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HomeMy WebLinkAbout1983-09-28; Planning Commission; Resolution 21864 (. - 1 2 3 4 5 6 7 * @ PLANNING COMMISSION RESOLUTION NO. 21 86 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A 1d TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPEI GENERALLY LOCATED ON THE NORTH SIDE OF AGUA HEDIONDi BETWEEN 1-5 AND THE AT 6 SF RAILROAD, APPLICANT: WINDSONG SHORES CASE NO.: CT 83-4/CP-227 WHEREAS, a verified application for certain propert: wit: 8 9 Lot 5 of Carlsbad Tract 74-22 according to Map ther 8107 filed May 1, 1975 11 has been filed with the City of Carlsbad, and referred to th 10 11 12 13 14 Planning Commission; and WHEREAS, said verified application constitutes a re as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th d 15 16 17 18 19 20 21 22 23 24 25 September, 1983, hold a duly noticed public hearing as presc by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pers desiring to be heard, said Conmission considered all factors relating to the Tentative Tract Map and Condominium Permit. NOW, THEIZFORE, BE IT HEREBY RESOLVED by the Plannin Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence preser,ted at the public hear Commission recommends APPROVAL of CT 83-4/CP-227, based following findings and subject to the following conditi 26 I/ Findings: 27 1) The project is consistent with the City's general plan the overall density of the Windsong Shores development du's/acre is within the density range of 10-20 du's/acr 28 specified for the site as indicated on the land use el€ the general plan. ., e 1 2) 2 3 3) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4) The site is physically suitable for the type and density development since the site is adequate in size and shape accommodate residential development at the density propos The project is consistent with a11 City public facility 1 icies and ordinances since: a) The Planning Commission has, by inclusion of an apprc condition to this project, insured that the final mal not be approved unless the City Council finds that sc service is available to serve the project. In addit] the Planning Commission has added a condition that a shall be placed on the final map that building permil not be issued for the project unless the City Enginec determines that sewer service is available, and builc cannot occur within the project unless sewer service remains available, and the Planning Commission is sal that the requirements of the public facilities elemer the general plan have been met insofar as they apply sewer service for this project. b) The Carlsbad School District has written a letter, di February 25, 1983, stating that school facilities wi: available to this project. c) Park-in-lieu fees are required as a condition of appl d) All necessary public improvements have been provided will be required as conditions of approval. e) The applicant has agreed and is required by the incll of an appropriate condition to pay a public facilitic Performance of that contract and payment of the fee 1 enable this body to find that public facilities will available concurrent with need as required by the gel plan. The proposed project is consistent with the City's Planni Development Ordinance and also complies with the Design Guidelines Manual. 22 land uses since surrounding properties are designated fo residential development on the general plan. 23 5) The proposed project is compatible with the surrounding 24 25 26 27 28 PC RES0 NO. 2186 //// //// //// //// //// 2. I1 8, I! 0 0 1 6) That all significant impacts have been mitigated, the pro has been changed so as to mitigate these impacts, or soci impacts as described below: 2 economic factors exist which override these significant 3 A) Traffic Circulation 4 Impact: The proposed project will contribute to the for a traffic siqnal at the intersection of Jefferson 5 I1 Street and Tamarack Avenue 6 7 8 9 10 11 12 13 14 15 16 17 18 Mitigation: The applicant will be required to for and install a traffic signal at the interse of Jefferson Street and Tamarack Avenue when it warranted. E) Archaeology Impact: The project could destroy a significant archaeological site. Mitigation: A condition of the tentative map approval will require a detailed excavation and evaluation of the site. C) Noise Impact: Some of the units will be exposed to noise 1 in excess of 65 CNEL. Mitigation: Noise barriers will be constructed the decks. The interiors of the units will be heavily insulated. D) Visual Resources Impact: The proposed project will be highly visible Interstate 5 . Mitigation: The project has been designed to meander in and out towards the edge of the bluf the units closest to the bluff have been reducc height. 19 kond it ions : I7 2o 21 1) Approval is granted for CT 83-4/CP-227, as shown on Exhil: , dated February 23, 1953, incorporated by refel and on file in the Land Use Planning Office. Development occur substantially as shown unless otherwise noted in tl I' A" - I' K VI 22 conditions. 23 2) This project is approved upon the express condition that to serve the subdivision. 25 as of the time of such approval that sewer service is avi 24 final map shall not be approved unless the City Council j 26 3) This project is approved upon the express condition that building permits will not be issued for development of tl subject property unless the City Engineer determines thai 28 sewer permits and will continue to be available until til occupancy. This note shall be placed on the final map. 27 facilities are available at the time of application for I PC RES0 NO. 2186 3. 