HomeMy WebLinkAbout1986-06-03; City Council; 8632-1; APPROVAL OF A 36 LOT | 35 UNIT TENTATIVE TRACT MAP AND LA COSTA DEVELOPMENT PERMIT FOR NEIGHBORHOOD SE-10 OF THE LA COSTA MASTER PLAN CT 85-21 | LCDP 85-3 - PARK VIEW EASTp
3 CI~F CARLSBAD - AGEND~ILL 77 ?*
If Council concurs your action is to adopt Resolution No. _8? approving CT 85-21/LCDP 85-3.
ITEM EXPLANATION
The City Council at their meeting of May 20, 1986 directed tl
City Attorney to prepare documents approving CT 85-21/LCDP 8!
The resolution attached carries forward the conditions of apy
as recommended by the Planning Commission in Resolution No. : and as discussed in the memorandum from the Planning Directoi dated May 7, 1986 to reflect a recently adopted Council ordir regarding the La Costa traffic fee and the increased public f
Resolution No. f-7 , approving CT 85-21/LCDP 85-3.
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RESOLUTION NO. 8593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP (CT 85-21) AND LA COSTA DEVELOPMENT PERMIT
(LCDP 85-3) FOR A 36 LOT/35 UNIT SUBDIVISION
ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF MISION ESTANCIA APPROXIMATELY 280 FEET SOUTH
OF LA COSTA AVENUE.
APPLICANT: PARK VIEW EAST
CASE NO: CT 85-211LCDP 85-3
WHEREAS, on April 23, 1986 the Carlsbad Planninc
Commission adopted Resolution No. 2552 recommending to thf
Council that Tentative Tract Map (CT 85-21) and La Costa
Development Permit (LCDP 85-3) be approved: and
WHEREAS, the City Council of the City of Carlsbac
May 20, 1986 held public hearings to consider the recommei
and heard all persons interested in or opposed to Tentatil
Map (CT 85-21) and La Costa Development Permit (LCDP 85-3
WHEREAS, said Tentative Tract Map and Developmeni
have been declared to have a nonsignificant impact on the
environment and a Negative Declaration dated November 27,
was prepared and filed on April 23, 1986 in compliance wi
requirements of the City of Carlsbad Environmental Protec'
Ordinance of 1980 and the California Environmental Qualit;
NOW, THEREFORE, BE IT RESOLVED by the City Counc
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the City of Carlsbad, California as follows:
A. That the above recitations are true and corrc
B. That the findings of the Planning Commission
Resolution No. 2552 constitute the findinus of the City C
in this matter with the addition of the followinq:
1. Finding (3)(e) is amended to read as fol
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"(3)(e) The applicant has agreed and is required
inclusion of an appropriate condition to pay a public faci fee pursuant to City Council Policy No. 17, and other deve fees which the Council may adopt pursuant to Ordinance No. Performance of the agreements and payment of the public
facilities fee and any other development fees as may be ad by City Council ordinance or resolution enables this body
that public facilities will be available concurrent with r required by the General Plan."
2. Finding 8 is added to read as follows:
"8. The applicant has complied with or is requii
as a condition of this approval to comply with all provis:
City Council Ordinance No. 9791 and with any development management system or public facilities phasing plans whicl: subsequently be adopted by the City Council."
