HomeMy WebLinkAbout1988-09-21; Planning Commission; Resolution 2757?I
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PLANNING COMMISSION RESOLUTION NO. 2757
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 27 LOT/26 DWELLING UNIT TENTATIVE TRACT MAP AND PLANNED UNIT
DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE
SOUTH SIDE OF PARK DRIVE, 500 EAST OF MARINA DRIVE.
APPLICANT: L & R PARTNERSHIP
CASE NO.: CT 88-1/PUD 88-1
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WHEREAS, a verified application for certain property to
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That portion of Lot "Iv1 of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 823 filed
in the Office of the County Recorder of San Diego
County.
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relating to the Tentative Tract Map and Planned Unit Development. 21
desiring to be heard, said Commission considered all factors 20
considering all testimony and arguments, if any, of all persons 19
WHEREAS, at said public hearing, upon hearing and 18
by law to consider said request; and 17
September, 1988, hold a duly noticed public hearing as prescribed 16
WHEREAS, the Planning Commission did, on the 21st day of 15
as provided by Title 21 of the Carlsbad Municipal Code: and 14
WHEREAS, said verified application constitutes a request 13
Planning Commission; and 12
has been filed with the City of Carlsbad and referred to the
22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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A) That the above recitations are true and correct. 24
Commission as follows:
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B) That based on the evidence presented at the public hearing,
on the following findings and subject to the following 1 the Commission recommends APPROVAL of CT 88-1/PUD 88-1, based
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Findinqs: 3
conditions:
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density range of 8-15 du's/acre specified for the site as 5
1. The project is consistent with the City's General Plan since the proposed density of 6.0 du's/acre is within the
indicated on the Land Use Element of the General Plan, and
6 is at or below the growth control point of 11.5.
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The site is physically suitable for the type and density
of the development since the site is adequate in size and
shape to accommodate residential development at the density
proposed.
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.
School fees will be paid to ensure the availability of school facilities in the Carlsbad School District.
1811 5. Park-in-lieu fees are required as a condition of approval.
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6. All necessary public improvements have been provided or
will be required as conditions of approval.
7. 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.
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8. Assurances have been given that adequate sewer for the
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project Will be provided by the City of Carlsbad.
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9. The Planning Commission finds that all of the facts as required by Section 21.45.072 exist for this project, and further finds that it complies with the Design Guidelines Manual.
10. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential and open space development on the General Plan.
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This project will not cause any significant environmental impacts and a Mitisated Negative Declaration has been issued by the Planning Director on June 10, 1988 and approved by the Planning Commission on September 21, 1988. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment.
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 Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
13. This project is consistent with the City1 s Growth
Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1.
14. The project is in compliance with the Agua Hedionda Local
Coastal Program Land Use Plan as discussed in the staff report.
Conditions:
1. Approval is granted for CT 88-1/PUD 88-1, as shown on Exhibits IrAgl through rlI1l , dated March 11, 1988, incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown
unless otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x 36", 100 scale mylar copy of the Tentative Map as
approved by the Planning Commission. The tentative map shall reflect the conditions of approval by the City. The
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map copy shall be submitted to the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first.
3. A 500 foot 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.
4. 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.
5. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated February 11, 1988, 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.
6. 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.
7. 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.
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. This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan approved by the City Council on September
1, 1988, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior
to the issuance of building permits.
10. 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
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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.
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.
6 12. The applicant shall provide the following note on the final map of the subdivision and final mylar of this development 7 submitted to the City:
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"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management Control Point for each General Plan
land use designation. Development cannot exceed the Growth
Control Point except as provided by Chapter 21.90. The
land use designation for this development is RMH. The Growth Control Point for this designation is 11.5 dwelling units per nonconstrained acre.
The applicant shall establish a homeowner's association
and corresponding covenants, conditions and restrictions.
Said CCtR's shall be submitted to and approved by the Planning Director prior to final map approval.
Trash receptacle areas, if provided, 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. Enclosure shall be of similar colors and/or materials to the project to the satisfaction
of the Planning Director.
18 15- All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and
pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building.
19 the sound buffered from adjacent properties and streets,
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16. All development design shall comply with the requirements of the Agua Hedionda Local Coastal Program.
17. 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.
