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HomeMy WebLinkAbout1982-10-05; City Council; 7164-1; ZC/CT/CP Daon CorpCirCbF CARLSBAD - AGEND/QjILL MTG.10/5/82 DEPT..PLN Zone Change from R-l-10,000 to RDM and a 490 unit Tentative Tract Map and Condominium Permit; south side of Corte de La Vista, east of Alicante Road. ZC-262/CT 82-15/CP-212 - DAON CORPORATION oo in n g ..sis 8 -H 0) U- O ^CN-p 00 I "^ O^ <d0) in"3 • H I S g C ^3 ^8^B w "5 OJ 4] -P c-p-q (U 8 (N CO CN\c O1 o | o OO RECOMMENDED ACTION: Both the Planning Staff and Planning Commission recommend that this application be APPROVED and that the City Council introduce Ordinance No. ?£*/& , APPROVING ZC-262 and the City Attorney be directed to prepare documents APPROVING CT 82-15/CP-212, per Planning Commission Resolution Nos. 2013 and 2014. ITEM EXPLANATION: This item consists of two applications: 1) A zone change from R-1-10,000 to RDM, and 2) A 490 unit Tentative Tract Map and Condominium Permit. The Planning Commission found the project to be consistent with the General Plan and determined that it met all design criteria and development standards of the Planned Development Ordinance. Two issues were discussed during the public hearing: 1) grading impacts and 2) visual impacts. The Commission found that these impacts were satisfactorily mitigated by the design of the project and the conditions of approval. One commissioner questioned the calculation of the project's building height. Upon further review, staff has found that the project meets the 35" height limit of the zoning ordinance. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Conditional Negative Declaration, dated August 9, 1982, which was approved by the Planning Commission on August 25, 1982. A copy of the environmental documents is on file in the Land Use Planning Division office. FISCAL IMPACT The applicant will provide all required public improvements to the project. Also, the applicant has agreed to pay a public facilities fee to offset the costs of providing all other public services. EXHIBITS 1) PC Resolution Nos. 2013 and 2014 2) Staff Report dated August 25, 1982, with attachments 3) Ordinance No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 c PLANNING COMMISSION RESOLUTION NO. 2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 40 LOT TENTATIVE TRACT MAP AND A 490 UNIT CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE DE LA VISTA, EAST OF ALICANTE ROAD. APPLICANT: DAON CORPORATION CASE NO.; CT 82-15/CP-212 WHEREAS, a verified application for certain property to wit: Parcel 2 of Parcel Map 11722 in the city of Carlsbad according to Document No. 81-322184 recorded on October 9, 1981. 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 25th day of August, 1982, 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 and Condominium Permit. 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 recommends APPROVAL of CT 82-15/CP-212, based on the following findings and subject to the following conditions: Findings 1) The project is consistent with the city's General Plan since the proposed density of 12.5 du's/acre is within the density range of 10-20 du's/acre specified for the site as indicated on the Land Use Element of the General Plan. 2) The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) 4) 5) 6) 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, insured 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, 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) Park-in-lieu fees are required as a condition of approval. 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) School fees will be paid to ensure the availability of school facilities. f) Assurances have been given that adequate sewer for the project will be provided by the Leucadia County Water District. The proposed project is compatible with the surrounding existing and future land uses since surrounding properties are designated for residential development on the General Plan. A Conditional Negative Declaration has been issued by the Land Use Planning Manager on August 9, 1982 and approved by the Planning Commission on August 25, 1982. This project complies with the Planned Development Ordinance and is consistent with the Design Guidelines Manual. Conditions: — D Approval is granted for CT 82-15/CP-212, as shown on Exhibit(s) "A" through "O", dated August 5, 1982, and Exhibit "P", dated June 25, 1982, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. PC RESO NO. 2013 -2- 1 2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. ._- 3) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 4) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated June 21, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 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) 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. Land Use Planning Office 7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 8) The applicant shall establish a homeowner's association and1 corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Land Use Planning Office prior to final map approval. 9) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. Said landscape plan shall indicate special treatment within and between the buildings contained within the hillside units and along Corte de la Vista to screen the parking structures from this street. 10) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. PC RESO NO. 2013 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11) A detailed plan of the private recreation areas of the trails and split level units shall be submitted to and approved by the Land Use Planning Manager prior to the recordation of the final map. 12) The garage structures for the Trails Units shall be set back a minimum of 51 from the private driveways. 