HomeMy WebLinkAbout1990-04-18; Planning Commission; Resolution 3005!! e 0
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PLANNING COMMISSION RESOLUTION NO- 3005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A 19 LOT TENTATIVE
TRACT MAP CONSISTING OF 17 RESIDENTIAL LOTS AND 2 OPEN
SPACE LOTS ON A 10.4 ACRE SITE ON PROPERTY GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION
OF EL CAMINO REAL AND ELM AVENUE.
CASE NAME: SPYGLASS
CASE NO.: CT 89-26
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WHEREAS, a verified application for certain property to wit:
A portion of Lot "J", Rancho Agua Hedionda, in the City of
Carlsbad, according to Partition Map No. 823
9 has been filed with the City of Carlsbad and referred to the Planning Commission;
10 WHEREAS, said verified application constitutes a request as provide
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of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of April,
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
arguments, if any, of all persons desiring to be heard, said Commission considert
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cc
I follows:
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APPROVES CT 89-26, based on the following findings and subject to t
B) That based on the evidence presented at the public hearing, the Corn 21
A) That the above recitations are true and correct.
22 conditions:
23 // Findings:
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1. The project is consistent with the City's General Plan since the proposed d
du's/acre is within the density range of 0-4 du's/acre specified for the site
on the Land Use Element of the General Plan, and is at or below the growth
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The site is physically suitable for the type and density of the development
is adequate in size and shape to accommodate residential development a
proposed.
The Planning Commission has, by inclusion of an appropriate condition tc
ensured that the final map will not be approved unless the City Council fin
service is available to serve the project. In addition, the Planning Commissi
a condition that a note shill be placed on the final map that building permi
issued for the project unless the City Engineer detennines that sewer servicc
and building cannot occur within the project unless sewer service remains i
of the General Plan have been met insofar as they apply to sewer service fo
School fees will be paid to ensure the availability of school facilities in
School District.
the Planning Commission is satisfied that the requirements of the Public Faci
9 11 5. Park-in-lieu fees are required as a condition of approval.
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All necessary public improvements have been provided or will be required
of approval.
The applicant has agreed and is required by the inclusion of an appropriatt
pay a public facilities fee. Performance of that contract and payment oj
enable this body to find that public facilities will be available concurrent
required by the General Plan.
The proposed project is compatible with the surrounding future lanl
surrounding properties are designated for Low-Medium Density Residen
Density Residential, and Professional and Related development on the Gen
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9. This project will not cause any siwcant environmental impacts and z
Negative Declaration has been issued by the Planning Director on March >
APPROVED by the Planning Commission on April 18,1990. In approving th
Negative Declaration the Planning Commission has considered the initial sf
analysis, all required mitigation measures and any written comments recei
the significant effects this project could have on the environment.
10. The applicant is by condition, required to pay any increase in public facilil
construction tax, or development fees, and has agreed to abide by a
requirements established by a Local Facilities Management Plan prepare(
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued
public facilities and will mitigate any cumulative impacts created by the PI
24 11. This project is consistent with the City's Growth Management Ordinance :
conditioned to comply with any requirement approved as part of the L
25 Management Plan for Zone 2.
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12. This project was subject to Chapter 21.95 of the Carlsbad Municipal Cc
treatment of the City's hillside resources or has been granted a modific 1
development and design standards. 2
Ordinance) and meets all the requirements of that Chapter to ensure
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Conditions:
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1. Approval is granted for CT 89-26, as shown on Exhibit(s) "A" - ltR't, dated A1
incorporated by reference and on file in the Planning Department. Devel,
occur substantially as shown unless otherwise noted in these conditions.
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2. The developer shall provide the City with a reproducible 24" x 36", mylar
Tentative Map as approved by the Planning Commission. The Tentative Ma]
the conditions of approval by the City. The map copy shall be submittec
Engineer prior to issuance of building permits or improvement plan submitt
occurs first.
3. A 500' scale map of the subdivision shall be submitted to the Planning Dirc
the recordation of the final map. Said map shall show all lots and streef
adjacent to the project.
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4. This project is approved upon the express condition that building pennits
sewer facilities are available at the time of application for such sewer pen
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continue to be available until time of occupancy. This note shall be placed
issued for development of the subject property unless the City Engineer det
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5. This project is also approved under the express condition that the applicant p
facilities fee adopted by the City Council on July 28, 1987 and as amended
time, and any development fees established by the City Council pursuant to C
of the Carlsbad Municipal Code or other ordinance adopted to impleme
management system or facilities and improvement plan and to fulfill the.
agreement to pay the public facilities fee dated June 12, 1989, a copy of wh
with the City Clerk and is incorporated by this reference. If the fees are 1
application will not be consistent with the General Plan and approval for thi
be void.
