HomeMy WebLinkAbout1986-04-23; Planning Commission; Resolution 2550LT z e 0
1
2
3
4
5
6
7
8
9
LO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 2550
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
LOCATED ON THE SOUTHEAST CORNER OF ALGA ROAD
AND ALICANTE ROAD.
APPLICANT: ALGA HILLS
CASE NO: CT 84-41/PUD-77 I
WHEREAS, a verified application for certain property, to
wit:
Parcels 1 and 3 of Parcel No. 13158, in the City of
Carlsbad, County of San Diego, State of California,
recorded in the Office 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 23rd day of 1 i April, 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:
If I e 0
1/1Findings:
2 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
site as indicated on the Land Use Element of the General
3
Plan. 4
below the density range of 4-8 du's/acre specified for the
5
€3
7
to accommodate residential development at the density 6
2) The site has been made suitable for the type and density of
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
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 San Marcos School District has written a letter, dated November 20, 1984, stating that school facilities will be
available to this project.
19 11 c) Park-in-lieu fees are required as a condition of ap-
proval.
20 d) All necessary public improvements have been provided or
21 will be required as conditions of approval.
22
23
24
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
residential development on the General Plan. 28
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
PC RES0 NO. 2550 -2- I!
L' I 0 e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 I
20
21
22
23
24
25
26
27
28
I
6) 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 84-41/PUD-77, as shown on Exhibits "AA" - "J", 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.
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.
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.
4) 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 27, 1984, 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,
5) 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.
6) 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.
PC RES0 NO. 2550 -3-
i
~
(I
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
* 0
7) 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.
8) 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.
Planning Department Conditions:
91 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 Planning Director prior to the issuance of building
permits.
IO) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions, Said
CCbtR'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 "W" Street are specifically not approved. These lots shall be 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 easement to the homeowners association for maintenance of all Open Space/recreation areas, manufactured slopes, and parking areas.
14) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or
building permits, whichever occurs first,
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,
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.
17) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
PC RES0 NO. 2550 -4-
., .. 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18)
19)
20)
21 1
22)
23)
24)
25)
26)
27 1
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.
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.
All roof appurtenances, including air conditioners, shall be I 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.
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,
The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative to the satisfaction of the Planning Director.
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.
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.
1) PC RES0 NO. 2550 -5-
0 0 ..
1
2
3
4
28) All retaining walls greater than four feet required 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.
5 29) CC&R's shall contain a provision prohibiting the parking or 1
applicant shall participate in the design and location of a 6 storage of recreational vehicles onsite. In addition, the
this project's fair share of the cost of such facility. permanent RV storage facility in the La Costa area, and in 7
a
9
10
11
12
13
14
15
16
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.
31) Lot sizes and widths in Phases 1, 6, 9, IO, 11, 12, 14 and 15 shall meet Planning Department Policy No. 12 to the satisfaction of the Planning Director.
32) Lots in Phase 3 where length exceeds width by three times shall be reduced in length to the satisfaction of the City
Engineer. Lot area removed from these lots shall be combined
to form an additional lot(s) to be owned and maintained by the
Homeowner's Association and this shall be so reflected in the
CC&R' s
!
17
installation. Driveways shall be located to maximize onstreet 18
33) A driveway plan showing the locations of driveways within the project shall be approved by the Planning Director prior to
parking. -
19
20 I Engineering Conditions:
21 11 34) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
22 35) Prior to commencement of grading activity the developer shall
24
be graded or disturbed. This fence shall be inspected and 23 install a temporary fence around the parimeter of areas not to
of grading activity. approved by the public works inspector prior to the beginning
El 11 ////
26 /I ////
~
2711 PC RES0 NO. 2550 -6- ~
I
~
28
I,
.. e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
36) 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.
37) 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.
38) The applicant shall prepare a comprehensive drainage plan with hydraulic calculations to establish non erosive drainage from this subdivision to the nearest improved, public drainage 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 downstream properties.
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 Map.
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.
44) 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.