13) 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 Land Use Planning Office prior to installation of such signs. 14) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded.from view and the sound buffered from adjacent properties and streets to the satisfaction of the Land Use Planning Manager and Building and Planning Director. 15) The applicant shall submit a street name list consistent with the city's street name policy subject to the Land Use Planning Manager's approval prior to final map approval. 16) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. 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 Land Use Planning Manager and North County Transit District. 17) Approval of Tentative Tract No. CT 82-15/CP-212 is granted subject to approval of Zone Change 262. 18) 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. 19) Notification shall be given to the residents in the project located adjacent to the off-site grading disposal site prior to the start of hauling operations. This notice shall be given, at least 30 days prior to the start of operations and shall contain the name of a contact person to contact in case of complaints or violation of off-site grading conditions. 20) All grading equipment shall be maintained in top operating condition with adequate mufflers to mitigate noise impacts. -4-PC RESO NO. 2013 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21) The off-site grading operation shall not be conducted during Santa Ana conditions or conditions of high winds from an easterly direction from the site toward existing residences* 22) The grading operation shall not be conducted onTweekends or holidays. 23) The City Engineer and/or the Land Use Planning Manager shall have the authority to shut down the off-site grading operation should the grading contractor not fulfill any of the conditions contained herein. The applicant shall have the grading contractor sign an acknowledgement of the conditions. During any time that the operation is shut down pursuant to this condition, the applicant shall do whatever erosion control mechanisms are deemed necessary by the City Engineer. Engineering Department 24) The developer shall obtain a grading permit prior to the com- mencement of any clearing or grading of the site. 25) 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 insure 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. 26) Upon completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. 27) No Grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. 28) Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- • neer. 29) All land and/or easements required by this project shall be granted to the city, without cost to the city, free and clear of all liens and encumberances. -5-PC RESO NO. 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30) Except as shown on the tentative tract map (Exhibit 'A'), direct access rights for all lots abutting Alicante Road and Corte de la Vista shall be waived on the final map. 31) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards (La Costa Standards). 32) 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. 33) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 34) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 35) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 36) The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final ... map. The structural section of all private streets shall conform to 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 fees shall be paid prior to approval of the final map. 37) All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This responsibility shall be clearly stated in the CC&R's. 38) All concrete terrace drains shall be maintained by the home- owner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot) in perpetuity. An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's. 39) The developer shall insure that there is stringent dust control at all times and that the adjacent public streets are cleaned of dirt and debris daily during all phases of the grading and construction activities. 40) The developer shall install and maintain a temporary irrigation system on the off-site fill area until such time as the city Engineer has determined that the hydroseed landscaping has been established. PC RESO NO. 2013 -6- 7 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41) The developer shall post a cash bond with the City to ensure the replacement and/or repair of the public street section at the locations where the off-site grading haul road crosses public streets. 42) The developer shall conduct the grading haul operations only between the hours of 7:30 AM and 4:00 PM and shall provide adequate flagman control at all times at the haul route crossings of public streets. 43) The off-site grading operation shall be accomplished in one operation. No grading shall be allowed during weekends or holidays, during Santa Anas or conditions of high winds or during the rainy season (Nov. 16 to April 15). 44) After the grading operations are complete all off-site grading areas and haul routes shall be restored as near as possible to the existing conditions. 45) Prior to the start of the off-site filling operation the developer shall install a temporary desiltation basin at the low end of the drainage course adjacent to the proposed fill site. The developer shall enter into the city's standard secured maintenance agreement prior to the issuance of a grading permit. 