HomeMy WebLinkAbout1990-06-20; Planning Commission; Resolution 3023. ',
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PLANNING COMMISSION RESOLUTION NO. 3023
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSI
CALIFORNIA, RECOMMENDING APPROVAL OF A 180 LOT SUBDMSION
PROPERTY GENERALLY LOCATED AT THE SOUTHEASTERLY CORNER OF
CITY ADJACENT TO THE CITY OF ENCINITAS.
CASE NAME: RANCHO VERDE
CASE NO.: CT 89-18
WHEREAS, a verified application for certain property to wit:
Portions of Lots 8, 9, and 15 of the subdivision of Rancho Las Encinitas, i~
City of Carlsbad, County of San Diego, State of California, according to
thereof No. 848, filed in the office of the County Recorder of said San I
County, June 27, 1898.
has been filed with the City of Carlsbad and referred to the Planning Commissio~
WHEREAS, said verified application constitutes a request as provided by T
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of June, 1990, an
day of June, 1990, hold a duly noticed public hearing as prescribed by law to
request; and
WHEREAS, at said public hearing, upon hearing and considering all tl
arguments, if any, of all persons desiring to be heard, said Commission considel
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissil
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearkg, the Commksio
APPROVAL of CT 89-18, based on the following findings and subject to
conditions:
Findings :
1. The project is consistent with the City's General Plan since the propose
du's/acre is within the density range of 0-1.5 du's/acre specified for the s.
on the Land Use Element of the General Plan, and is at or below the ~
point of 1.
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2. The site is physically suitable for the type and density of the development si is adequate in size and shape to accommodate residential development at
proposed.
3. The Planning Commission has, by inclusion of an appropriate condition to
ensured building permits will not be issued for the project unless the Ci
determines that sewer service is available, and building cannot occur withir
unless sewer service remains available, and the Planning Commission is satis
requirements of the Public Facilities Element of the General Plan have been
as they apply to sewer service for this project.
4. School fees will be paid to ensure the availability of school facilities in t
Union Elementary School District and San Dieguito High School District.
5. Park-in-lieu fees are required as a condition of approval.
6. AU necessary public improvements have been provided or will be required
of approval.
7. The applicant has agreed and is required by the inclusion of an appropri;
to pay a public facilities fee. Perfoxmance of that contract and payment o
enable this body to find that public facilities will be available concurrent
required by the General Plan.
8. The proposed project is consistent with the City's Planned Development 0
also complies with the Design Guidelines Manual.
9. The proposed project is compatible with the surrounding future lan
surrounding properties are designated for Estate Residential development o
Plan.
10. This project will not cause any significant environmental impacts and :
Negative Declaration has been issued by the Planning Director on March
recommended for approval by the Planning Commission on June 2(
recommending approval of this Conditional Negative Declaration
Commission has considered the initial study, the staff analysis, all requi-
measures and any written comments received regarding the sigmficant effe
could have on the environment.
11. The applicant is by condition, required to pay any increase in public facilj
construction tax, or development fees, and has agreed to abide by :
requirements established by a Local Facilities Management Plan prepare
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continu
of public facilities and will mitigate any cumulative impacts created by t
12. This project is consistent with the City's Growth Management Ordinance
conditioned to comply with any requirement approved as part of the :
Management Plan for Zone 11.
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13. This project was subject to Chapter 21.95 of the Carlsbad Municipal Cod
Ordinance) and meets all the requirements of that Chapter to ensure tk
treatment of the City's hillside resources.
Conditions:
1. Approval is granted for CT 89-18/PUD 89-23, as shown on Exhiiit(s) "A"
June 6, 1990, incorporated by reference and on file in the Planning I
Development shall occur substantially as shown unless otherwise note
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar
the conditions of approval by the City. The map copy shall be submitted
Engineer prior to building, grading or improvement plan submittal, whick
first.
Tentative Map as approved by the Planning Commission, The Tentative Map
3. A 500' scale map of the subdivision shall be submitted to the Planning Dire
the recordation of the final map. Said map shall show all lots and streets
adjacent to the project.