6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of 1
as required by Chapter 20.44 of the Carlsbad Municipal Code.
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7. The applicant shall provide school fees to mitigate conditions of overcrowdi
building permit application. These fees shall be based on the fee schedule in
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time of building pennit application.
the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25
8. Water shall be provided to this project pursuant to the Water Service agreerr
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9.
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This project shall comply with all conditions and mitigation measures w
required as part of the Zone 2 Local Facilities Management Plan and any made to that Plan prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or
of any fees in lieu thereof, imposed by this approval or imposed by law on tl-
challenged this approval shall be suspended as provided in Government 1
65913.5. If any such condition is determined to be invalid this approval sh
unless the City Council determines that the project without the condition c
all requirements of law.
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11. Approval of this request shall not excuse compliance with all sections ol
Ordinance and all other applicable City ordinances in effect at time of bu:
issuance.
12. Approval of CT 89-26 is granted subject to the approval of HDP 89-47 and
13. The applicant shall establish a homeowner's association and correspondin
conditions and restrictions. Said CC&R's shall be submitted to and appl
Planning Director prior to final map approval.
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16. Submittal of a final Landscape and Irrigation Plan in substantial conforma 16
subject to the Planning Directois approval prior to final map approval.
Conceptual Landscape Plan/Mlside Mitigation Plan for the Planning Direct
14. All roof appurtenances, including air conditioners, shall be architecturally ir
concealed from view and the sound buffered from adjacent properties ar
substance as provided in Building Department Policy No. 80-6, to the satisf
Directors of Planning and Building.
15. The applicant shall submit a street name list consistent with the City's street
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17. Prior to issuance of a grading permit, the applicant shall deposit at a fjnanci
subject to regulation by the state or federal government, a certificate of de1
of aedit made out to the City of Carkbad or such other security wK& ;S :
the City. This document shall be for at least twice the estimated cost of 1
mitigation and landscaping. If the proposed mitigation and landscaping is
in a timely manner, in accordance .with the approved plans, the Planning
authorize the utilization of these funds to do the necessary remedial work
remaining after the completion of this work shall be returned to the applic;
18. In addition to erosion control measures the required landscaping and inis
shown on the approved Landscape and Irrigation Plan shall be completed
occupancy of any unit within this project.
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19. All landscaped areas shall be maintained in a healthy and thriving conditi(
I. weeds, trash, and debris.
2 20. The developer shall install street trees at the equivalent of 40-foot inten
public street frontages in conformance with City of Carlsbad standards. TI 3 be of a variety selected from the approved Street Tree List.
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21. All landscape plans shall be prepared to conform with the Landscape Guidc
and submitted per the landscape plan check procedures on file in 1
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Department.
22. Landscape plans shall be designed to minimize water use. Lawn and other 2
or high use. Mulches shall be used and irrigation equipment and design s
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water conservation. 8
(see Landscape Guidelines Manual) shall be limited to areas of special visu;
9 23. Prior to final occupancy, a letter from a California licensed landscape arch
submitted to the Planning Director certifying that all landscaping has bee] 10 shown on the approved landscape plans.
I' 24. The first set of landscape and irrigation plans submitted shall include bt
l2 /I improvement plans and -grading plans.
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25. All landscape and irrigation plans shall show existing and proposed conto
with the City's Sign Ordinance and shall require review and approval of 15
26. Any signs proposed for this development shall at a minimum be designed in
match the grading plans in terms of scale and location of improvements.
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Director prior to installation of such signs.
27. Building identification and/or addresses shall be placed on all new and exist
so as to be plainly visible from the street or access road; color of identific
addresses shall contrast to their background color.
28. The developer shall display a current Zoning and Land Use Map in the sale
times, or suitable alternative to the satisfaction of the Planning Director.
29. All sales maps that are distributed or made available to the public shall in(
be limited to trails, future and existing schools, parks, and streets.
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30. As part of the plans submitted for building permit plan check, the applicant
a reduced version of the approving resolutionhesolutions on a 24" x 36" blue:
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Said blueline drawing(s) shall also include a copy of any applicable Coastal
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Permit and signed approved site plan.