C. That said Tentative Tract Map, together with
provisions for its design and improvement and subject to
conditions of this resolution, is consistent with all app
general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map CT 85-21 and La Cos
Development Permit LCDP 85-3 are hereby approved subject
applicable requirements of the Carlsbad Municipal Code anc
satisfaction of the conditions contained in Planning Comm
Resolution No. 2552 dated April 23, 1986 marked Exhibit A
attached hereto and made a part hereof, with the exceptio
following:
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1. Condition No. 3 is amended to read as follow
"3. This project is approved under the express
condition that the applicant pay the public facilities fe adopted by the City Council on April 22, 1986 and any dev
fees established by the City Council pursuant to Ordinanc 9791 or subsequent ordinance adopted to implement a growt
development management system or public facilities phasin
and to fulfill the subdivider's agreement to pay the pub1 facilities fee dated June 24, 1985 a copy of which is on with the City Clerk and is incorporated by this reference the fees are not paid this application will not be consis
with the General Plan and approval for this project shall void. 'I
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2. Condition No. 3A is added to read as follows:
"3A. No final map shall be approved for this subdivision unless at the time of the final map approval t subdivider has complied with the provisions of City Counci Ordinance No. 9791 or any subsequent ordinance adopted by
City Council to implement a growth or development manageme
system or public facilities phasing plan for the City or (
growth or development management system or regulation whic be adopted by popular vote of the citizens of Carlsbad."
3, Condition No, 28 is deleted,
PASSED, APPROVED, AND ADOPTED at a regular meetir
the City Council of the City of Carlsbad, California on tk
3rd day Of June , 1986 by the following vote, to wi
AYES: Council Members Casler, Lewis, Kulchin and Chick
NOES : Council Member Pettine
ABSENT: None
Y-dL
MARY H. ASLER, Mayor
ATTEST :
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ALETHA L. RAUTENKRANZ, City clerk
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PLANNING COMMISSION RESOLUTION NO. 2552
A RESOLUTION OF THE PLANNING COMMISSION OF THE C1
CARLSBAD, CALIFORNIA, APPROVING a 36 LOT TEMTAT'I\ MAP AND 35 UNIT LA COSTA DEVELOPMENT PERMIT ON PI
GENERALLY LOCATED ON THE WEST SIDE OF MISION EST2
APPROXIMATELY 280 FEET SOUTH OF LA COSTA AVENUE. APPLICANT: PARK VIEW EAST
CASE! NO: CT 85-211LCDP 85-3
WHEREAS, a verified application for certain propc
wit:
Parcel 4 of Parcel Map No. 13524, City of Carlsbz County of San Diego, State of California,
has been filed with the City of Carlsbad, and referred to
Planning Commission; and
WHEREAS, said verified application Constitutes a
as provided by Title 21 of the Carlsbad Municipal Code: ax
WHEREAS, the Planning Commission did, on the 23rc
April, 1986, hold a duly noticed public hearing as prescri
by law, to consider said request; and
WHEREAS, at said public hearing, upon hearing anc
considering all testimony and arguments, if any, of all ~x
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar I Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public he:
the Commission hereby APPROVES CT-85-21/LCDP 85-3, bz the following findings and subject to the following
conditions: I
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Findings:
1) The project is consistent with the City's General Pl(
the proposed density of 4.4 du's/acre is within the 1
range of 4-8 du's/acre specified for the site as ind on the Land Use Element of the General Plan.
The site is physically suitable for the type and den:
the development since the site is adequate in size ai to accommodate residential development at the densit; posed .
The project is consistent with all City public facil icies and ordinances since:
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a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured tl final map will not be approved unless the City Cc
finds that sewer service is available to serve tl project. In addition, the Planning Commission h, condition that a note shall be placed on the fin, that building permits may not be issued for the 1
unless the City Engineer determines that sewer s( available, and building cannot occur within the 1 unless sewer service remains available, and the 1
Commission is satisfied that the requirements of Public Facilities Element of the General Plan ha7 met insofar as they apply to sewer service for tl
project.
b) School fees will be paid to ensure the availabil school facilities in the San Dieguito School Dis'
Also an existing school agreement between the La
ensure adequacy of elementary school facilities.
The dedication of park land or the payment of pa lieu fees pursuant to the La Costa Parks Agreemei
Land Company and the Encinitas School District w 1
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I I d) All necessary public improvements have been prov will be required as conditions of approval.
e) The applicant has agreed and is required by the of an appropriate condition to pay a public faci
fee. Performance of that contract and payment o will enable this body to find that public facili' be available concurrent with need as required by j General Plan.
f) Assurances have been given that adequate sewer fc project will be provided by the Leucadia Water D
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4) The proposed project is consistent with the developmc standards and regulations of the La Costa Master Plai City's Planned Development Ordinance and also complic the Design Guidelines Manual.
