HomeMy WebLinkAbout1988-12-07; Planning Commission; Resolution 2771. ‘*- 0 0
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PLANNING COMMISSION RESOLUTION NO. 2771
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 34 LOT/32
DWELLING UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT
ON PROPERTY GENERALLY LOCATED BETWEEN ELM AVENUE AND HOSP WAY AT THE EXISTING TERMINUS OF UINTERGREEN DRIVE.
APPLICANT: VISTA DE LA VALLE
CASE NO.: CT 88-2/PUD 88-2
WHEREAS, a verified appl i cation for certain property to wit :
Lots 1 through 8 inclusive and Lots 11 through 14 inclusive
of CT 84-33 in the County of San Diego, State of California,
according to Map thereof No. 11973, filed in the Office of the
County Recorder of San Diego,
9 /I has been filed with the City of Carl sbad and referred to the P1 anning
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Commission; and
WHEREAS, said verified application constitutes a request as provided
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by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of November and
the 7th day of December, 1988, hold a duly noticed public hearing as prescribed
l5 // by law to consider said request; and
l6 iI WHEREAS, at said public hearing, upon hearing and considering all 17
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testimony and arguments, if any, of all persons desiring to be heard, said
Commission considered all factors relating to the Tentative Tract Map and
19 I/ I P1 anned Unit Development.
2o I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
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22 A) That the above recitations are true and correct.
23 B) That based on the evidence presented at the public hearing, the
24 Commission recommends APPROVAL of CT 88-2/PUD 88-2, based on the
following findings and subject to the following conditions:
25 // Findinqs:
26 1.The project is consistent with the City’s General Plan since the proposed
27 net density of 4.47 du’s/acre is within the density range of 4-8 du’s/acre
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specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 6 du/acre.
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 proposed.
3. 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 avail able 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.
4. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District.
5. Park-in-lieu fees are required as a condition of approval.
6. All necessary public improvements have been provided or will be required as conditions of approval .
7. The appl icant 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 wi 11 be avai 1 able concurrent with need as required by the General P1 an.
8. Assurances have been given that adequate sewer for the project will be provided by the City of Carl sbad.
9.The Planning Commission finds that the proposed project is consistent with the City's planned development ordinance and that all of the facts set forth in Section 21.45.072 exist and that the proposed project 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 development on the General P1 an.
11. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on September 7, 1988 and APPROVED by the P1 anning Commission on December 7, 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.
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12. The appl i cant is by condition, required to pay any increase in pub1 i c 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 Carl sbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
4 13. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of
5 the Local Facil i ties Management P1 an for Zone 1.
6 14. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside Ordinance) and meets all the requirements of that Chapter to
7 ensure the sensitive treatment of the City's hillside resources.
8 15. The Planning Commission finds that the requested use is properly related to
to existing uses or to uses specifically permitted in the area in which the 9
the site, surroundings and environmental setting, will not be detrimental
proposed use is to be located and will not adversely impact the site,
10 surroundings or traffic circulation. The Planning Commission further finds that the site for the intended use is adequate in size and shape to
11 accommodate the use and that a1 1 of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the proposed use to
12 existing or permitted future uses in the neighborhood will be provided and maintained and further finds that the street system serving the proposed
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Conditions: 14
project is adequate to properly handle all traffic generated by it.
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1. Approval is granted for CT 88-2/PUD 88-2, as shown on Exhibits "A" - "Q", dated November 30, 1988, incorporated by reference and on file in the P1 anning Department. Development shall occur substanti a1 ly as shown unl ess otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x 36", 100 scale my1 ar copy of the tentative map as approved by the P1 anni ng Commission. The tentative map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first.
21 3. 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
22 all lots and streets within and adjacent to the project.
23 4. This project is approved upon the express condition that the final map
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approval that sewer service is available to serve the subdivision. 24
shall not be approved unless the City Council finds as of the time of such
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Engineer determines that sewer facilities are available at the time of 26
will not be issued for development of the subject property unless the City 5. This project is approved upon the express condition that building permits
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application for such sewer permits and will continue to be available until 1 time of occupancy. This note shall be placed on the final map.
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6. This project is a1 so approved under the express condition that the applicant pay the pub1 ic 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 March 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.
7. 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.
8. 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 appl i cat i on.
12 9. Water shall be provided to this project pursuant to the Water Service
dated May 25, 1983. 13
agreement between the City of Carlsbad and the Costa Real Water District,
14 10. This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan approved by the City Council on
15 September 1, 1987, incorporated herein and on f i 1 e in the P1 anni ng Department and any future amendments to the Plan made prior to the issuance
16 of building permits.
17 11. 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
18 imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such
the City Council determines that the project without the condition complies 19
with all requirements of law. 20
condition is determined to be invalid this approval shall be invalid unless
21 12. Approval of this request shall not excuse compliance with all sections of
time of building permit issuance. 22
the Zoning Ordinance and a1 1 other appl icabl e City ordinances in effect at
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13. Approval of CT 88-2/PUD 88-2 is granted subject to the approval of HDP 88-
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14. The applicant shall provide the following note on the final map of the 1 subdivision and final mylar of this development 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 P1 an 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 RM,
4-8 du/ac. The Growth Control Point for this designation is 6 dwelling units per nonconstrained acre.
