HomeMy WebLinkAbout1986-07-23; Planning Commission; Resolution 2548..__ a 0
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PLANNING COMMISSION RESOLUTION NO. 2548
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EIGHTEEN UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SIDE OF LUCIERNAGA STREET, AT THE FIRST UNDEVELOPED PROPERTY EAST OF CEBU STREET. APPLICANT: CASA LOMA CONDOS CASE NO.: CT 84-43/CP-302
WHEREAS, a verified application for certain property to
wit:
Lots 393 and 394 of La Costa Meadows Unit No. 2, in the County of San Diego, State of California, according to Map thereof No. 6905, filed in the Office of the County Recorder of San Diego, April 21, 1971,
has been filed with the City of Carl sbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carl sbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 25th day of
June, 1986, and on the 23rd day of July, 1986, 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 hereby APPROVES CT 84-43/CP-302, based on the following findings and subject to'the following conditions:
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Findings:
1) The project is consistent with the City's General Plan since the proposed density of 12 du's/acre is within the density range of 8 - 15 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 pro- posed.
3) The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured 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 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, and 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.
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b) The San Marcos School District has written a letter, dated November 13, 1984, stating that school facilities will be available to this project.
c) Park-in-lieu fees are required as a condition of ap- proval.
d) All necessary public improvements have been provided or will be required as conditions of approval.
e) 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 avail able concurrent with need as required by the General P1 an.
f) Assurances have been given that adequate sewer for the project will be provided by the Leucadia County Water District.
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4) The proposed project is consistent with the City's Planned Development Ordinance and a1 so complies with the Design Gui del i nes Manual .
5) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan.
6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on August 24, 1985 and approved by the Planning Commission on July 23, 1986.
7) This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are not provided the project will create an unmitigated burden on existing improvements and facilities. Further, the improvements and facilities are necessary to provide safe, adequate and appropriate service to future residents of the project consistent with City goals, policies and plans.
8) The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
Conditions:
1) Approval is granted for CT 84-43/CP-302, as shown on Exhi bits "A" - "G", dated June 10, 1986, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
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 assurances have been given by the Leucadia County Water District in writing, if sewer facilities are located in the Leucadia County Water District.
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4) lhis proJect IS also approved under the express condition that the applicant pay the pub1 ic facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code to implement the growth management system or public facilities phasing plan and to fulfill the subdivider's agreement to pay the public facilities fee dated June 16, 1986 a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid 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-1 ieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
6) The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the tine of building permit application.
7) 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.
8) Water shall be provided by the San Marcos Municipal Water District.
9) All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clear1 y marked with small pole signs to be approved by the Planning Director.
P1 anning Department:
10) The applicant shall prepare a 24" x 36" reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits.
11) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the P1 anning Director prior to final map approval .,
12) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first.
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13) A 500' scale map of the subdivision Shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project.
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14) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
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15) 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 Planning Director prior to installation of such signs.
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16) Trash receptacle areas Shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director.
17) All roof appurtenances, including air conditioners, Shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuan-t to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building.
18) Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color.
19) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval Shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law.
20) This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. A condition so stating this shall be placed in the C.C.&R's for the project.
21) Before obtaining a final map or building permit, whichever occurs first, the applicant Shall: a) agree to pay any increase in the public facilities fee or additional tax on ne construction and/or new development fees established by the City Council prior to July 20, 1986; b) agree to abide by any additional requirements established by the development management system or phasing plans which may be ultimately adopted by the City of Carlsbad. This condition complies wit City Council Ordinance No. 9791.
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22) All retaining wall greater than four feet required on the property shall be designed and constructed in a crib fashion and shall be appropriately landscaped to the satisfaction of the Planning Director. Retaining walls less than four feet shall be of a color coordinated slump stone with red brick cap. All crib wall planting Shall be properly maintained and shall be the responsibility of the homeowner's association. The CC&R's shall state this clearly.
23) CC&R's shall contain a provision prohibiting the parking or storage of recreational vehicles onsite.
24) The homeowner's association shall be responsible for the landscape maintenance of all common recreation areas, yards, and other open areas including the existing large fill slope at the rear of the lot.
Engineering Department:
25) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
26) The grading for this project is defined as "controlled grad-
ing" 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 ensure 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.
27) Upon completion of grading, the developer shall ensure 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 con- tour 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.