The proposed project is compatible with the surround future land uses since surrounding properties are der
for residential development and open space on the Gel Plan.
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6) This project will not cause any significant environmt impacts and a Negative Declaration has been issued b! Planning Director on November 27, 1985 and approved 1 Planning Commission on April 23, 1986.
7) This project requires the construction of the improvt
facilities listed in the conditions of approval or tl payment of fees in lieu of construction. This projec creates a direct need for the improvements or facilii the reasons stated in the staff report. If the imprc or facilities are not provided, the project will crez unmitigated burden on existing improvements and facil
Further, the improvements and facilities are necessal provide safe, adequate and appropriate service to fut
residents of the project consistent with City goals, and plans.
Conditions:
1) Approval is granted for CT 85-21/LCDP 85-3, as shown
Exhibits "A" - "G", dated December 6, 1985, incorpor: reference and on file in the Planning Department. Development shall occur substantially as shown unless
I otherwise noted in these conditions.
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1 2) This project is approved upon the express condition t ,i final map shall not be approved unless the City Counc as of the time of such approval that sewer service is
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This project is approved upon the express condition t applicant shall pay a public facilities fee as requir City Council Policy No. 171 dated April 2, 1982, on f
the City Clerk and incorporated herein by reference,
payment of said fee, a copy of that agreement, dated
1985, is on file with the City Clerk and incorporated by reference. If said fee is not paid as promised, t application will not be consistent with the General P approval for this project shall be void.
4) The applicant shall dedicate land to be located in St
Coach Park pursuant to the existing parks agreement b Daon and the City of Carlsbad.
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according to the agreement executed by the applicant
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Prior to the issuance of a grading permit, the applicl
coordinate design and construction regarding drainage walkway improvements with the Stage Coach Park develo
plan.
School District to mitigate conditions of overcrowdinc
of the building permit application. These fees shall on the fee schedule in effect at the time of building application. Also, the applicant shall comply with t
requirements of the existing school agreement between Costa Land Company and the Encinitas School District.
sections of the Zoning Ordinance, the La Costa Master and all other applicable City ordinances in effect at
building permit issuance.
Water shall be provided by the Olivenhain Municipal W District.
9) The applicant shall prepare a 24"x36" reproducible my
the final site plan incorporating *the conditions cont herein. Said site plan shall be submitted to and app the Planning Director prior to the issuance of buildi
permits.
10) The applicant shall establish a homeowner's associati
corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Plan Director prior to final map approval.
tion plan which shall be submitted to and approved by Planning Director prior to the issuance of grading or
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6) The applicant shall provide school fees to the San Dit
7) Approval of this request shall not excuse compliance
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11) The applicant shall prepare a detailed landscape and 1 i 1, permits, whichever occurs first.
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'12) A 500' scale map of the subdivision shall be submitte I Planning Director prior to the recordation of the fin
to the project.
I Said map shall show all lots and streets within and a1
13) All landscaped areas shall be maintained in a healthy thriving condition, free from weeds, trash, and debri
Any signs proposed for this development shall be desi
conformance with the City's Sign Ordinance and shall review and approval of the Planning Director prior to
15) All roof appurtenances, including air conditioners, s
architecturally integrated and concealed from view an sound buffered from adjacent properties and streets,
to Building Department Policy No. 80-6, to the satisf the Planning and Building Directors.
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1 14) i installation of such signs. I
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16) The applicant shall submit a street name list consist
the City's street name policy subject to the Planning Director's approval prior to final map approval.