4. This project is approved upon the express condition that building permits
issued for development of the subject property unless assurances of the s
sewer facilities have been given by the Leucadia County Water District in
note shall be included on the final map as follows, "Note: This subdivision
upon the express condition that building permits will not be issued for del
the subject property unless the necessary sewer permits from the LC.W.1
obtained."
5. This project is also approved under the express condition that the appli
public facilities fee adopted by the City Council on July 28, 1987 and as a1
time to time, and any development fees established by the City Council
Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted
a growth management system or facilities and improvement plan and
subdivider's agreement to pay the public facilities fee dated June 12, 191
which are on file with the City Clerk and are incorporated by this referenc
are not paid this application will not be consistent with the General Plan
for this project shall be void.
6. The applicant shall pay park-in-lieu fees to the City, prior to the approvz
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
7. The applicant shall provide school fees to mitigate conditions of overcrol
of building pennit application. These fees shall be based on the fee sche
at the time of building permit application.
8. Water shall be provided by the Olivenhain Municipal Water District.
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This project shall comply with all conditions and mitigation required by t
Local Facilities Management Plan approved by the City Council on Februa~
incorporated herein and on file in the Planning Department and any future :
to the Plan made prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or 1 of any fees in lieu thereof, imposed by this approval or imposed by law on
are challenged this approval shall be suspended as provided in Government (
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 cc
all requirements of law.
Approval of this request shall not excuse compliance with all sections oi
Ordinance and all other applicable City ordinances in effect at time of buj
issuance.
Approval of CT 89-18 is granted subject to the approval of HDP 89-35/PI
The applicant shall provide the following note on the final map of the SUI
final mylar of this development submitted to the City:
"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth
Control Point for each General Plan land use designation. Development c
designation for this development is RL. The Growth Control Point for thi
is 1 dwelling units per nonconstrained acre.
All parcels were used to calculate the intensity of development under the
and Chapter 21.90. Subsequent redevelopment or resubdivision of any
parcels must also include all parcels under the General Plan and Chapter
Carlsbad Municipal Code."
The applicant shall submit a street name list consistent with the City's stref
subject to the Planning Directofs approval prior to final map approval.
The applicant shall prepare a detailed landscape and irrigation plan w
submitted to and approved by the Planning Director prior to the issuance
building permits, whichever occurs first.
the Growth Control Point except as provided by Chapter 21.90. 'I
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16. A master plan of the existing onsite trees shall be provided to the Planni:
part of the final grading plan to determine which trees shall be required tc
prior to the issuance of a grading permit or a building permit, whicheve:
17. All landscaped areas shall be maintained in a healthy and thriving condit
weeds, trash, and debris.
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The developer shall install street trees at the equivalent of 40-foot interval
street frontages in conformance with City of Carlsbad standards. The trees
a variety selected from the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Guideli
and submitted per the landscape plan check procedures on file in th
Department.
Landscape plans shall be designed to minimize water use. Lawn and other z(
(see Landscape Guidelines Manual) shall be limited to areas of special visual
or high use. Mulches shall be used and irrigation equipment and design sh
water conservation.
Prior to final occupancy, a letter from a California licensed landscape archil
submitted to the Planning Director certifying that all landscaping has been
shown on the approved landscape plans.
Mature trees which are removed shall be replaced one to one with minim
specimen. Each case shall be reviewed by the Planning Director.
Any signs proposed for this development shall at a minimum be designed in I
with the City's Sign Ordinance and shall require review and approval of 1
Director prior to installation of such signs.
Building identification and/or addresses shall be placed on all new and existi
so as to be plainly visible from the street or access road; color of identific;
addresses shall contrast to their background color.
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.
All sales maps that are distributed or made available to the public shall inc
be limited to trails, future and existing schools, parks, and streets.
As part of the plans submitted for building permit plan check, the applicant
a reduced version of the approving resolutiordresolutions on a 24" x
drawing. Said blueline drawing(s) shall also include a copy of any appli
Development Permit and signed approved site plan.
