HomeMy WebLinkAbout1987-11-12; Planning Commission; Resolution 2693>th
.)
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
a e
PLANNING COMMISSION RESOLUTION NO. 2693
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 13 LOT TENTATIVE TRACT MAP ON PROPERTY LOCATED ON THE SOUTH SIDE OF CANNON ROAD, EAST OF PASEO DEL NORTE, NORTH OF PALOMAR AIRPORT
ROAD. APPLICANT: CARLTAS DEVELOPMENT COMPANY CASE NO: CT 87-3
WHEREAS, a verified application for certain property to
wit: A portion of Lot H of Rancho Agua Hedionda, Map 823, in the City of Carlsbad
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 4th and on
the 12th day of November, 1987, 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.
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 87-3, based on the
following findings and subject to the following conditions:
."
...
t 0 0
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
Findinss:
1) The project is consistent with the C-2-Q zoning designation as well as the Extensive Regional Retail designation as indicated in the Land Use Element of the General Plan.
2) The proposed project is compatible with surrounding development as exhibited by its proximity to the existing Car Country auto park.
3) The site is physically suitable for the proposed type of development because the site is adequate in size and shape to accommodate automobile dealerships at the intensity proposed.
4) The project is consistent with all City public facility policies 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 pro j ect . 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) School fees will be paid to ensure the availability of school facilities in the Carlsbad school district.
c) All necessary public improvements have been provided or will be required as conditions of approval.
d) 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.
e) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad.
5) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
PC RES0 NO. 2963 -2-
~*
* I1 0 e
1
2
3
4
5
6
7
a
9
10:
11
12
13
14
15
16
17
18
19 I
20
21
22
23
24
25
26
27
Planning Director on September 11, 1987, and approved by the Planning Commission on November 12, 1987.
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.
7) The project is consistent with the provisions of Chapter
21.90 of the Carlsbad Municipal Code and the plans adopted pursuant of this Chapter or has signed an agreement to be
subject to such plans when they are adopted.
8) The proposed tentative tract map will not adversely impact public facilities in Local Facilities Management Zone 3 because this zone plan has been amended. to address the minimal impacts created by the proposed commercial development.
Conditions: I
1) Approval is granted for CT 87-3 , as shown on Exhibit I1Gt1-
ItKtv, dated November 4, 1987, 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 also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
PC RES0 NO. 2693 -3-
28
,*
* II 0 0 I
1
2
3
4
5
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 August 3, 1987, and the agreement to pay the Growth Management Fee dated August 3, 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 provide school fees to mitigate 6 conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule 7 in effect at the time of building permit application.
8 6) Approval of this request shall not excuse compliance with
permit issuance.
all sections of the Zoning Ordinance and all other 9 applicable City ordinances in effect at time of building
10
11 7) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the
Costa Real Water District, dated May 25, 1983. 12
13
14
15
16
17
8) The applicant shall prepare a 24" x 36It reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits.
9) The applicant shall establish covenants, conditions and
restrictions. Said CCLR's shall be submitted to and approved by the Planning Director prior to final map
approval.
~
18 1 10) The applicant shall prepare a detailed landscape and
building permits, whichever occurs first.
irrigation plan which shall be submitted to and approved by 19 I the Planning Director prior to the issuance of grading or
20
21 11) A 500 foot 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 22 ' and adjacent to the project.
23 12) All landscaped areas shall be maintained in a healthy and
24 thriving condition, free from weeds, trash, and debris.
13) A uniform sign program for this development shall be 25 submitted to the Planning Director for his review and
26
27 PC RES0 NO. 2693 -4-
approval prior to occupancy of any building.
28
'. ./I 0 0
14) Trash receptacle areas shall be enclosed by a six-foot high
Location of said receptacles shall be approved by the 1
Planning Director. 2
masonry wall with gates pursuant to City standards.
3 15) All roof appurtenances, including air conditioners, shall be
pursuant to Building Department Policy No. 80-6, to the
architecturally integrated and concealed from view and the 4
satisfaction of the Directors of Planning and Building, 5
sound buffered from adjacent properties and streets,
6 16) The applicant shall submit a street name list consistent
with the City's street name policy subject to the Planning 7 Director's approval prior to final map approval.
8
9
10:
I1
12
13
14
15
17) Prior to issuance of a grading or building permit, whichever
comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material then a two phased program shall be undertaken to avoid possible significant impacts on paleontological resources.