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31. The proposed noise mitigation measures recommended in the Acoustical Assess
1989, and depicted on the tentative map shall be completed prior to the occup 1
PROPOSED MlTIGATION MEASURES FOR FIRST AND SECOND FLOOm 3
unit within this project The required mitigation measures are as follows: 2
of the Spyglass Project prepared by Illingworth and Rodkin, Inc. dated Se1
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First Floor
Recommended
Measures
Second Floor
Recommended
Measures
5' Barrier Not Applicable
(includes 3' berm height
shown in tentative map)
7' Barrier Not Applicable
(includes 3' berm height
shown in tentative map)
4' Barrier Not Required
I z I1 11 4' Barrier Same as First Flo
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I* I! 12 5' Barrier Same as First Flo
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32. Required sound walls shall be consimcted of masonry material and may ind
plexighs along the top of the wall with both materials required to have
surface density of 3.5 pounds per square foot as specified in the Acoustica
Report for the project prepared by Illingworth and Rodkin, Inc. dated Septeml
The wall shall utilize materials which will result in it conforming with the
Spanish - Mission" theme for the El Camino Real Corridor and con
architectural style of the residential units. The wall design shall be appl
Planning Director prior to the recordation of the final map or issuance of g~
whichever 0ccuz-s first
33. Lot 17 shall have a single story residence to the satisfaction of the Plannin
EnRineering Conditions:
34. All required fire hydrants, water mains, and appurtenances shall be operat
combustible building materials being located on the project site.
24 I 35, Additional public water lines and onsite fire hydrants may be requi
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development of the project, subject to the approval of the Fire Marshal.
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36. Upon completion of grading, the developer shall ensure that an "as-graded" ge
shall be submitted to the City Engineer. The plan shall clearly show all the
exposed by the grading operation, all geologic corrective measures as actually
and must be based on a contour map which represents both the pre and post s
This plan shall be signed by both the soils engineer and the engineering geo
plan shall be prepared on a mylar or similar drafting film and shall become a
record.
37. This project has been reviewed for conformancy with the grading ordinance a
be a project for which a grading permit is required. Prior to any building pc
issued for the site, a grading plan in conformance with City Standards and Sc
of the Carlsbad Municipal Code, must be submitted, approved and grading w
completed to the satisfaction of the City Engineer. All slopes within this pro
graded no steeper than two horizontal to one vertical unless specifical
otherwise pursuant to these conditions.
38. No grading pennits shall be issued for this subdivision prior to recordation
map.
39. The developer shall obtain a grading pennit prior to the commencement of
or grading of the site.
12 40. The grading for this project is defined as "controlled grading" by Section 11.1
13 the Carlsbad Municipal Code. Grading shall be performed under the observat
engineer whose responsibility it shall be to coordinate site inspection and testi
14 compliance of the work with the approved grading plan, submit required rf
City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Mu:
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41. No grading shall occur outside the limits of the subdivision unless a letter (
is obtained from the owners of the affected properties.
42. Prior to hauling dirt or construction materials to any proposed construction si
project the developer shall submit to and receive approval from the City En$
proposed haul route. The developer shall comply with all conditions and reql
City Engineer may impose with regards to the hauling operation.
43. Additional drainage easements and drainage structures shall be provided o
may be required by the City Engineer.
44. The developer shall make an offer of dedication to the City for all publi
easements requhed by these condXons or shown on the tentative map. T'
be made by a certificate on the final map for this project. AU land so of:
granted to the City free and clear of all liens and encumbrances and with0
City. Streets that are already public are not required to be rededicated. I
45. Plans, specifications, and supporting documents for all improvements shall 1
shall install, or agree to install and secure with appropriate security as prc
~ the satisfaction of the City Engineer. Prior to approval of the final map, t
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improvements shown on the tentative map and the following improven
Standards to the satisfaction of the City Engineer.
A. Full half street improvements of El Camino Real along the projec
prime arterial standards, including full median improvements and la
to the satisfaction of the City Engineer. Improvements shall also inc
existing structural defects to El Camino Real adjacent to project to tl
of the City Engineer.
B. Traffic signal for the intersection of Elm Avenue and Appian Roac
Anita including hardware interconnect with the intersection of El Can
Elm Avenue.
C. Street signing and striping plans.
46. Improvements listed above shall be constructed within 12 months of final 1
and/or improvement plan approval, whichever occurs first.
47. Unless a standard variance has been issued, no variance from City Standards
by virtue of approval of this tentative map.
48. The developer shall comply with all the rules, regulations and design requirt
respective sewer and water agencies regarding services to the project.
49. This project is approved specifically as 1 (single) phase.
50. The Subdivider shall provide separate sewer, water, gas, and electric service:
to each of the units.
51. The developer shall be responsible for coordination with S.D.G.&E., Pacific TE
Cable TV authorities.