PC RES0 NO. 2550 -7-
..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
3.7
18
19 1
20
21
22
23
24
25
26
27
28
0 0
45) All slopes within this project shall be no steeper than 2:l.
46) Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer
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 impose with regards to the hauling operation.
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
Engineer.
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.
50) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this
project.
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.
////
PC RES0 NO. 2550 -8-
e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1'7
18
19
20
21
22
23
24
25
26
27 I
,
I
52) 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.
53) 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.
54) All intersections shall be redesigned to provide less than 6% grade as required by City Engineer and AASHTO Design
Manual.
55) All intersections shall establish sight distance restrictions for design criteria. A note delineating each
restricted zone shall be placed on the final map.
56) The right-turn-in entrance on Alga Road is specifically not approved.
57) 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.
58) 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.
59) 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.
~ 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,
~
28 PC RES0 NO. 2550 -9-
I. a 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 ~
"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.
62) 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.
63) The proposed median opening on Alga Road is specifically - not approved .
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) The design of a11 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.
~ I 17
67) All concrete terrace drains shall be maintained by the 19
sibility shall be clearly stated in the CC&R's. 18
66) All private streets and drainage systems shall be maintained
by the homeowner's association in perpetuity. This respon-
homeowner's association (if on commonly owned property) or
lot). An appropriately worded statement clearly identifying 20
the responsibility shall be placed in the CC&R's. 21
the individual property owner (if on an individually owned
22
23
24
25
26
27
28
68) A11 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.
69) All plans, specifications, and supporting documents €or 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:
PC RES0 NO. 2550 -1 0-
.. e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
~
19 I
20
21
22
23
24
25
26
27
28
"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. #
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.
////
////
PC RES0 NO. 2550 -1 1-
il
I. e 0
1
2
3
4
5
6
7
8
9
73) Before and as a condition of obtaining a final map, or final development permit or site plan approval under Title 21 of the Carlsbad Municipal Code, the subdivider shall enter into a contract with the City whereby the subdivider covenants on behalf of the subdivider and subdivider's successors in interest to the following:
a) Not opposing and consenting to the formation of a bridge and major thoroughfare district for the southern area of
the City.
b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is located.
c) Payment of the traffic impact fee established pursuant to
Chapter 18.42 of the Carlsbad Municipal Code.
10 74) Building permits for this Froject shall not be issued unless
the applicant, as a conditlon of the building permit complies
any subsequent ordinance or establishing a development
programs as referenced in Ordinance No. 9791.
11
management system, or public facilities financing or phasing 12
with the provisions of City Council and Ordinance No. 9791 or
13 I/ Fire Conditions: 14
75) An all-weather access road shall be maintained throughout 15
76) All required fire hydrants, water mains and appurtenances 16
construction.
shall be operational prior to combustible building materials 17 being located on the project site.
18
Guidelines Manual. 20
78) Brush clearance shall be maintained according to the 19
77) Fire retardant roofs shall be required on all structures.
specifications contained in the City of Carlsbad Landscape
21
22
79) All fire alarm systems, fire hydrants, extinguishing systems,
project shall be submitted to the Fire Department for automatic sprinklers, and other systems pertinent to the
23 ll approval prior to construction. 11 //// 24
////
////
25
26
////
27 11 ////
28 PC RES0 NO. 2550 -12-
I.. 0 0
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 PASSED, APPROVED AND ADOPTED at a regular meeting of the
4
5
Planning Commission of the City of Carlsbad, California, held on
the 8th day of January, 1986, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: Marcus,
McBane, McFadden & Holmes. 6
7
ABSENT: Commissioner Smith. 8
NOES : commissioner Hall.
9
10
11
ABSTAIN: None.
I I CLARENCE Ld* SCHLE BER, Chairman
CARLSBAD PLANNING COMMISSION 12
13 ATTEST :
l$fhdK 1 PLANNING ICHAEL J. DIRECTOR HOLZMILLER '
16
17
18
19 I
20
21
22
23
24
25 I
26
27 PC RES0 NO. 2550 -1 3-
28
-