HomeMy WebLinkAbout1986-04-23; Planning Commission; Resolution 2551f
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PLANNING COMMISSION RESOLUTION NO. 2551
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 196 LOT
TENTATIVE TRACT MAP AND 189 UNIT PLANNED UNIT DEVELOPMENT
ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF RANCHO
SANTA FE ROAD SOUTH OF OLIVENHAIN ROAD IN THE SOUTHERN
END OF THE CITY.
APPLICANT: RICE PROPERTY
CASE NO.: CT 85-10/PUD-81
WHEREAS, a verified application for certain property, to
wit:
The easterly half of Lot 14, and a portion of the
westerly half of Lot 14; and the south 60 feet of the west half of Lot 14 of Rancho Las Encinitas in the County
of San Diego, State of California to Map thereof No. 848
filed in the off ice of the County Recorder of San Diego
County,
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
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 Nap and Planned Unit Development.
I 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 85-10/PUD-81,
based on the following findings and subject to the following
conditions: I I
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1 Findings: I1 I
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1) The project is consistent with the City's General Plan since the proposed density of 2.40 du's/acre is within the density
range of 1-4 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
proposed.
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3) The project is consistent with all City public facility pol-
appropriate condition to this project, ensured that the 9
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
final map will not be approved unless the City Council
project. In addition, the Planning Commission has added
that building permits may not be issued for the project
available, and building cannot occur within the project
Commission is satisfied that the requirements of the
met insofar as they apply to sewer service for this
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unless the City Engineer determines that sewer service i 12
condition that a note shall be placed on the final map 11
finds that sewer service is available to serve the
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project . 15
Public Facilities Element of the General Plan have been 14
unless sewer service remains available, and the Planning
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b) School fees will be paid to ensure the availability of school facilities in the Encinitas and San Dieguito schoo districts. i
c) Park-in-lieu fees are required as a condition of approval.
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 inclusior!
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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f) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad.
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PC RES0 NO. 2491 -2- 28
Guidelines Manual. 27
4) The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design
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5) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan.
6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on August 24, 1985 and approved by the Planning Commission on September 25, 1985.
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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 iinprovements 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.
11 Conditions: I/ 12
otherwise noted in these conditions. 14
reference and on file in the Planning Department. 13
1 ) Approval is granted for CT 85-10/PUD-81 , as shown on Exhibits "A" - "E", dated September 3, 1985, incorporated by
Development shall occur substantially as shown unless
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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 February 15, 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.
PC RES0 NO. 2551 -3- 28
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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.
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 by the Olivenhain Municipal Water
District.
Planning Department Conditions:
9) 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.
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) The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits.
12) 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.
13) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
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.
15) All roof appurtenances, including air conditioners, shall be 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 Directors of Building and Planning.
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1 16) The applicant shall submit a street name list consistent with
2 ll the City's street name policy subject to the Planning
Director's approval prior to final map approval.
3 17) The developer shall provide a minimum of 25 percent of the lots with adequate sideyard area for Recreation Vehicle
prohibit the storage of recreational vehicles in the required 4
front yard setback. 5
storage pursuant to City Standards. The CC&R's shall
6 18) The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative
7 to the satisfaction of the Planning Director.
8 19) All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and
9 existing schools, parks, and streets.
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20) 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.
21) 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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personnel to develop a mitigation program which shall be 18
22) Prior to any grading on the subject property, the applicant shall employ a qualified archaeologist and associated
approved by the City and executed by the consultant. Said
collection of artifacts from the surface of the site,
submitted to and approved by the City of Carlsbad.
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analysis of the artifacts, and preparation of a report to be 20
program shall include excavation of test units on the sites,
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23) All front yard setbacks shall be a minimum of twenty feet.
24) The applicant shall provide an open space easement for all
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Engineering Conditions: 26
stated in the CC&R's. 25
25) All parks, recreation and open space areas shall be maintained by the homeowner's association. This shall be
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26) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
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27) The grading for this project is defined as "controlled
grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it 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.
28) Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become
a permanent record.
29) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of
the affected properties.
30) 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.
31) All slopes within this project shall be no steeper than 2:l.
32) This site has been recently graded without supervision or inspection of canyon fill areas. Prior to approval of a grading permit, the applicant shall submit specific soils investigation/reports on these areas with recommendations and supportive calculations to guarantee the stability of this project. Peer review of this report may be required by the City Engineer, depending on the extent of unstable fill areas.
33) Within 30 days of this approval the applicant shall cause an erosion control plan and desiltation basin(s) to be installed
upstream from Encinitas Creek, the plan and basin location as approved by the City Engineer. Failure to comply with this condition, shall render the application for tentative map invalid, in accordance with Sections 11.06.150, 11.06.160 and
11.06.120, of the Municipal Code and 66499.36. of the Subdivision Map Act. This condition shall serve as notice of violation pursuant thereto.
34) The offsite graded area which blocks the blue line stream shall be removed. The stream bed shall be regraded to a sensitive riparian area as once existed. Inspection of this area shall include City, and Department of Fish and Game.