46) Prior to the approval of the final map the developer shall - submit a detailed parking layout for the City Engineer's review and approval. Should the layout be found deficient the developer shall modify the design to the satisfaction of the City Engineer and the Land Use Planning Manager. 47) Prior to the approval of the final map the developer shall provide for the installation of the North half of Alga Road from Alicante Road to El Camino Real. The road shall be constructed prior to occupancy of the one hundred and first unit of the project. 48) Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council. Fire Department 49) Additional public and/or on-site fire hydrants are required. 50) Submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on-site roads and 51) drives. , An all weather access road shall be maintained throughout construction. PC RESO NO. 2013 -7- 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 52) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 53) Any proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. 54) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane. Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 55) 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. 56) The developer shall provide a system of addressing or building identification as approved by the Fire Chief. Parks and Recreation 57) Street trees to be planted 12 feet back from curb and species to be approved by the Parks and Recreation Department. 58) Open space area to be hydroseeded with native drought tolerant seed mix and prepared before seeding. 59) Detailed landscape and irrigation plan is required for Parks and Recreation Department approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 25th day of August, 1982, by the following vote, to wit: AYES: Commissioners Marcus, Friestedt, Jose NOES: Commissioners Rombotis, Rawlins ABSENT: Chairman Farrow, Commissioner Schlehuber ABSTAIN: None MARY MARCOS, Pro Tern, Chairman CARLSBAD PLANNING COMMISSION ATTEST: CHAEL J. R€4,ZMTLLp}r, Secretary CARLSBAD PLANNING COMMISSION PC RESO NO. 2013 -8- 1 2 3 4 5 e! 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-1-10,000 TO RD-M ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE DE LA VISTA EAST OF ALICANTE ROAD. APPLICANT: DAON CORPORATION CASE NO; ZC-262 WHEREAS, a verified application for certain prgperty, to Parcel 2 of Parcel Map 11722 in the city of Carlsbad according to Document No. 81-322184 recorded on October 9, 1981 has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, the Planning Commission did on the 25th day of August, 1982, 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 Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZC-262, based on the following findings and subject to the following conditions: Findings; 1) The proposed zone change to RD-M is consistent with the General Plan designation of RMH (10-20 du's/acre). 2) Uses allowed in the RD-M zone are compatible with surrounding properties since the property to the west and east has been designated for residential purposes at a similar density and the La Costa Golf Course is located to the south. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Per- formance of that contract and payment of the fee will enable this body to find that public facilities will b'e available concurrent with need as required by the General Plan. 4) The proposed change of zone is consistent with all other elements of the General Plan. 5) A Conditional Negative Declaration has been issued by the Land Use Planning Manager on August 9, 1982, and approved by the Planning Commission on August 25, 1982. Conditions 1) Approval is granted for ZC-262, as shown on Exhibit "X", dated August 25, 1982, incorporated by reference and on file in the Land Use Planning Office. 2) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated June 21, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval of this project shall be void. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on th< 25th day of August, 1982, by the following vote, to wit: AYES: Commissioners Marcus, Jose, Friestedt NOES: Commissioners Rombotis, Rawlins ABSENT: Chairman Farrow, Commissioner Schlehuber ABSTAIN: None MARY MARCUS, Pro Tern, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. ffOL'ZMIL^pR, Secretary CARLSBAD PLANNING COMMISSION PC RESO NO. 2014 -2- Q en .j O is. H ~°o i £ a z a 5 " S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 i 15 d 16 17 18 19 20 21 22 23 24 25 26 27 28 W ORDINANCE NO. 9648 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-262) FROM R-1-10,000 TO RDM ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CORTE DE LA VISTA, EAST OF ALICANTE ROAD. DAON CORPORATION: ZC-2_62/CT_g_2-_T_5/C_P-_212_. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone (ZC-262) from R-1-10,000 to RDM on property as shown on the map marked ZC-262 - Exhibit he attached hereto and made a part hereof. SECTION 2: This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979 and amended on April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated June 21, 1982,, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. Said fees shall be paid based on the April 2f 1982 version of Policy No. 17. *H ( , O§ 2 8* CC oj E- ^ O1° <° u- n 5i ° i 1o > > o5o 5:3• i ^J w O £ uj g Q- O CC - co|g 3 > K CC >• °1- O t S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C • '^ EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption? and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of r 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 19 , by the following vote, to wit: AYES : NOES: ABSENT: MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 2.