A) Phase 1 shall consist of a qualified paleontologist
doing a literature and records search, surface study, subsurface testing if necessary, the recordation of any sites, and a recommendation regarding the need for further work.
~
B) If it is determined during Phase 1 that further work is necessary it shall consist of the following:
16
17
18
19 I
20
21
22
1) A qualified paleontological monitor shall be present at a pregrading conference with the developer, grading contractor, and the environmental review coordinator. The purpose of this meeting will be to consult and coordinate the role of the paleontologist in the grading of the
site. A qualified paleontologist is an individual
with adequate knowledge and experience with
fossilized remains likely to be present to identify them in the field and is adequately experienced to remove the resources for further study.
23
24
25
26 I
I
2) A paleontologist or designate shall be present during those relative phases of grading as determined at the pregrading conference. The monitor shall have. the authority to temporarily direct, divert or halt grading to allow recovery of fossil remains. At the discretion of the monitor, recovery may include washing and picking of soil samples for micro-vertebrate bone and teeth. The
27 /1 PC RES0 NO. 2693 -5-
28
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19 I
20
21
22
23
24
25
26
27
28
0 0
developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified paleontologists as may be determined by the Planning Director. The contractor shall be aware of the random nature of fossil occurrences and the possibility of a discovery of remains of such scientific and/or educational importance which might warrant a long term salvage operation or preservation. Any conflicts regarding the role of the paleontologist and/or recovery times shall be resolved by the Planning Director.
18) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. 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.
19) Approval of Tentative Tract No. 87-3 is granted subject to approval of Zone Change 87-2, General Plan Amendment/Land Use No. 87-1, Specific Plan No. 19(C). All conditions of SP-lS(C) are incorporated herein.
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.
22) No outdoor storage of material shall occur onsite unless
' required by the Fire Chief. In such instance a storage plan
will be submitted for approval by the Fire Chief and the Planning Director.
23) Archaeological sites SDM-W-125, and SDM-W-121 shall be
mitigated as per the letter from RBR & Associates, Inc.,
dated January 22, 1987, on file in the Planning Department.
24) Approval of CT 87-3 is contingent upon approval of a Coastal
PC RES0 NO. 2693 -6-
~
II 0 0 I
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
ti
Development Permit granted by the California Coastal Commission.
Ensineerins Conditions:
25) The subdivider shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
26) The grading for this project is defined as "controlled
grading1' 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.
27) Upon completion of grading, the developer shall ensure that an lfas-gradedll 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.
28) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties.
29) No grading or clearing of land within this subdivision nor subsequent regrading of lots within this subdivision shall occur during the period from October 15 to April 15th unless approved by the City Engineer and Coastal Commission. A note to this effect shall be placed on the final map.
30) All slopes within this project shall be no steeper than 2:l.
31) Prior to hauling dirt or construction materials to any proposed construction site within this project the applicant shall submit to and receive approval from the City Engineer
' for the proposed haul route. The applicant shall comply
with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
32) This project proposes to export 173,000 cubic yards of
earthwork to an onsite location, which has not been
identified at this time. Prior to the approval of any grading permits, the applicant shall submit required environmental review, and appropriate stockpile
PC RES0 NO. 2693 -7-
.I
/I 0 a
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
permit/agreement per Chapter 11.06 of the Carlsbad Municipal Code.
33) 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.
34) Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer.
35) The subdivider 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.
36) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of final map for this project.
37) Runoff from this project is conveyed to environmentally sensitive areas. Each site developer shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit.
38)' The subdivider 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 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.
39) Prior to the approval of the final map Cannon Road shall be
PC RES0 NO. 2693 -8-
..
ll a 0 I
dedicated to the City of Carlsbad along the frontage of this
with City standards. The specific alignment of Cannon Road
The City shall enter into an agreement with the subdivider
District to provide Public Facilities Fee credits for right-
development rights are obtained for a period of five (5)
available, credits shall cease, and subdivider shall
1
of-way dedication fronting the remainder parcel provided no 4
consistent with the terms of proposed Cannon Road Assessment 3
shall be approved by the City Engineer prior to dedication. 2
subdivision, including the remainder parcel in conformance
years. Should development rights subsequently become 5
6
dedicated full width from Paseo Del Norte to IrAI1 Street as 40) Prior to the approval of the final map, Cannon Road shall be 7
reimburse City for any prior credits.
8 shown on the tentative map.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
41) Prior to the approval of the final map Palomar Airport Road shall be dedicated to the City of Carlsbad, based on a centerline to right-of-way width of 63 feet along the remainder parcel boundary.