52. Approval of this tentative tract map shall expire twenty-four (24) months f: of Planning Commission approval unless a final map is recorded. An exter
requested by the applicant. Said extension shall be approved or denied at t
of the Planning Commission. In approving an extension, the City Council
new conditions and may revise existing conditions.
53. The applicant shall agree to utilize reclaimed water, in Type I form, or
property in all common areas as approved by the City Engineer.
54. Imgation systems to accommodate future reclaimed water shall be design
with Title 17 of the California Administrative Code. Offsite future recl
distribution systems should be anticipated by the installation of adequately
at crossing points to minimize street excavation.
PC RES0 NO. 3005 -8-
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55. Direct access rights for all lots abutting El Camino Real and Elm Avenue sh
1 on the final map.
2 56. The developer shall pay the current local drainage area fee prior to approv;
map for this project or shall construct drainage systems in conformance
addition, the developer shall enter into an agreement with de City to pay 2
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drainage area fees established as a result of the forthcoming Master Drainagt 4
Drainage Plan and City of Carlsbad standards as required by the City :
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The Owner shall pay for and submit an application for the quitchiming o
slope and slope maintenance easement on the project site along Elm Ava
final map approval the issue of quitclaiming is to be heard and decided
Cou~~ciL Should Council approve the quitclaim full maintenance of the ~
proposed open space Lot A and Lot B shall be taken over by the properi
when appropriate by the homeowners associatio~~ Should Council not
quitclaim then Lots 1, 11, and 12 cannot be developed unless the ten1
amended.
10 58. Concurrent with the recordation of the final map, the City shall record
documents to accept the formerly rejected offer of dedication for the 7 foot 11 strip for Appian Road as offered and rejected on Map No. 8371 (Cr 74-SA
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59. All open space lots, private drainage easements and the private storm d
maintained by the homeownds association. The individual property ov
contained therein, and all concrete terrace drains on commonly owned pro]
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responsible for the maintenance of any concrete terrace drains on an indivit
lot. An appropriately worded statement clearly identifying these responsibi
placed in the CC&R7s subject to the approval of the City Engineer.
16 60. The toe of slope shown on the tentative map extending into the requked 2
distance at the comer of Elm Avenue and Apph Road shall be pulled bad 17 sight distance line.
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61. The owner shall pay for and submit an application(s) for the quitclajmin;
vacating of the excess public right-of-way along El Camino Real (depending
is to heard and decided by the City Council. 20
status of the right-of-way)). Prior to final map approval, the issue of quitclaiu
21 62. The City is pursuing a median construction project in this area of El Caminc
City project precedes the developer’s construction of his required median i~
construction costs, as determined by the City Engineer.
22 the developer shall reimbme the City for his proportionate share of tht
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24 // Fire Conditions:
25 63. Additional public and/or onsite fire hydrants shall be provided if deemed nec
Fire Marshal.
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64. The applicant shall submit two (2) copies of a site plan showing locations 0:
1 proposed fire hydrants and onsite roads and drives to the Fire Marshal for
2 65. An all-weather access road shall be maintained throughout construction.
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66. All required fire hydrants, water mains and appurtenances shall be operat
combustible building materials being located on the project site.
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67. Fire retardant roofs shall be required on all structures.
68. Brush clearance shall be maintained according to the specifications contain
of Carlsbad Landscape Guidelines Manual.
69. All fire- alarm systems, fire hydrants, extinguishing systems, automatic sprinkl~
systems pertinent to the project shall be submitted to the Fire Department
prior to construction.
Carlsbad Municipal Water District Conditions:
70. The entire potable and non-potable water system/systems for subject prc
evaluated in detail to ensure that adequate capacity and pressure for domestic
and fire flow demands are met. I i
,I3 71. The developer's engineer shall schedule a meetkg with the District Engineel
Fire Marshal and review the preliminary water system layout prior to prep:
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16 which will be collected at time of issuance of building permit.
72. The developer will be responsible for all fees and deposits plus the major f; 15
water system improvement plans.
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73. The extension of Appian Road from Elm Avenue southerly to the existing
with a proposed water line will require developer to probably constru(
regulating station because of the different pressure zones, a water analysis wi
for this project.
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Commission of the City of Carlsbad, California, held on the 18th day of April, 2
PASSED, APPROVED, AND ADOPTED at a regular meeting of
3 following vote, to wit:
4 AYES: Chairperson Schramm, Commissioners: Hall, McFaddl
5 NOES: Commissioners: Erwin & Holmes.
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ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ii 15 I( PLANNING DIRECTOR
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PC RES0 NO. 3005 -11-