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28) Prior to processing any development plans for this project the applicant shall submit and receive the City Engineer's approval of a revised tentative map, clearly delineating proposed grading, retaining walls, and sight distance requirements.
29) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties.
30) A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site
if located within the city limits.
31) All slopes within this project shall be no steeper than 2:1.
32) Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
33) The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and Shall construct temporary desil tation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and Shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
34) Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer.
35) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this project.
36) The design of this project Shall include offsite drainage repair if necessary to provide adequate drainage of the slope drain at the rear of this site.
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37) The developer Shall make an offer of dedication to the City for all public streets and easements required by these conditions or Shown on the Tentative Map. The offer Shall be made by a Certificate on the Final Map for this project. All land so offered Shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
38) Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements ShOWn on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
a) All sewer, water and storm drain improvements required to
b) Onsite circulation and access of this project, c) The re-design of access at Luciernaga Street to provide
d) The retaining wall (concept only) as incorporated into
serve this project,
clear site distance,
the grading plan.
39) Improvements listed above shall be constructed within 12 months of final map approval andlor improvement plan approval, whichever occurs first.
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~ 40) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map.
41) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards.
42) 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.
43) The developer shall install sidewalks along all public street frontages in conformance With City of Carlsbad Standards prior to occupancy of any buildings.
44) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
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45) The design of all private streets and drainage systems Shall be approved by the City Engineer prior to approval of the final map for this project. 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 for this project.
46) The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs
of such maintenance in an equitable manner among the owners of the units within the subdivision.
47) All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility Shall be placed in the CC&R's.
48) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO ParkingIFire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
49) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each Sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is 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 to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Fi rev:
Address:
City, St. : 1
Telephone: I BY Date: (Name of tngineer)
R.C.E. NO. #
50) The developer shall provide the City with a reproducible nlyla copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the conditions o approval by the City. The map shall be submitted to the City Engineer prior to improvement plan submittal. 1
51) 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.
~ 52) Developer shall, prior to building permit approval, pay the
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traffic impact fee established by Chapter 18.42 of the Carl sbad Municipal Code.
53) Before and as a condition of obtaining a final map, or final development permit or site plan approval under Title 21 of the Carlsbad Municipal Code, the subdivider shall enter into a contract with the City whereby the subdivider covenants on behalf of the subdivider and subdivider's successors in interest to the following:
a) Not opposing and consenting to the formation of a bridge and major thoroughfare district in the area of this project.
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b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is 1 ocated.
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(A note reflecting a. and b. shall be placed on the final
map.)
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1 54) Pursuant to the provisions of Section 20.20.050(1) of the Carlsbad Municipal Code, a parcel map may be filed in lieu of
to a final map, the reference shall apply also to a parcel 2
map filed in lieu thereof. 3
a final map. Whenever reference is made in these conditions
4 Fire Department: ll I
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55) Prior to the issuance of building permits, complete building
Department.
plans shall be submitted to and approved by the Fire I I
7 56) Additional public and/or onsite fire hydrants shall be I/ provided if deemed necessary by the Fire Marshal. a
9 showing locations of existing and proposed fire hydrants and 57) The applicant shall submit two (2) copies of a site plan
onsite roads and drives to the Fire Marshal for approval.
10 58) An all-weather access road shall be maintained throughout
11 construction.
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59) All required fire hydrants, water mains and appurtenances
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60) Proposed security gate systems shall be provided with "Knox" 14
being located on the project site.
61) All private driveways shall be kept clear of parked vehicles
shall be operational prior to combustible building materials
key operated override switch, as specified by the Fire De-
at all times, and shall have posted "No Parking/Fire Lane-Tow
Code. 17 Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
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19 specifications contained in the City of Carlsbad Landscape 62) Brush clearance shall be maintained according to the
~ Guide1 ines Manual.
201163) All fire alarm systems, fire hydrants, extinguishing systems,
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automatic sprinklers, and other systems pertinent to the
prior to construction.
project shall be submitted to the Fire Department for approval
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64) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or 1 ess) areas.
65) Decks overhanging the driveway shall be protected by an automatic sprinkler system designed to specifications dictated by the Fire Marshal.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 23rd day of July, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane,
NOES: None.
ABSEMT: Commissioner Schramm,
Marcus, McFadden, Holmes & Hall.
ABSTAIN: None. EL" kJk
a1 man x:% ;~~KKt%i:SSION
ATTEST:
PLANNING DIRECTOR
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