17) The pr.oject shall provide bus stop facilities at loca
subject to the satisfaction of the North County Trans
trict. Said facilities ahall at a minimum include a free from advertising, and a pole for the bus stop si
bench and pole shall be designed in a manner so as to detract from the basic architectural theme of the pro
said design shall be subject to the approval of the P Director and North County Transit District.
18) The developer shall display a current Zoning and Land in the sales office at all times, and/or suitable alt to the satisfaction of the Planning Director .
All sales maps that are distributed or made available
public shall include but not be limited to trails, fui existing schools, parks, and streets.
20) Building identification and/or addresses shall be plac all new and existing buildings so as to be plainly vi! from the street or access road; color of identificatic addresses shall contrast to their background color.
Prior to occupancy of any units, the applicant shall (
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of this sign shall be approved by the Planning Directc
22) If any condition for construction of any public impro7
or facilities, or the payment of any fees in lieu the] imposed by this approval or imposed by law on this prc challenged, this approval shall be suspended as provic
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I to the Homeowner's Association for maintenance of 2.5: or greater along the rear of lots 1-14. The aforement
slopes shall be maintained by the Homeowner's Associat
24) Prior to the issuance of any building permits, the app shall submit detailed cross sections of the pedestrian
for approval by the Planning Director.
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26) Prior to the issuance of building permits, the applic
shall be required to submit to the satisfaction of th Planning Director, a noise analysis for all units frc
on Mision Estancia.
27) CC&R's shall contain a provision prohibiting the park storage of recreational vehicles onsite. In addition
location of a permanent RV storage facility in the La area.
applicant shall participate in the design, funding, a
28) Prior to final map approval, a traffic study shall be prepared to determine the extent of impacts that this will have on major streets in the La Costa area, incl Costa Avenue from El Camino Real to Interstate 5. Th
shall determine a solution to these impacts and the a
shall agree to perform or to participate in the solut determined by the City Council. No units shall be oc in this subdivision until traffic impacts have been mitigated to the satisfaction of the City Council. T studies which are now being conducted by the City may to satisfy this condition if they are completed prior applicant requesting approval of a final map.
Engineering Conditions:
Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordina
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I unless a letter of permission is obtained from the OWI
32) All slopes within this project shall be no steeper thz
33) Prior to hauling dirt or construction materials to anj proposed construction site within this project the de7
shall submit to and receive approval from the City En(
for the proposed haul route. The developer shall corn1
all conditions and requirements the City Engineer may
with regards to the hauling operation.
the affected properties.
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34) The developer shall exercise special care during the construction phase of this project to prevent any ofl
siltation. The developer shall provide erosion conti measures and shall construct temporary desiltation/de basins of type, size and Location as approved by the
Engineer. The basins and erosion control measures sk shown and specified on the grading plan and shall he
constructed to the satisfaction of the City Engineer
the start of any other grading operations. Prior to
removal of any basins or facilities so constructed tt- served shall be protected by additional drainage faci
slope erosion control measures and other methods requ
approved by the City Engineer. The developer shall IT the temporary basins and erosion control measures for of time satisfactory to the City Engineer and shall g their maintenance and satisfactory performance throug deposit and bonding in amounts and types suitable to
Engineer.
final map recordation. 35) No grading permits will be issued for this project pr
36) Additional drainage easements and drainage structures
Department of Sanitation and Flood Control or the Cit
neer.
37) The developer shall pay the current local drainage arc prior to approval of the final map for this project o construct drainage systems in conformance with the Ma: Drainage Plan and City of Carlsbad Standards as requi' the City Engineer.
38) The proposed storm drain system from Mision Estancia, specifically not approved. The developer shall bore 1 Mision Estancia at Via Calendo and connect to the uppt of this system. The lower reach shall be plugged and I abandoned. Specific alignment of this storm drain sh: in Street "A", "CR and "D" or as approved by the City 1 Engineer.