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28. Prior to issuance of a grading or building permit, whichever comes first,
shall be prepared and submitted to the City of Carlsbad. If the soils report
presence of potential fossil bearing material then a standard two phased prc
in the Planning Department, shall be undertaken to avoid possible significa:
paleontological resources under the direction of the Planning Department
....
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29. The applicant shall establish a Homeownefs Association and corresponding covenan
and restrictions. Said CWs shall be submitted to and approved by the Planning 1
to the issuance of building pennits. CC&R's will not be amended without written c
Planning Director.
30. All manufactured slopes shall be irrigated and each lot shall have individual systa
31. Irrigation systems shall be designed to adapt to a reclaimed water system when
available.
32. One tree 15 gallon or larger shall be provided on each residential lot The trees sh
prior to occupancy of each unit
33. Approval of this CT 89-18 is for subdivision only- A Site Development Plan shall be :
to the issuance of building permits which addresses building elevations, buildj
location and orientation; distance between structures; building height; on site fenc
location; CC&R's design guidelines; Entry gates and signage.
34. Lots 175-180 shall be dedicated to the Homeownefs Association and subject to dc
prohibiting any future development with the exception of a future trail system to
by the City. Open Space lots shall be maintained by the Homeowner's Asso<
conditions shall be reflected in the CC&Rys.
35. Prior to approval of the final map the developer shall provide proof to the Plannin2
acceptable means for maintaining the open space lots and future trails system ana
cost of such maintenance in an equitable manner among the owners of the LII
subdivision.
36. The applicant shall be responsible for implementing the mitigation measures as
Conditional Negative Declaration and for any fees for such program as establisl
Council prior to the issuance of building permits.
37. Prior to final map recordation, easements for a public trail which runs generally
to the south, and provides the opportunity for connection with the City of Encinii
shall be provided to the satisfaction of the Planning Director.
Engineering:
38. All required fire hydrants, water mains, and appurtenances shall be open
combustible building materials being located on the project site.
39. Additional public waterlines and onsite fire hydrants may be required, prior to de7
project, subject to the approval of the Fire Marshal.
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48. Additional drainage easements and drainage structures shall be provided or instal
required by the City Engineer.
49. Prior to approval of the final map the developer shall enter into an agreement with 1
any drainage area fees established as a result of the forthcoming Master Drainage
50. The owner of the subject property shall execute a hold harmless agreement regar
across the adjacent property prior to approval of the final map for this project.
51. The developer shall make an offer of dedication to the City for all public streets E
required for these conditions or shown on the tentative map. The offer shall 1
certificate on the fmal map for this project. All land so offered shall be without cm
and free and clear of all encumbrances.
52. Some improvements shown the Tentative map and/or required by these conditio
offsite on property which neither the City nor the subdivider has sufficient title
permit the improvements to be made without acquisition of title or interest. The SI
conform to Section 20.16.095 of the Carlsbad Municipal Code. '
53. Plans, specifications, and supporting documents for all improvements shall be p
satisfaction of the City Engineer. Prior to approval of the final map, the Subdividf
or agree to install and secure with appropriate security as provided by law, improv
the tentative map and the following improvements to City Standards to the satisfacl
Engineer:
A. Full street improvements to Calle Acervo within the subdivision boundary.
B. Half-street plus 12 feet of improvements to Calle Acervo including requi
offsite to the north to join existing and offsite to the south to Rancho Santa
acquisition by rhe developer of the full 60 feet of public right-of-way indu
slope and drainage easements for these offsite improvements is required.
C. The intersection of Rancho Santa Fe Road and Calle Acervo, shall be imprc
acceleration and deceleration lanes 400 feet in length in each direction alonj
Fe Road. The acquisition by the developer of the public right-of-way is rec
D. The traffic signal at the intersection of Rancho Santa Fe Road and Calle A
E. The offsite gravity sewer construction including the acquisition by the dc
public sewer easements, westerly to the existing sewer main in Rancho S:
required.
