Loading...
HomeMy WebLinkAbout1986-07-23; Planning Commission; Resolution 2564,. ll 0 * 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 2564 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A THIRTY-ONE UNIT CONDOMINIUM PROJECT AND A 1-LOT TENTATIVE MAP ON PROPERTY GENERALLY LOCATED ON THE COWER OF ALTISMA AND CARINGA WAYS IN LA COSTA. APPLICANT: LA COSTA VfiLEY TEKRACE CASE NO. : CT 85-28/CP-321 WHEKEAS, a verified application for certain property to 6 7 8 9 has been filed with the City of Carlsbad, and referred to the wit: Lots 240 and 241 of Map No. 6730 in the City of Carlsbad, County of San Diego, State of California, as filed with the San Diego County Recorder on September 8, 1970, 10 Planning Commission; and I1 WHEREAS, said verified application constitutes a request 12 May, 1986, and the 23rd day of July, 1986, hold a duly noticed 14 WHEREAS, the Plaming Commission did, on the 28th day of 13 as provied by Title 21 of the Carlsbad Municipal Code; and 15 16 public hearing as prescribed by law to consider said request; and It? I WHEKEAS, at said public hearing, upon hearing and I I I 18 relating to the Tentative Tract Map and Condominium Permit. i 2o /desiring to be heard, said Commission considered all factors l9 iconsidering all testimony and arguments, if any, of all persons 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 22 A) That the above recitations are true and correct. 23 Commission as follows: 25 B) That based on the evidence presented at the public hearing, z4 the Commission hereby APPROVES CT 85-28/CP-321, based on the following findings and subject to the following conditions: 26 11 Findings: 27 11) The project is consistent with the City's General Plan since 28 j I the proposed density of 13.7 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. ., II 0 0 1 2 3 4 5 6 7 8 9 :lo: I1 1 2 13 14 15 16 1 7 18 :L9 i 20 21 22 23 24 25 I 2) The low end of the density range for this property is 8 du/ac and the project is proposed at 13.7. The increase above the minimum is justified because of creative design, pleasing architecture, cohesive open space areas and exceeding minimum requirements as discussed in the staff report. I 3) 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. 4) 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 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, 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. b) The San Marcos School District has written a letter, dated September 6, 1985, 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 available concurrent with need as required by the General Plan. €) Assurances have been given that adequate sewer for the project will be provided by the Leucadia County Water District. 26 27 5) The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. PC RES0 NO. 2564 -2- 28 ~- I. 0 0 1 2 3 4 5 6 7 8 9 10 11 3.2 13 1.4 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 I, 6) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. 7) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 10, 1986 and approved by the Planning Commission on July 23, 1986. 8) The applicant is by condition, required to pay any development fees and has agreed to abide by any additional requirements established'by the City of Carlsbad pursuant to Chapter 21.90 of the Carlsbad Municipal Code or any other applicable laws, in order to implement and comply with the City's Growth Management System. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 1 Conditions: I 1) ApEroval is granted for CT 85-28/CP-321, as shown on Exhibits file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. "A - "G", dated July 3, 1986, incorporated by reference and on 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 the 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. 4) I This project is also approved under the express condition that the applicant pay the public facilities fee dopted 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 May 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-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. PC RES0 NO. 2564 -3- /I 0 0 I 1 2 3 4 5 6 7 8 9 10: 1.1 I. 2 1.3 1.4 1.5 3.6 I. 7 1.8 19 I 20 21 22 23 24 25 26 27 28 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 time 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 to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. 9) All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked with small pole signs to be approved by the Planning Director. 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. llj The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CCSrR's shall be submitted to and approved by the Planning 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. 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. 14) All parking lot trees shall be a minimum of 15 gallons in size. 15) A master plan of the existing onsite trees shall be provided to the Planning Director as part of the final grading plan to determine which trees shall be required to be preserved prior to the issuance of a grading permit or a building permit, whichever occurs first. 16) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. ///I PC RES0 NO. 2564 -4- I ,. 0 0, 1 2 3 4 5 6 7 8 9 10 11 1.2 13 14 n5 16 17 18 n9 20 21 22 23 24 25 26 I 17) 18) 191 20) 21) 22) 23) 24) 25) 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. A uniform sign program for this development shall be submitted to the Planning Director for his review and approval prior to occ.upancy of any building. 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. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. The applicant shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative to the satis.faction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 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. Prior to occupancy of any units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. I 26) 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. ///I 1/11 27 28 PC RES0 NO. 2564 -5- 1 2 3 4 5 6 7 a 9 10: :L1 12 :13 14 15 16 I 17 18 19 20 21 22 23 24 25 26 0 0 I 27) 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. 28) This approval is subject to Chapter 21.90 and any other growth management ordinance which may be adopted by a vote of the people. 29) Frontyard setbacks along Altisma Way shall at a minimum average 15 feet. No setback in this area shall be less than 10 feet. 30) Railings shall be provided along pedestrian walkways which are adJacent to slopes of 4:l or greater. 31) All units shall be equipped with automatic garage door openers. The CC&R's shall reflect that parking shall be prohibited in individual unit driveways which are less than 20 feet in length. 