The owner of the subject property shall execute a hole harmless agreement regarding drainage across the adjac property prior to approval of the final map for this E
40) The developer shall make an offer of dedication to the for all public streets and easements required by these
conditions or shown on the tentative map. All land sc shall be granted to the City free and clear of all lie
encumbrances and without cost to the City. Streets tk already public are not required to be rededicated.
Estancia shall be waived on the final map.
provided or installed as may be required by the Count
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41) Direct access rights for all lots abutting Mision
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42) Street "An shall be 36 feet wide from curb to curb. Streets"", "C" and "D" shall be 26 feet wide from CU to curb. All streets shall have (five foot) wide sid along both sides of the streets. There shall be a mi
distance of two feet behind face of curb before slope encroachment. The horizontal and vertical alignment 1 proposed streets shall comply with minimum standards
de-sac streets (except widths as mentioned above).
the west side of Mision Estancia adjacent to this pro
This guardrail shall be sufficient in size to deflect vehicle travelling 40 mph. away from homes below.
44) Plans, specifications, and supporting documents for a improvements shall be prepared to the satisfaction of Engineer. Prior to approval of the final map, the SUI
shall install, or agree to install and secure with apl
tentative map and the following improvements to City I to the satisfaction of the City Engineer:
A) The guardrail mentioned previously.
B) All streets shown on the tentative map to serve tl
C) All sewer, water, stormdrain, and public utilitie:
D) Rip-rap slope protection along the rear of this
43) The developer shall design and construct a guardrail
security as provided by law, improvements shown on thl
subdivision .
serve this subdivision.
subdivision (4-5 ton class).
45) Improvements listed above shall be constructed within months of final map approval and/or improvement plan i
46) Unless a standards variance has been issued, no variat
City Standards is authorized by virtue of approval of
. whichever occurs first.
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The developer shall construct private street accesses public streets in such a way as to clearly designate t private streets are not a portion of the public street
The developer shall place a plaque-type sign with the
"PRIVATE STREET BEYOND THIS POINT", at the access poir private streets from public streets. The script on tk shown above shall be capital letters of a size and cor such as to be readable for a normally sighted person i distance of 20 feet. The provisions of this conditior
be met to the satisfaction of the City Engineer prior issuance of a Certificate of Occupancy for any portion project .
48) The developer shall install street lights along all pu
private street frontages in conformance with City of C
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Standards.
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49) The developer shall install street trees at the equic
IO-fOOt intervals along all public street frontages j
conformance with City of Carlsbad Standards. The trc be of a variety selected from the approved Street Tre
50) The developer shall install sidewalks along all publi
frontages in conformance with City of Carlsbad Standa
to occupancy of any buildings.
51) The developer shall install a wheelchair ramp at the street corner abutting the subdivision in conformance
City of Carlsbad Standards prior to occupancy of any ings.
52) The developer shall comply with all the rules, regula
design requirements of the respective sewer and water regarding services to the project.
53) This subdivision shall be constructed entirely in one
54) The design of all private streets and drainage system be approved by the City Engineer prior to approval of final map for this project. The structural section o private streets shall conform to City of Carlsbad Sta based on R-value tests. All private streets and drai
systems shall be inspected by the City, and the stand improvement plan check and inspection fees shall be p- to approval of the final map for this project.
55) All private streets and drainage systems shall be mair by the homeowner’s association in perpetuity. This rt sibility shall be clearly stated in the CCS~R~S.
56) The Subdivider shall provide separate sewer, water, gi electric services with meters to each of the units.
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Engineer in responsible charge of the work. Each she€
be signed and sealed, except that bound documents may signed and sealed on their first page. Additionally, first sheet of each set of plans shall have the follok
1 1 certificate:
“DECLARATION OF RESPONSIBLE CHARGE”
I hereby declare that I am the Engineer of Work for th
project, that I have exercised responsible charge over design of the project as defined in Section 6703 of th Business and Professions Code, and that the design is I consistent with current standards.