'a /I e * 1 2 4) 3 4 6 5 7 5) a 6) 9 10 11 12 7) 15 14 8) 13 17 16 19 18 9) I 20 21 10) 22 11) 23 25 24 27 26 28 12) 13) This project is approved upon the express condition that applicant shall pay a public facilities fee as required I Council Policy No. 17, dated April 2, 1982, on file with City Clerk and incorporated herein by reference, and accl to the agreement executed by the applicant for payment o fee, a copy of that agreement, dated February 17, 1983, file with the City Clerk and incorporated herein by refe. If said fee is not paid as promised, this application wi. be consistent with the General Plan and approval for thi: project shall be void. The applicant shall pay park-in-lieu fees to the City, p: the issuance of building permits as required by the Carl! Municipal Code. The applicant shall provide school fees to mitigate cond. of overcrowding as part of building permit application. I fees shall be based on the fee schedule in effect at the of building permit application. Approval of this request shall not excuse compliance wit1 sections of the Zoning Ordinance and all other applicable ordinances in effect at time of building permit issuance, The applicant shall prepare a reproducible mylar of the j site plan incorporating the conditions contained herein. site plan shall be submitted to and approved by the Land Planning Manager prior to the issuance of building permit The applicant shall establish a homeowner's association I corresponding covenants, conditions and restrictions. TI covenants, conditions and restrictions shall be sufficier implement the conditions of this approval. The City shal the right but not the obligation to enforce those covenar conditions and restrictions which implement any conditior this approval. Said CCstR's shall be submitted to and apy by the Land Use Planning Manager prior to final map apprc The applicant shall prepare a detailed landscape and irri plan which shall be submitted to and approved by the Land Planning Manager prior to the issuance of building permit Said plan shall include planting along the top of the slc for fire protection subject to the approval of the Fire C A 500' scale map of the subdivision shall be submitted tc Land Use Planning Manager prior to the recordation of the map. Said map shall show all lots and streets within and adjacent to the project. A master plan of the existing on site trees shall be prov to the Land Use Planning Manager as part of the final gra plan to determine which trees shall be required prior to issuance of a grading permit or a building permit, whiche occurs first . All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. obligation shall be clearly stated in the CChR's. I/?C RES0 NO. 2 186 4. '. e e 1 14) Any signs proposed for this development shall be designc conformance with the City's Sign Ordinance. The design 2 3 location of any signs, including temporary subdivision s Manager prior to the issuance of buildifig permits, shall require review and a.pprova1 of the Land Use Plannj 4 5 6 7 8 9 10 11 12 15) Trash receptacle areas shall be enclosed by a six-foot 1 masonry wall with gates pursuant to City standards. Loc of said receptacles shall be approved by the Land Use P: Manager. 16) Approval of Tentative Tract No, CT 83-4/CP-227 is grantt subject to approval of Special Use Permit 8, 17) The design and location of the proposed public trail syc and observation deck shall be subject to the approval 0: Land Use Planning Manager, City Engineer and Department Fish and Game. The trail and observation deck shall be completed to the satisfaction of the Land Use Planning F prior to occupancy of any units. 18) No building shall exceed a height of 35 feet as defined City's definition of building height, 13 19) Prior to issuance of building permits, the applicant shz unit will have at least 392 cubic feet of storaqe area t 14 submit a detailed plan of the storage areas showing that 15 ll - satisfaction of the Land Use Planning Manager. 20) The balconies as well as the livable portions of all un: 16 shall be setback at least 25 feet from the edge of the I 17' 21 ) Prior to issuance of a grading permit, the applicant shi perform the following archaeological survey work at sitc 3.8 131 to the satisfaction of the Land Use Planning Manage] 19 I 2o I A) Perform a systematic posthole series on the site to determine the exact vertical and horizontal extent t site. 21 22 23 24 25 B) Conduct a five percent test excavation manually at t site employing a research design which will allow nc valid scientific information to be generated as a rc of the work. The units should be selected at randon C) Conduct Carbon-14 age dating on the site. D) Conduct palynological studies. E) Prepare an analysis for the scientific community, 26 22) Prior to the issuance of building permits, the applicanl 27 submit to the Land Use Planning Manager for review and of Harbor Drive. as bike racks, benches and drinking fountains at the tel 28 approval, detailed landscape plans indicating facilitier PC RES0 NO. 2186 5. ,. e a 1 2 3 4 5 23) Prior to issuance of building permits, the applicant shal submit plans for a uniform signing program which clearly identifies all public access areas, 24) The public access easement shall be rededicated with the recordation of the final map to be consistent with the alignment of the proposed walkways and vista points. 25) 6 7 8 9 10 Private patios and balconies on units that face the free\ and the railroad shall be provided with noise mitgation j form of a patio noise barrier. The noise barrier shall 1: solid structure with no holes or cracks having a surface density of 4 pounds per square foot or greater. The barr shall completely shield all line of sight with the noise source and have a top elevation 6 feet above the finishei floor elevation of the patio. If views are to be preserv glass panes (1/4 inch tempered) can serve as the top port of the barrier. 