32) No windows or air conditioning units shall be placed on the north (or rear) elevation of the recreation building. 33) No RV parking shall be permitted onsite. The CC&R's shall state this clearly. Engineering Department: 34) No grading permits shall be issued for this subdivision prior to recordation of the final map. 35) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 36) 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. 37) Upon completion of grading, the developer shall ensure that an 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. I' as-graded" geologic plan shall be submitted to the City 27 // LL'kESO NO. 2564 -6- 28 /I 0 e 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 I 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. 38) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. 39) All slopes within this project shall be no steeper than 2:1, except transitions to 1 1/2: 1 as approved by the City Engineer. I 40) 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. 41) The developer shall exercise special care during the construc- tion phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention bashs 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. 42) 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. I 43) 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 proj.ect. 44) The developer shall make an offer of dedication to the City tor 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. PC RESO NO. 2564 -7- 0 e 1 final map, in accordance with City Standards, at all access points shown on the tentative map, and at the southwest 45) Sight/view corridor easements shall be established on the 2 corner of Altisma Way and Caringa Way. 3 4 5 6 7 8 9 46) 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 tentative map and the following improvements to City Standards to the satisfaction of the City Engineer: a) A and B Street as shown on the tentative map; b) Sewer, water and storm drain systems to serve this c) Replacement curb, gutter and sidewalk, access ramps etc. ~ security as provided by law, improvements shown' on the l It I1 I1 I1 development; on Altisma and Caringa Ways. "' 47) Improvements listed above shall be constructed within 12 1.1 I-' 48) Unless a standard variance has been issued, no variance from 1.3 months of final map approval and/or imprqvement plan approval, whichever occurs first. City Standards is authorized by virtue of approval of this tentative map. 14 15 16 17 1.8 19 20 21 22 23 24 'I ! 49) The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private streets are not a portion of the public street system. The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT", at the access point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20 feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project. 50) The developer shall install street lights alon5 all public and private street frontages in conformance with CLty of Carlsbad Standards. 51j 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. 25 26 52) 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 build- ings. 27 1 PC KESO NO. 2564 -8- - 28 1 2 3 4 5 6 7 8 9 10: 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 li e e 53j The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 54) 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 Carfsbad 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. 1 1 55) The developer shall provide an acceptable means for I 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. 56) 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. 57) 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 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. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review responsibilities for project design. (Name, Address and Telephone of Engineering firm) , only and does not relieve me, as Engineer of Work, of my ~ ~ //i/ j //I/ ~ //I/ I I PC RESO NO. 2564 -9- // e e 1 2 3 4 5 I1 Firm: Address: City, St. : Telephone: BY Date : (Name of Engineer) 6 Commission. The tentative map shall reflect the conditions of 8 58) The developer shall provide the City with a reproducible mylar 7 K.C.E. NO. # copy of the tentative map as approved by the Planning approval by the City. The map shall be submitted to the City 9 Engineer prior to improvement plan submittal. 10 S9) Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final 12 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 13 existing conditions. 11 map is recorded. An extension may be requested by the 14 15 16 17 I 50) 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: 18 a) Not opposing and consenting to the formation of a bridge and major thoroughfare district for the southern area of the City. area of the district in which this development is located. Payment of the traffic impact fee established pursuant to Chapter 18.42 of the Carlsbad Municipal Code. 19 b) Payment of the bridge and major thoroughfare fee for the 20 I 22 61) Prior to the issuance of building permits, complete building 23 'ire l>e artment: 24 21+ Department. plans shall be submitted to and approved by the Fire 25 21 26 62) Additional public and/or onsite fire hydrants shall be showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval, 28 PC RES0 NO. 2564 -10- provided if deemed necessary by the Fire Marshal. 63) The applicant shall submit two (2) copies of a site plan 1 1 2 3 4 e e 64) All required fire hydrants, water mains and appurtenances I shall be operational prior to combustible building materials ' being located on the project site. 65) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No ParkinglFire Lane-Tow Away Zone'' pursuant to Section 17.04.040, Carlsbad Municipal Code. ~ I !5 6 66) All fire alarm systems, fire hydrants, extinguishing systems, I automatic sprinklers, and other systems pertinent to the 7 project shall be submitted to the Fire Department- for approval 8 prior to construction. 9 67) 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 less) areas. lo: PASSED, APPROVED AND ADOPTED at a regular meeting of the "11 Planning Commission of the City of Carlsbad, California, held on I l2 13 the 23rd day of July, 1986, by the following vote, to wit: 14 AYES : Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Holmes & Hall. 15 16 17 18 1 I 19 I NOES : None. ABSENT: Commissioner Schramm. ABSTAIN: None. ~ . e& CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION I 2o ATTEST : 21 &d& 22 (CmEL J. HOLZMILLER - 23 11 PLANNING DIRECTOR 24 25 26 27 28 PC RES0 NO. 2564 -11-