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I understand that the check of project drawings and specifications by the City of Carlsbad is confined tc
only and does not relieve me, as Engineer of Work, oi responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address :
City, St.:
Telephone:
BY Date : - (Name of Engineer)
R.C.E. NO. #
Prior to recordation of any final map for this develc approval of any grading or building permits for this
the owner shall give written consent to the annexatio area shown within the boundaries of the tentative map
existing City of Carlsbad Street Lighting and Landsca District No. 1.
Approval of this tentative tract map shall expire twe months from the date of City Council approval unless map is recorded. An extension may be requested by th applicant. Said extension shall be approved or deniel
discretion of the City Council. In approving an exte the City Council may impose new conditions and may re existing conditions .
60) The City Council has determined that in order to accor
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the traffic on Rancho Santa Fe Road, the developer of
in this area must be responsible for the improvement (
Santa Fe Road from La Costa Avenue to the existing Me1 Drive intersection. Prior to final map approval the c shall submit a proposal satisfactory to the City Count such improvements. The proposal shall be based on inc
traffic analysis accomplished to the satisfaction of 1 Engineer. The proposal shall include a time schedule financing plan for the improvements which may include assessment district, developer financing, or some altt acceptable to the City Council. The construction and improvements must be assured either by confirmation of assessment district secured subdivision improvement ag or otherwise guaranteed to the satisfaction of the Cit
Council prior to final map approval.
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61) Before and as a condition of obtaining a final map, o development permit or site plan approval under Title Carlsbad Municipal Code, the subdivider shall enter i contract with the City whereby the subdivider covenan behalf of the subdivider and subdivider's succesCjors interest to the following :
a) Not opposing and consenting to the formation of a and major thoroughfare district for the southern l
the City.
area of the district in which this development is located.
b) Payment of the bridge and major thoroughfare fee
c) Payment of the traffic impact fee established purr Chapter 18.42 of the Carlsbad Municipal Code.
62) Building permits for this project shall not be issued the appliCank, as a condition of the building permit c
with the provisions of City Council and Ordinance No.
any subsequent ordinance or establishing a development management system, or public facilities financing or F programs as referenced in Ordinance No. 9791.
63) If, at time of issuance of building permits for this 1: a free right turn on Olivenhain Road at El Camino Real not exist, the developer shall provide for a minimum 3 long right turn lane at this intersection. This shall constructed prior to issuance of building permits.
provide a view corridor at the western end of the main to the project. /I Fire Department Conditions:
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64) The developer shall1 switch the recreation areaa with
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I 165) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
20;66) The applicant shall submit two (2) copies of a site plz showing locations of existing and proposed fire hydrant onsite roads and drives to the Fire Marshal for approvi
67) An all-weather access road shall be maintained through(
construction.
68) All required fire hydrants, water mains and appurtenanc shall be operational prior to combustible building mate
being located on the project site.
All private streets shall be kept clear of parked vehic at all times, and shall have posted "No Parking/Fire La Zone" pursuant to Section 17,040040, Carlsbad Muni
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70) Fire retardant roofs shall be required on all structu
71 ) Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Land
Guidelines Manual.
72) All fire alarm systems, fire hydrants, extinguishing
automatic sprinklers, and other systems pertinent to project shall be submitted to the Fire Department for prior to construction.
Parks and Recreation Department Conditions:
73) The sewer line shown entering the northeast portion Ol Stagecoach Park is specifically not a roved. Prior i approval of improvement/grading 'e final mag
this site, the applicant must receive approval from tk Director of Parks & Recreation for any encroachment of
utilities and easements through Stagecoach Park.
PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, he
the 23rd day of April, 1986, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: McBa
NOES : None.
ABSENT: Commissioner Smith,
Marcus, McFadden, Holmes and Hall.
ABSTAIN :
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19
i i CLARENCE SCHLEHUBER, Chairr
CARLSBAD PLANNING COMMISSIC
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PU&
i ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
PC RES0 NO. 2552 -12-