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.
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.
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.
The developer shall landscape a 3' wide strip in front of the retaining wall on Monroe Street outside the public
right-of-way, and shall bond for the maintenance of that
landscape for a period of five years to the satisfaction of
the City Attorney. The applicant shall prepare a detailed
landscape and irrigation plan for the entire site which shall be submitted to and approved by the Planning Director
prior to the issuance of the final map.
The irrigation system proposed as part of Condition No. 11
shall include provisions for irrigation to the landscaped
strip along Monroe Street from Lots 15 and 16.
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.
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.
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1 thriving condition, free from weeds, trash, and debris.
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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 Planning Director prior to installation of such signs, 4
13) All landscaped areas shall be maintained in a healthy and
15) The applicant shall submit a street name list consistent 5 with the City's street name policy subject to the Planning
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7 lots with adequate sideyard area for Recreation Vehicle
storage pursuant to City Sta-ndards. 8
Director's approval prior to final map approval.
16) The developer shall provide a minimum of 25 percent of the
17) The developer sha.11 display a current Zoning a.nd Land Use 9 Map in the sales office at all times, and/or suitable
10 I! alternative to the satisfaction of the Planning Director.
11 public shall include but not be limited to trails, future
and existing schools, parks, and streets. 12
19) Building identification and/or addresses shall be placed on 13
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all new and existing buildings so as to be plainly visible
and/or addresses shall contrast to their background color. from the street or access road; color of identification
18) All sales maps that are distributed or made available to the
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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 proiect without
the condition complies with all requirements of law,
Architectural elevations for each lot shall be submitted to
the Planning Director for approval prior to the issuance of
building permits.
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23) All trees planted by the developer shall be of a. variety
which shall not exceed the heiqht of the eves of the
building on the lot on which the trees are 1oca.ted.
22) All development shall comply with the development standards
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24) The developer shall obtain a grading permit prior to the 26
Engineering Department
PC RES0 NO. 2543 -5- 28
27 commencement of any clearing or grading of the site.
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25) 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,
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Before obtaining a final map or building permits, whichever occurs first, the applicant shall: (a) agree to pay any increase in the public facilities fee or additional tax on new construction and/or new development fees established by
the City Council prior to July 20, 1986; (b) agree to abide by any additional requirements established by the development management system or phasing plans which may be ultimately adopted. by the City of Carlsbad. This condition complies with City Council Ordinance No. 9791.
10 27) Upon completion of grading, the developer shall ensure that
an "as-graded" geologic plan shall be submitted to the City
exposed by the grading operation, all geologic corrective
tour map which represents both the pre and post site grad- 13 ing. This plan shall be signed by both the soils engineer
14 and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a per- manent record. 15
28) No grading shall occur outside the limits of the subdivision 16 unless a letter of permission is obtained from the owners of
17 29) A separate grading plan shall be submitted and approved and
18 a separate grading permit issued for the borrow or disposal
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measures as actually constructed and must be based on a con- 12
Engineer. The plan shall clearly show all the geology as
the affected properties.
site if located within the city limits. 19 I 30) All slopes within this project shall be no steeper than 2:l.
31) Prior to hauling dirt or construction materials to any
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21 proposed construction site within this project the developer
22 shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply
with all conditions and requirements the City Engineer may 23 impose with regards to the hauling operation.
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32) The developer shall exercise special care durinq 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 he 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.
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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. A drainage ditch shall be installed along the easterly side of Lots 1, 2, 3, 4, 5, and 6 and along the
southerly side of Lot 6 in accordance with Sa.n Diego Regional Standard Drawing D-75.1 and City of Carlsbad Standards. Said drainage ditch shall be of a size and type as determined by a hydrology and hydraulics study subject to the satisfaction of the City Engineer. A 15 foot wide private drainage easement shall be established along the
easterly side of Lots 1, 2, 3, 4, 5 and 6 and the southerly side of Lot 6.
17 34) The developer shall pay the current local drainage area fee
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construct drainage systems in conformance with the Master 18 prior to approval of the final map for this project or shall
Drainage Plan and City of Carlsbad Standards as required by
the City Engineer.
20 35) The owner of the subject property shall execute a hold
21 harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this
22 I1 project.
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36) 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.
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37) Direct access rights for all lots abutting Monroe Street 1 shall be waived on the final map.
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38) 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
shown on the tentative map and the following improvements to
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City Standards to the satisfaction of the City Engineer: 5
with appropriate security as provided by law, improvements
6 a) All streets, utilities and storm drainage facilities as
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b) All existing onsite utilities shall be undergrounded 8 unless an alternate design is approved by the City
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Engineer.
Remove the temporary turnaround and berm on existing Donna
Drive at the southerly boundary of the project and connect the new street improvements to the existing curb and gutter on Donna Drive to meet City Standards to the satisfaction
of the City Engineer.
Improvements listed above shall be constructed within 12
months of final map approval and/or improvement plan
approval, whichever occurs first.
Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
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tentative map.
42) The developer shall install street lights along all public and private street frontages in conformance with City of
Carlsbad Standards.
43) 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.
44) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Stan- dards prior to occupancy of any buildings.
45) 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.
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a encies regarding services to the project. PC RES8 NO. 2543 -8-
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1 il 47) The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
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48) 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:
t5 II "DECLARATION OF RESPONSIRLE CHARGE"
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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.
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I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
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Firm:
15 11 City, St.:
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BY Date : 17
Telephone:
(Name of Engineer)
R.C.E. NO. #
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49) 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.
50) 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 Carlshad Street Lighting and Landscaping District No. 1.
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51) 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.
52) All private drainage systems shall be maintained by the individual property owner. A note to this effect shall be
placed on the final map.
53) Prior to final map approval, any unpaid bond issues for the sidewalk assessment along Monroe Street shall be paid for
and removed from records in the Office of the City Treasurer.
9 // Fire Department:
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54) Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Xarshal.
55) 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.
56) An all-weather access road shall be maintained throughout
construction. 1 15
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to the project shall be submitted to the Fire Department for 18
58) All fire alarm systems, fire hydrants, extinguishing 17
being located on the project site. 16
57) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials
systems, automatic sprinklers, and other systems pertinent
approval prior to construction.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 26th day of February, 1986, by the following vote, to
wit: AYES: Chairman Schlehuber, Commissioners: McBane,
McFadden, Smith, Holmes fi Hall.
NOES : None .
ABSENT: Commissioner Marcus.
ABSTAIN: None. G /JL
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
ATTEST :
+L"QG&
MICHAEL J. MLZMIUER
PLANNING DIRECTOR
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