F. Street signing and striping plans.
G. All streets within this subdivision shall be public streets, except for the en
easements, and shall be constructured in accordance with City standards.
H. All required reclaimed water lines as approved in the reclaimed water usa
project.
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40. This project has been reviewed for conformancy with the grading ordinance
to be a project for which a grading plan in conformance with City Standards i
11.06 of the Carlsbad Municipal Code must be submitted, approved and gr
must be completed to the satisfaction of the City Engineer. All slopes within shall be graded no steeper than two horizontal to one vertical unless
approved otherwise pursuant to these conditions.
41. No grading permits shall be issued for this subdivision prior to recordation
map.
42. The developer shall obtain a grading permit prior to the commencement of
or grading of the site.
43. Upon completion of grading, the developer shall ensure that an "as-graded g
shall be submitted to the City Engineer. The plan shall clearly show all thc
exposed by the grading operation, all geologic corrective measures as actually
and must be based on a contour map which represents both the pre a
grading. This plan shall be signed by both the soils engineer and the
geologist. The plan shall be prepared on a mylar or similar drafting fil become a permanent record.
44. The grading for this project is defined as "controlled grading" by Section
of the Carlsbad Municipal Code. Grading shall be performed under the 01
a civil engineer whose responsibility it shall be to coordinate site inspectio~
to ensure compliance of the work with the approved grading plan, sub
reports to the City Engineer and verify compliance with Chapter 11.06 of
Municipal Code.
45. No grading shall occur outside the limits of the subdivision unless an
obtained from the owners of the affected properties. If an easement canno
then the project must be amended accordingly.
46. Prior to hauling dirt or construction materials to any proposed constructic
this project the developer shall submit to and receive approval from the (
for the proposed haul route. The developer shall comply with all cc
requirements the City Engineer may impose with regards to the hauling c
47. The developer shall exercise special care during the construction phase of
prevent any offsite siltation. The developer shall provide erosion control
shall construct temporary desiltation/detention basins of type, size an
approved by the City Engineer. The basins and erosion control measures s
and specified on the grading plan and shall be constructed to the satisfacti
Engineer prior to the start of any other grading operations. Prior to the rl
basins or facilities so constructed the area served shall be protected
drainage facilities, slope erosion control measures and other method:
approved by the City Engineer. The developer shall maintain the tempor
erosion control measures for a period of time satisfactory to the City Engi
guarantee their maintenance and satisfactory performance through cas
bonding in amounts and types suitable to the City Engineer.
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54. Improvements listed above shall be constructed within 18 months of final map app:
improvement plan approval, whichever occurs first.
55. Unless a standard variance has been issued, no variance from City Standards is a.
virtue of approval of this tentative map.
56. The developer shall install street lights along all public street frontages in conformal
of Carlsbad Standards.
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57. The developer shall comply with all the rules, regulations and design requirer
respective sewer and water agencies regarding services to the project.
58. All concrete terrace drains private streets, street lights, storm drains and sidew
maintained by the homeowneis association (if on commonly owned property) or t
property owner (if on an individually owned lot). An appropriately worded statc
8 identifying the responsibility shall be placed in the CCWs.
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The developer shall be responsible for coordination with S.D.G.&E., Pacific Telepho:
TV authorities.
The applicant shall agree to utilize reclaimed water, in Type I form, on the subject I
common areas as approved by the City Engineer.
Prior to approval of any grading or building permits for this project, the owner shal
consent to the annexation of the area shown within the boundaries of the site
existing City of Carlsbad Street Lighting and Landscaping District No. 1.
Irrigations systems to accommodate future reclaimed water shall be designed consist
17 of the California Administrative Code. Offsite future reclaimed water distrib
should be anticipated by the installation of adequately sized sleeves at crossing poin
street excavation.