The area crosses Lot 195, designated as Open Space.
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The applicant shall provide a culvert/drainage system to
drain the blue line stream mentioned above, under "A" Street
adjacent to Lot 165. This culvert/drainage system shall be
designed to handle all future runoff of this area.
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.
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.
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.
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.
The developer shall construct desiltation/detention basins of
a type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of the final map for this project. Each desiltation basin shall
be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this project as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding regarding drainage across the adjacent property prior to approval of the final map for this project . I1 PC RES0 NO. 2551 -7-
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42) 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.
43) Direct access rights for all lots abutting "A" Street shall
be waived on the final map.
44) The applicant shall relinquish access of the southerly 1.5 acres of Lot 190 and provide dedication of "A" Street offsite (westerly) to Rancho Santa Fe, and (northerly) to Calle Acervo as shown on tentative map, the proposed dedication shall include slope rights, without the obligation to maintain them.
45) The minimum center line radius of "A" Street shall be 375
feet as shown on the tentative map.
46) "A" Street shall be constructed to full width collector standards offsite, to Rancho Santa Fe and to Calle Acervo prior to occupancy of any unit within this subdivision. The
portion from this project to Rancho Santa Fe Road may delete construction of sidewalk improvements (except as noted in Condition No. 561, except that a temporary A.C. paved
sidewalk shall be installed to the satisfaction of the City
Engineer.
47) The cul-de-sacs shown on the tentative map shall be redrawn to conform to City of Carlsbad Standards GS-3 and GS-4.
48) Streets ''A" and rr€3rr shall be public streets. Streets "F",
"K", "G", and "H" shall be minimum 40 feet curb-to-curb width (plus standard five foot sidewalk).
49) 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) On Rancho Santa Fe Road at "A" Street, acceleration and deceleration lanes shall be provided 400 feet in each direction.
map
b) All streets mentioned herein and shown on the tentative
c) Storm drainage facilities to serve this subdivision
d) Sewer, water, cable TV etc....to serve this subdivision e) Design and proportional bonding (1/2) for traffic signal at Rancho Santa Fe Road and "Arr Street.
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50) Improvements listed above shall be constructed within 12
months of final map approval and/or improvement plan approval, whichever occurs first.
51) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map except the width of public streets (private streets area minimum 46 feet wide, with public utility
easement as required).
52) The developer shall install street lights along all public
and private street frontages in conformance with City of
Carlsbad Standards.
53) 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.
54) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards
prior to occupancy of any buildings.
55) 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 buildings.
56) The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
57) This subdivision proposes two phases. Phase I shall
incorporate all improvements south and west of intersection
of "A" and "B" Street, full width, as required by the City
Engineer and mentioned herein. Phase I1 shall incorporate the remaining improvements of this subdivision.
58) 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.
59) The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
60) The applicant shall agree to utilize reclaimed water, in Type
I form, on the subject property in all common areas as
approved by the City Engineer.
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61) Irrigation systems to accommodate future reclaimed water
shall be designed consistent with Title 17 of the California
State Administrative Code, Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points
to minimize street excavation.
62) Some improvements shown on the Tentative Map and/or required
by these conditions are located offsite on property which
neither the City nor the subdivider has sufficient title or
interest to permit the improvements to be made without
acquisition of title or interest. The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code,
63) 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. #
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64) 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 and shall
be 24" x 36" in size and of a quality and material satisfactory to the City Engineer.
65) 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.
66) 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.
67) The developer shall agree to particiqate in an assessment district when it is formed, for the improvements of Rancho Santa Fe Road from Olivenhain Road, south to the City boundary .
68) The developer shall make some improvements to Olivenhain Road from El Camino Real easterly 300 feet, before building
permits are issued. Specifically, the northerly 10 feet of
Olivenhain shall be improved to create a free right turn at the intersection of El Camino Real and Olivenhain.
69) 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.
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70) Building permits for this project shall not be issued unless
the applicant, as a condition of the building permit complies
with the provisions of City Council and Ordinance No. 9791 or any subsequent ordinance or establishing a development management system, or public facilities financing or phasing programs as referenced in Ordinance No, 9791 ,
Fire Conditions:
71) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
72) 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.
73) An all-weather access road shall be maintained throughout construction.
74) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
75) Fire retardant roofs shall be required on all structures.
76) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual.
77) 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.
78) Prior to issuance of building permits, the developer shall
provide the Fire Department with a 500' scale map showing streets (public and private), street names, fire hydrant
locations, and beginning and ending addresses by block.
79) Prior to any development north of "A" Street, the water main in "A" Street shall be constructed and connected to existing water supply to the north of this development.
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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 23rd day of April, 1986 by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane,
Marcus, McFadden, Holmes & Hall.
NOES: None.
ABSENT: Commissioner Smith. EL"-&
CLARENCE SCHLEHURER, Cnairman
CARLSBAD PLANNING COMMISSION
ATTEST:
PLAN'NI NG 131 RECTOR
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