HomeMy WebLinkAbout1987-06-17; Planning Commission; Resolution 2528I, 0 0
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PLANNING COMMISSION RESOLUTION NO. 2528
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND
PLANNED UNIT DEVELOPMENT FOR 14 UNITS ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF ALGA ROAD BETWEEN ALICANTE
ROAD AND LUCIERNAGA STREET.
APPLICANT: LANCASTER TOWNHOMES
CASE NO.: CT 85-16/PUD-85
WHEREAS, a verified application for certain property to
wit:
Portion of Lot 185, Map No. 6800, recorded December 9,
1970, City of Carlsbad, County of San Diego,
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 17th day of
I/ June, 1987, hold a duly noticed public hearing as prescribed by 15 /I law to consider said request; and 16 I1 WHEREAS, at said public hearing, upon hearing and
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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 APPROVES CT 85-16/PUD-85, based on the
following findings and subject to the following conditions:
I/ Findings:
26 I 1) The project is consistent with the City's General Plan since
27 the proposed density of 4.8 du's/acre is within the density
the General Plan.
specified for the site as indicated on the Land Use Element of 28
range of 4 - 8 du's/acre and below the control point of 6.0
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2) The site is physically suitable for the type and density of
to accommodate residential development at the density 1
proposed. 2
the development since the site is adequate in size and shape
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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 San Marcos School District has written a letter, dated
April 19, 1985, stating that school facilities will be
available to this project.
14 I/ c) Park-in-lieu fees are required as a condition of I
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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 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.
f) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
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Guidelines Manual. 23
4). The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
24 5) The proposed project is compatible with the surrounding future^
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land uses since surrounding properties are designated for
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residential development on the General Plan. ~
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111 Conditions: I
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1) Approval is granted for CT 85-16/PUD-85, as shown on
otherwise noted in these conditions. 4
reference and on file in the Planning Department.
Exhibits nAn through "H" dated 5/27/87 incorporated by
Development shall occur substantially as shown unless
I1 5 2) This project is approved upon the express condition that 1
the final map shall not be approved unless the City Council
available to serve the subdivision.
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finds as of the time of such approval that sewer service is
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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.
4) This project is also approved under the express condition
that the applicant pay the public facilities fee adopted by
the City Council on April 22, 1986 and any development fees
established by the City Council pursuant to Chapter 21.90 of
. the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement
to pay the public facilities fee dated May 26, 1987, and the
agreement to pay the Growth Management Fee dated May 26,
1987, copies of which are on file with the City Clerk and
are incorporated by this reference. If the fees are not
paid 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.
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) The applicant shall provide the following note on the final
map of the subdivision and final mylar of this development
submitted to the City:
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"Chapter 21.90 of the Carlsbad Municipal Code establishes a
Growth Management Control Point for each General Plan land use
designation. Development cannot exceed the Growth Control
Point except as provided by Chapter 21.90. The land use
designation for this development is RM (4-8 du/ac); the
density of the proposed project is 4.8 du/ac. The Growth
Control Point for this designation is 6.0 dwelling units per
nonconstrained acre.
Planning Department:
9) 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.
10) 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.
11) 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.
12) 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 grading or
building permits, whichever occurs first.
1 13) All parking lot trees shall be a minimum of 15 gallons in
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size.
14) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
15) 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.
16) 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
Director.
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1 17) All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the
to Building Department Policy No. 80-6, to the satisfaction of
the Planning and Building Directors.
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sound buffered from adjacent properties and streets, pursuant
4 18) The developer shall display a current Zoning and Land Use Map
in the sales office at all times, and/or suitable alternative 5 to the satisfaction of the Planning Director.
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19) 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.
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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) 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.
22) 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.
23) Berming and a meandering, stuccoed, decorative wall shall be
constructed along Alga Road as stipulated in the mitigation
measures of Acoustical Analysis, dated October 25, 1985,
submitted for this project. Architectural design of the
decorative wall shall be approved by the Planning Director
prior to construction of the wall.
24) Heavy landscaping shall be planted along the southern and
western boundaries of the project to form a dense landscaped
buffer between the proposed project and adjacent properties. . Fencing and landscaping shall be installed at the south end of
the swimming pool to screen the pool area from the adjacent
residence. A detailed Landscaping plan shall be approved by
the Planning Director prior to the issuance of building
permits.
25) Prior to issuance of a building permit, the Building Director
shall review the architectural plans to ensure compliance with
the State of California interior noise standard of 45 CNEL.
At that time, any additional measures (thicker glazing, sound
absorption material, or shielding of vents) to further I
~ attenuate the noise to an acceptable level shall be required.
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26) The fronts of all garages shall. be set back from the private
driveway twenty feet as determined by the Planning Director.
27) 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 l.aw 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.
7 11 Engineering Department: I
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28) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
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29) 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.
14 30) No grading shall occur outside the limits of the subdivision
15 unless a letter. of permission is obtained from the owners of
the affected properties. (If permission cannot be obtained
16 I1 this approval is null and void.)
17 separate grading permit issued for the borrow or disposal site
if located within the city limits. 18
31) A separate grading plan shall be submitted and approved and a
19 I) I 32) All slopes within this project shall be no steeper than 2:l.
2o I/ 33) The toe of the southerly slope, shall be protected with 1/4
ton rip-rap or as approved by the City Engineer.