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63. Approval of this tentative tract map shall expire twenty-four (24) months from tf
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Said Extension shall be approved or denied at the discretion of the City Council. Ir:
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extension, the City Council may impose new conditions and may revise existing c(
64. The developer shall instal wheelchair ramps at all street comers in confomanc
Council approval unless a final map is recorded. An extension may be requested by
Carlsbad Standards prior to occupancy of any buildings.
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65. Prior to the issuance of a building permit for any lot, a sewer permit must be
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Leucadia County Water District verifying payment of all applicable District fees fa
66. Prior to the first hal map approval a hydrology study shall be completed to the sat
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City Engineer. This study shall include an analysis of the Encinitas Creek Draim
runoff flows to include a possible flood attenuation action plan for the entire I
Zone 11 to Batiquitos Lagoon. This study must propose alternative forms of mitigai
24 II Drainage Basin.
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67. Prior to the recordation of the final map the developer shall grant a 30 foot wide en
easement hm Paseo del Or0 easterly to the subdivision boundaq as shown on the
This easement shall be graded and improved with a 24 foot wide asphalt rOi
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appropriate base and asphalt berms. This emergenq access roadway shall be
subdivision boundary with a %no3 lock Appropriate easements shall be granted by t
to allow for public use of the private streets on an emergency basis. This provides
resolution to provide a secondq emergency access to the area served by the Lone,
requested by the City of Eucinitas until a permanent solution to complete this ar
circulation can be provided.
68. This project proposes phasing of final maps and development The approved phasin;
on the tentative map. A condition of the first phase of consmaion is the comct
Pacifica from Paseo del Or0 to Calle Acervo, and Calle Acervo fkom rhe site boundaq
to join existing and to the south to Rancho Santa Fe Road.
del Sol; Caminito del Mar to Paseo del Oro; and Paseo del Or0 to Terraza Pacifica
69. All blasting that may be required during the site grading will be done in accorda
policies.
70. Prior to final map approval the developer shall submit a reclaimed water usage
approval of the City Engineer. The plan shall be in conformance with the Ci
reclaimed water master plan. At a minimum the developer shall install a dual watt
all irrigated open space areas with reclaimed water as it becomes available.
71. If the City is in a Stage II or greater water alert, reclaimed water shall be used for al
related activities such as dust control and grading compaction as directed by the (
72. Prior to building permit issuance a deed restriction shall be placed on all lots notif
owners that the irrevocable offer of dedication may be used in the future for public
to and from the City of Encinitas.
73. The developer shall make an irrevocable offer of dedication for a 60 foot wide pub1
from Paseo del Or0 easerly to the subdivision boundary over the same area of thd
emergency access easements. The offer shall be made by a certificate on the fin2
project All land so offered shall be without cost to the City and free an1
encumbrances.
Fire Conditions:
74. Additional public and/or onsite fire hydrants shall be provided if deemed nec,
Marshal.
75. The applicant shall submit two (2) copies of a site plan showing locations of existini
fre hydrants and onsite roads and dries to the Fire Marshal for approval.
76. An all-weather access road shall be maintained throughout construction.
77. All required fire hydrants, water mains and appurtenances shall be operat
combustible building materials being located on the project site.
78. Proposed security gate systems shall be provided with "Knox" key operated over
specified by the Fire Department.
79. Fire retardant roofs shall be required on all structures.
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80. Brush clearance shall be maintained according to the specifications contained i
Carlsbad Landscape Guidelines Manual.
81. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkle
systems pertinent to the project shall be submitted to the Fire Department for apg
construction.
82. Emergency vehicle access shall be provided to the Vi Montana cul-de-sac. Existin:
roads and easements may serve as emergency access if extended to the project and
serviceable condition in accordance with the uniform fire code.
83. Approvals specifically do not include the proposed entry gates off of Calle Acervo or
AU references to entry gates at CaUe Acervo and references to private streets shd
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commis
of Carlsbad, California, held on the 20th day of June, 1990, by the following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, McFac:
Hall.
NOES: None.
ABSENT: Commissioner Erwin.
ABSTAIN: None. ". ,,
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CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
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