42) All dedications of Cannon Road and Palomar Airport Road
shall include provision for adequate slope rights and
drainage easements to install the full width road
improvements.
43) Direct' access rights for all lots abutting Cannon Road shall
be waived on the final map.
44) Direct access rights for all lots abutting llA1l Street shall be waived on the final map. Specific access points shown on the tentative map are excepted from this condition.
45) 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) Cannon Road from Paseo del Norte to llA" Street;
1) Half street improvements including but not limited to: curb/gutter and sidewalk, full median, utilities, streetlights, and street trees.
2) An 18 foot wide lane on the north side of the improved median, all in accordance with City Standards.
27 PC RES0 NO. 2693 I) -9-
28
.J
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19 1
20
21
22
23
24
25
26
27
28
0 0
3) A sewer trunk line (sized per sewer master plan) located in Cannon Road, the exact location, as approved by the City Engineer.
B) I1Al1 & rrB1l Street full width as shown on the tentative map, including but not limited to; truck turnouts, median, sidewalks, street lights, fire hydrants, and access ramps.
C) The (2) offsite storm drains and culvert improvements
to serve this project.
D) All sewer, water and drainage facilities as shown on the tentative map to serve this subdivision.
E) The undergrounding/removal of overhead powerlines and
power poles adjacent to Cannon Road and IIA1' Street.
(Not large transmission towers.)
F) A fully actuated traffic signal at Cannon Road and lgA1l Street.
G) Sidewalk, streetlights, and street trees on the east side of Paseo del Norte from the southerly end of Car Country to Palomar Airport Road.
46) The developer shall be eligible for reimbursement for the 18
foot wide road section including half median, offsite right-
of-way, offsite storm drain, and the sewer trunk line within
Cannon Road. The City may contribute direct fee credit or pay the actual cost of the sewer trunk line construction. All other improvements contained herein are the responsibility of the applicant.
47) Prior to the approval of the final map, the applicant shall
agree to participate in and not oppose the formation of any special assessment districts for the purpose of funding the following improvements:
1) Extension of Cannon Road from Paseo del Norte to El Camino Real.
2) Reconstruction and widening of Palomar Airport Road from Paseo del Norte to Palomar Oaks Way.
3) The widening of the Palomar Airport Road bridge over 1-5 including the interchange and signalization improvements.
This condition excludes the remainder parcels.
48) Improvements listed above shall be constructed within 12
months of final map approval and/or improvement plan
PC RES0 NO. 2693 -10-
.z
1
2
3
4
5
6
7
a
9
10:
11
12
13
14
15
16
17
18
19 I
20
21
22
23
24
25
26
27
28
0 0
approval, whichever occurs first.
49) Unless a standard variance has been issued', no variance from
City Standards is authorized by virtue of approval of this
tentative map.
50) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
51) This project is approved specifically as 1 (single) phase.
52) 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.
53) The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities.
54) 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.
55) Some improvement 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. Subdivider shall be eligible for reimbursement of any cost incurred consistent with the Cannon Road Assessment District.
56) The subdivider shall provide the City with a reproducible mylar copy of the tentative map as approved by the Planning
Commission. The map shall reflect the conditions of
approval by the City. The map shall be submitted to the
City Engineer prior to improvement plan submittal.
57) Prior to 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 site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
58) Approval of this tentative tract map shall expire twenty-
four months from the date of City Council approval unless a
PC RES0 NO. 2693 -11-
.. i
1
2
3
4
5
6
7
a
9
16
11
12
13
14
15
16
17
18
19
~
20
21
22
23
24
25
26
27
28
e 0
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.
59) This subdivision contains a remainder parcel. Prior to the development or sale of this parcel, the owner shall comply with the provisions of Section 66424.6 of the Subdivision Map Act. A note to this effect shall be placed on the final map.
Fire Conditions:
60) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
61) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
62) 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.
63) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site.
64) Provide public water main for future service across west end of parcels or provide eight inches diameter water connection for future use at parcel along IrAlt street.
...
...
...
...
...
. . :
...
...
...
...
PC RES0 NO. 2693 -12-
I .c
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
0 e
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 12th day of November, 1987, by the following vote, to wit:
AYES : Chairman Marcus, Commissioners: Schlehuber, McBane, Hall, Schramm &I Holmes,
NOES : Commissioner McFadden,
ABSENT : None.
ABSTAIN: None. #&'YJ.
#" 7;+, 29-
CUS, Chairperson
ING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 2693 -13-