18. The applicant shall prepare a detailed landscape and irrigation 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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19. All landscaped areas shall be maintained in a healthy and
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conformance with City of Carlsbad standards. The trees 3
20. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in
shall be of a variety selected from the approved Street
Tree List.
41 5 21. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance
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Director prior to installation of such signs. and shall require review and approval of the Planning
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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.
The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps that are distributed or made available to
the public shall include but not be limited to trials, future and existing schools, parks, and streets.
Prior to issuance of a grading or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material then a standard two phased program, on file in the Planning Department, shall be undertaken to avoid possible
significant impacts on paleontological resources under the
direction of the Planning Department.
19 126. This project is approved subject to the condition that the onsite desiltation basin be maintained through project
11, 1988, "Existing Desilting Basin to be filled in11 is
removed from the tentative map prior to final map
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submittal. 22
specifically not approved with this project and shall be 21
development. The note included on Exhibit IlA", dated March
identified 100 foot wide wetlands buffer area (identified
24 as Lot 27 on Exhibit @BAgv) which has been dedicated to the
State on June 20, 1984 be maintained as open space.
Maintenance of the buffer area shall be the responsibility Z5 I
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of the Homeowners' Association. Any landscaping or other
minor improvements within the buffer area shall be subject
to the approval of the State Department of Fish and Game.
This project is approved subject to the condition that the
developer share equally with the future developer of the
adjacent property to the west in the cost of constructing
a pedestrian access ramp from the terminus of Laguna Shores
Place, southerly to the sand beach at Agua Hedionda Lagoon,
subject to the approval of the Planning Director, the
Director of Parks and Recreation, the Coastal Commission
and the Department of Fish and Game. This access ramp should not exceed a 10% slope. The developer shall also
install: (1) steel posts at the top of the ramp to prohibit
vehicular access, and (2) a five-foot high permanent chain link fence along both sides of this ramp to the five-foot
topography line at the lagoon's edge.
As soon as permits and the right-of-way are obtained to construct a public access way to the lagoon shore from Laguna Shores Place, the applicant shall construct said access consistent with the permit, and shall be reimbursed at the time of development of the westerly adjacent property.
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29. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map.
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30. No grading permits shall be issued for this subdivision
October 1st to April 1st. 20
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32. The developer shall obtain a grading permit prior to the 21
33 The grading for this project is defined as Ifcontrolled
23 grading" by Section 11.06.170 (a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of
24 a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance
25 of the work with the approved grading plan, submit required
reports to the City Engineer and verify compliance with
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prior to recordation of the final map.
31. Grading shall be prohibited during the rainy season,
commencement of any clearing or grading of the site.
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34. No grading shall occur outside the limits of the
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and a separate grading permit issued for the borrow or 3
35. A separate grading plan shall be submitted and approved
subdivision unless a letter of permission is obtained from the owners of the affected properties.
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disposal site if located within the city limits.
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36. All slopes within this project shall be no steeper than
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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.
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 desiltation/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.
Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to the approval of final map for this pro j ect .
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41- Direct access rights for all lots abutting Park Drive shall
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be waived on the final map.
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Unless a standard variance has been issued, no variance
from City Standards is authorized by virtue of approval of this tentative map.
The developer shall construct private street accesses to public streets in such a way as to clearly designated that the private streets are not a portion of the public street system. The developer shall place a plaqye-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.
g 44. The developer shall install street lights along all public and private street frontages in conformance with City of
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Carlsbad Standards.
agencies regarding services to the project. 12
and design requirements of the respective sewer and water
13 46- This project is approved specifically as 1 (single) phase.
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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. The deletion of sidewalk along the private street is approved as shown on the tentative map.
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.
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
identifying the responsibility shall be placed in the
CC&R1 s.
lot). An appropriately worded statement clearly
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The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
The developer shall be responsible for coordination with
S.D.G.&E., Pacific Telephone, and Cable TV authorities.
Some improvements shown on the Tentative Map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
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.
"No Parking## signs shall be placed by the developer at his
cost on the west side of Laguna Shores Place to the
satisfaction of the City Engineer,
The developer shall restripe the center line of Park Drive
from Marina Drive to Neblina Drive including transition
striping.
The off-site right-of-way for Laguna Shores Place shall be
dedicated to the City, based on a 56 foot right-of-way
width, prior to approval of the final map. Said right-of-
way shall be dedicated free and clear of all liens and
encumbrances and without cost to the City.