11 26) Prior to issuance of a building permit, the Building Dire At that time, any additional measures (thicker glazing, E the State of California interior noise standard of 45 CNE 12 shall review the architectural plans to ensure compliance 13 absorption material, or sheilding of vents) to further attenuate the noise to acceptable level shall be required 14 27) Prior to recordation of the final map, the applicant shal 15 submit a revised site plan showing a 60 foot separation b 16 the buildings located adjacent to the pedestrian walkway extends from Harbor Drive to the lagoon. This separation be subject to the approval of the Land Use Planning Manag units throughout the project. No grading shall be started or planned to extend into the November to April rainy season, 17 shall be accomplished by reducing the square footage of t 18 19 f8) 20 29) The portion of the public trail system located on the slo adjacent to Aqua hedionda Lagoon shall be constructed by bulldozers shall be allowed on the slope. 21 manual labor only. No heavy equipment, i.e., trucks or 22 30) The applicant shall install a wrought iron fence along th 23 northern property line where it adjoins the single family 24 25 26 commencement of any clearing or grading of the site. 27 Grading shall be performed under the observation of a civ 28 32) The grading for this project is defined as “controlled gr residences which front on Harbor Drive. Engineering Department 31) The developer shall obtain a grading permit prior to the by Section 11.06.170(a) of the Carlsbad Municipal Code. PC RES0 NO. 2186 6. i 1, I 1 0 2 3 4 5 6 7 a 9 10 11 33) 34) 35) engineer whose responsibility it shall ble to coordinate I inspection and testing to insure compliance of the work 1 the approved grading plan, submit required reports to thc Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. No grading shall occur outside the limits of the subdivi: unless a letter of permission is obtained from the owner: the affected properties. Prior to the issuance of a grading permit, the haul rout( be submitted for review and approved by the City Engineel separate grading plan shall be submitted and approved an< separate grading permit issued for the blorrow or disposal if located within the city limits. Additional drainage easements and draina.ge structures sh; provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Er neer. 12 36) Land for all public streets and easements shown on the tc granted to city free and clear of all liens and encumbrax 13 tative map shall be dedicated on the final map and shall 14 37) All land and/or easements required by this project shall 15 of all liens and encumbrances. granted to the City, without cost to the City, free and c 16 38) Direct vehicular access rights for all lots abutting Hart Drive shall be waived on the final map. 17 39) The applicant shall install curb and gutter on Harbor Drj 18 along his frontage to match the existing curb and gutter. The applicant shall demonstrate to the City Engineer that access rights to Chinquapin Avenue have been recorded wit 20 County Recorder guaranteeing access through the existing development to the north prior to approval of the final n 21 41) The developer shall install street lights along all publj l9 p"' I 22 private street frontages in conformance with City of Carl ~ 23 Ii Standards. 42) The developer shall install sidewalks along all public st 24 25 frontages in conformance with City of Carlsbad Standards 43) The developer shall comply with all the rules, regulation 26 design requirements of the respective sewer and water age 27 28 44) The design of all private streets and drainage systems sh approved by the City Engineer prior to the issuance of a building permit. The structural section of all private E to occupancy of any buildings. regarding services to the project. PC RES0 NO. 2186 7. *, * + e e 1 2 3 4 5 61 shall conform to City of Carlsbad Standards based on R-va tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan and inspection fees shall be paid prior to the issuance c building permit. 45) All private streets and drainage systems shall be maintai the homeowner's association in perpetuity. This responsi shall be clearly stated in the CC&Rts. 1 7 46) Approval of this tentative tract map shall expire twenty- months from the date of City Council approval unless a fi map is recorded. An extension may be requested by the discretion of the City Council. In approving an extensio conditions. a City Council may impose new conditions and may revise exi 9 applicant. Said extension shall be approved or denied at 10 11 - ?ire Department 47) Prior to the issuance of building permits, complete build 12 plans shall be submitted to and approved by the Fire Department. 13 14 quired if deemed necessary by the Fire Marshall. 48) Additional public and/or on site fire hydrants shall be r 15 16 17 18 2 1 9) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants site roads and drives subject to the approval of the Fire Marshall. 0) An all weather access road shall be maintained throughout construction. 19 b1) All required fire hydrants, water mains and appurtenances be operational prior to combustible building materials be 20 located on the project site. 21!j2) All private driveways shall be kept clear of parked vehic all times, and shall have posted "NO Parking/Fire Lane To 22 Zone" pursuant to Section 17.04.040, Carlsbad Municipal C 23rj3) 25 project shall be submitted to the Fire Department for app. 24 All fire alarm systems, fire hydrants, extinguishing syst 54) Building exceeding 10,000 sq.ft. aggregate floor area sha: 26 sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. 27 less) areas. 28 55) Standpipes for firefighting purposes, shall be provided a: automatic sprinklers, and other systems pertinent to the prior to construction. required by the Fire Chief. I?C RES0 NO. 2186 8. ,’ f .. 4 3 e e 2. I1 PASSED, APPROVED AND ADOPTED at a regular meeting Of 2 3 Planning Commission of the City of Carlsbad, California, held the 28th day of September, 1983, by the following vote, to wi 4 5 AYES: Chairman Schlehuber, Commissioners Marcus, NOES: None. Lyttleton and Rawlins. 6 7 ABSENT: Commissioners Rombotis and Friestedt. ABSTAIN: Commissioner Farrow. 8 9 10 & Q ,&l+L!aLd CLARENCE SCHLEHUBER, Chairm CARLSBAD PLANNING COMMISSIO 11 ATTEST : II L 12 13 MICHAEL J. mZMILLm LAND USE PLANNING MANAGER 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2186 9.