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34) The developer shall exercise special care during the
construction phase of this project to prevent any offsite
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
. siltation. The developer shall provide erosion control
PC RES0 NO. 2528 -6-
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deposit and bonding in amounts and types suitable to the City 2
of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash
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Engineer. !
35) Additional drainage easements and drainage structures shall be I
4 provided or installed as may be required by the County
5 Department of Sanitation and Flood Control or the City Engi-
neer.
6 36) Prior to the approval of the grading plan for this project,
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8 37) The developer shall pay the current local drainage area fee
the engineer shall comply with Sections 11,060.090 and
11.060.100 regarding drainage terraces (may be required).
prior to approval of the final map for this project or shall
Drainage Plan and City of Carlsbad Standards as required by
9 construct drainage systems in conformance with the Master
10 the City Engineer.
11 38) The owner of the subject property shall execute a hold
harmless agreement regarding regarding drainage across the 12 adjacent property prior to approval of the final map for this
13 ll project.
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39) The developer shall make an offer of dedication to the City
for all public streets and easements required by these I
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.
1811 40) Direct access rights for all lots abutting Alga Road shall be
19 /I waived on the final map.
20 improvements shall be prepared to the satisfaction of the City
Engineer. Prior to approval of the final map, the Subdivider
security as provided by law, improvements shown on the
41) Plans, specifications, and supporting documents for all
21 shall install, or agree to install and secure with appropriate
22 I tentative map and the following improvements to City Standards
23 11 to the satisfaction of the City Engineer:
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a) Sidewalk and replacement curb and gutter if necessary
b) Relocation of storm drain system.
c) Full median improvements on Alga Road adjacent to the
subdivision.
dl The sewer, water, and circulation system to serve this
project.
Note: Rolled curb and gutter is specifically not
(Alga Road).
28 I/ approved.
PC RES0 NO. 2528 -7-
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e) Repair of terrace drains and drainage systems along the
southerly and easterly side of this subdivision.
f) Relocation of fire hydrant and utility risers at the
entrance to this subdivision.
42) Improvements listed above shall be constructed within 12 s
months of final map approval and/or improvement plan
approval, whichever occurs first.
43) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
tentative map. Sight distance to and from this subdivision
shall be provided per City Standards. The monument signs
shown on the tentative are apecifically not approved.
44) 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.
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Standards. 16
45) The developer shall install street lights along all public and
private street frontages in conformance with City of Carlsbad
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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.
The developer shall install sidewalks along all public street
frontages in conformance with City of Carlsbad Standards prior
to occupancy of any buildings.
The project shall utilize minimum 25' radius curb returns with
access ramps instead of driveway type access at Alga Road.
23 49) The developer shall comply with all the rules, regulations and
be approved by the City Engineer prior to approval of the
50) The design of all private streets and drainage systems shall 25
regarding services to the project. 24 design requirements of the respective sewer and water agencies
26 final map for this project. The design of all private streets
shall conform to City of Carlsbad standards of public streets.
27 The structural section of all private streets shall conform to
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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
2 fees shall be paid prior to approval of the final map for this
project.
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4 electric services with meters to each of the units. 51) The Subdivider shall provide separate sewer, water, gas, and
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52) The access road for this subdivision shall be redesigned to
delete the center gutter. Standard 2% cross fall with a
tipped section shall be utilized with concrete curb and
gutter as approved by the City Engineer.
53) 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.
54) 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:
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15 11 "DECLARATION OF RESPONSIBLE CHARGE" I
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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)
2211 ' Firm:
23 11 Address:
24 11 City, st. :
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BY Date: 26
' Telephone:
(Name of Engineer)
R.C.E. NO. # 28 PC RES0 NO. 2528 -9- 11
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55) Prior to submittal of any plans for this project, 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.
4 56) Prior to recordation of any final map for this development for
this project, the owner shall give written consent to the 5 annexation of the area shown within the boundaries of the
Lighting and Landscaping District No. 1. 6
tentative map into the existing City of Carlsbad Street
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57) 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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58) 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 subdividers and subdivider's successors in
interest to the .following:
a) No 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,
d) Payment of the traffic impact fee established for the area
of the City in which the development is located.
59) The bomanite located in the right-of-way at the project 22 . entry is not approved. A 5' bomanite strip, shown on the
tentative map (Exhibit B), shall be provided on the west 23
Fire Department: 24
side of the first section of the driveway.
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61) Additional public and/or onsite fire hydrants shall be 27
Department. 26
60) Prior to the issuance of building permits, complete building 25
plans shall be submitted to and approved by the Fire
provided if deemed necessary by the Fire Marshal.
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1 62) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and
2 onsite roads and drives to the Fire Marshal for approval.
3 63) An all-weather access road shall be maintained throughout
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construction.
64) All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials
being located on the project site.
65) 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.
66) 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 17th day of June, 1987, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Hall, Holmes, McBane
NOES : None.
McFadden, Schlehuber and Schramm.
ABSENT: None.
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ABSTAIN: None. ,a* 2da2 m
MARY 2T CUS, Chairperson
CARLS D PLANNING COMMISSION
21 // ATTEST:
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PLANNING DIRECTOR
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