The developer shall make an offer of dedication to the City
for Park Drive along the subdivision frontage based on a
centerline to right-of-way width of 35 feet and of Laguna
Shores Place along the subdivision frontage based on a
centerline to right-of-way width of 28 feet, The developer
shall also make an offer of dedication to the City for all
easements required by these conditions or shown on the tentative map. All offers 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 City. Streets that
are already public are not required to be rededicated.
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58. The developer must first obtain the approval of the
Planning Director and the City Engineer before filling in
the existing desiltation basin. That desiltation basin
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shall be maintained by the developer until after the
subject site is fully landscaped as to prevent any erosion or sediments from entering into the Lagoon,
59. The developer shall obtain a release of the easement for
use of the existing desiltation basin from the upstream
property owner Native Sun-Carew prior to the filling in of
said basin.
5 60. Prior to final map approval the developer shall submit a
of the existing soil on the site. A geologist shall also effect from removing and recompacting ten to twelve feet 6
report from a geologist which addresses a possible rebound
issue a final report approving the site for building
final report is submitted to and approved by the City
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construction. No building permit will be issued until said 8
recommend any needed monitoring program of settlement and
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61. 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. Full half-street improvement of the southerly side of
Park Drive offsite from Marina Drive to Laguna Shores
Place excluding sidewalk and street lights.
B. Full half-street improvements to Park Drive along the subject frontage and including adequate off site
transitions to the existing street,
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the westerly side of said improvements, 19
C. Full half-street plus 12 foot improvements to Laguna
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D. Sewer lines, waterlines, and storm drains as shown on 20
62. The portion of the private storm drain shown on the
22 tentative map passing through the desiltation basin shall not be installed until after the subject site is fully
23 landscaped as to prevent any erosion or sediments from entering into the lagoon,
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Shores Place including cul-de-sac with an AC berm on
the tentative map.
63. The filling of the desiltation basin may be bonded for
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64. The developer shall submit approval of California State
Coastal Commission prior to final map approval.
65. The existing site plan and landscape plan shall be modified
to meet the City Engineer's approval for intersection sight
distance prior to submittal of grading or improvement plans.
Fire Conditions:
66. Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
67. The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
68. An all-weather access road shall be maintained throughout
construction.
69. All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on the project site.
70. Proposed security gate systems shall be provided with
ItKnoxgt key operated override switch, as specified by the Fire Department.
71. Fire retardant roofs shall be required on all structures.
72. Brush clearance shall be maintained according to the
specifications contained in the City of Carlsbad Landscape Guidelines Manual.
73. All fire alarm systems, fire hydrants, extinguishing
systems, automatic sprinklers, and other systems pertinent
to the project shall be submitted to the Fire Department
for approval prior to construction.
74 . Subject to the approval of the Fire Marshall, the proposed
project's gated entryway shall be designed to be a minimum
of 12 feet wide (curb to curb) . If an entry overhang is
included, it shall be a minimum of 13 feet 6 inches in
height.
75. This project shall provide two fire hydrants subject to
the approval of the Fire Marshall.
Parks and Recreation Conditions:
76. Landscape improvements required along the Park Drive
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frontage shall be subject to the approval of the Parks and
Recreation Director.
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77. No trees shall be planted within three feet of the right-
4 78. The R,V, parking area shall be landscaped to adequately
screen it from adjacent dwelling units and from Laguna
of-way of Park Drive and Laguna Shores Place,
Shores Place.
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system or the project shall be evaluated in detail to
fire flow exists,
Costa Real Water District Conditions:
ensure that adequate capacity for domestic landscaping and
9 80. The Developerrs Engineer shall schedule a meeting with the Water District Engineer and the City of Carlsbad's Fire
prior to preparation of the water system improvement plans. 10 Marshall to review the preliminary water system layout
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12 /I PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 21st day of September, 1988, by the following vote, to wit: 13
14 AYES : Chairperson McFadden, Commissioners: Marcus,
15 Schramm, Holmes, Erwin, Schlehuber and Hall.
16 NOES : None.
17 ABSENT: None.
18 ABSTAIN: None.
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CARLSBAD PLANNING COMMISSION
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" - 1 PLANNING DIRECTOR 25
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