15. 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 .
16. All roof appurtenances, including air conditioners, shall be
8 from adjacent properties and streets, pursuant to Building Department architecturally integrated and concealed from view and the sound buffered
Bui 1 ding. 9 Policy No. 80-6, to the satisfaction of the Directors of Planning and
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Planning Director approval. All lighting shall be designed to reflect
18. The applicant shall submit a street name 1 ist consistent with the City's
13 street name policy subject to the Planning Director's approval prior to
14 19. The applicant shall prepare a detailed landscape and irrigation plan which
15 shall be submitted to and approved by the P1 anning Director prior to the
16 20. A master plan of the existing onsite trees shall be provided to the
17 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
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21. All landscaped areas, shall be maintained in a heal thy and thriving 19
permit or a building permit, whichever occurs first .
17. An exterior lighting plan including parking areas shall be submitted for
downward and avoid any impacts on adjacent homes or property.
final map approval .
issuance of grading or building permits, whichever occurs first.
I condition, free from weeds, trash, and debris.
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22. Existing onsite trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Department during the review of a Master P1 an to submitted showing existing onsite trees. Those trees which are approved for removal shall be replaced on a tree-for- tree basis as required by the Planning Department.
23. The developer shall instal 1 street trees at the equivalent of 40-foot intervals along all pub1 ic street frontages in conformance with City of Carl sbad standards. The trees shall be of a variety selected from the approved Street Tree List.
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24. Any signs proposed for this development shall at a minimum be designed in
approval of the Planning Director prior to installation of such signs.
25. Building identification and/or addresses shall be placed on a1 1 new and
road; color of identification and/or addresses shall contrast to their
1 conformance with the City's Sign Ordinance and shall require review and
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background col or. 4
existing buildings so as to be plainly visible from the street or access
5 26. The developer shall display a current Zoning and Land Use Map in the sales
Planning Director. 6
office at all times, or suitable alternative to the satisfaction of the
7 27. The project is approved subject to the condition that the on site recreational vehicle storage area be fully screened with specimen
8 landscaping and a wall to buffer it from adjacent residences and Wintergreen Drive, This R.V. screening proposal shall be required to be
9 approved by the Planning Director prior to the final map approval.
10 28. All crib wall planting, open space lots, and north facing manufactured slopes shall be properly maintained and shall be the responsibility of the
11 homeowners' association. The CC&R's shall state this clearly.
12 29. Prior to issuance of a grading or building permit, whichever comes first,
the soils report indicates the presence of potential fossil bearing 13
a soils report shall be prepared and submitted to the City of Carl sbad. If
material then a standard two phased program, on file in the Planning
14 Department, shall be undertaken to avoid possible significant impacts on paleontological resources under the direction of the Planning Department.
15 30. Prior to approval of the final map for this project, the applicant shall
16 dedicate open space easements over the (3) north-facing slopes, shown on the tentative map. These areas shall be dedicated to and maintained by
clarified in the CC&R's and shall be subject to the approval of the 17 the Homeowners Association. A restriction of use (no structures) shall be
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31. This project is approved subject to the condition that roof water shall be 19
P1 anni ng Director.
drains, gutters and downspouts, which shall be required to be approved by
directed to storm drains by way of gutters and downspouts which are non-
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corrosive. The project applicant shall be required to construct the
the City Engineer prior to occupancy.
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32. This project is approved subject to the condition that the project applicant construct uniform fencing. This fencing shall be required to be approved by the P1 anning Director prior to the issuance of building permits.
33. Approval of CT 88-2/PUD 88-2 shall revoke and supercede CT 84-33/PUD-74.
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.' ' I1 0 0 ll 11 Enqineerins Conditions
1 .A 34. No grading permits shall be issued for this subdivision prior to 2 recordation of the final map.
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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 grading" by Section
under the observation of a civil engineer whose responsibility it shall be
6 to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City
Code.
5 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed
7 Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal
8 37. Upon completion of grading, the developer shall ensure that an "as-graded"
clearly show a1 1 the geology as exposed by the grading operation, a1 1
a contour map which represents both the pre and post site grading. This
geologist. The plan shall be prepared on a mylar or similar drafting film
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and shall become a permanent record. 12
plan shall be signed by both the soils engineer and the engineering 11
geologic corrective measures as actually constructed and must be based on 10
geologic plan shall be submitted to the City Engineer. The plan shall
13 38. No grading shall occur outside the limits of the Subdivision unless a letter of permission is obtained from the owners of the affected
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15 39. All slopes within this project shall be no steeper than 2:l.
16 40. Prior to issuance of a grading permit for this project, the applicant shall establish an easement for onsite regrading of the slope adjacent to the
17 southwest boundary of this subdivision as shown on the tentative map.
18 41. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and
developer shall comply with all conditions and requirements the City 19 receive approval from the City Engineer for the proposed haul route. The
20 I Engineer may impose with regards to the hauling operation.
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42. 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
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control measures for a period of time satisfactory to the City Engineer and
deposit and bonding in amounts and types suitable to the City Engineer.
43. Additional drainage easements and drainage structures shall be provided or
1 shall guarantee their maintenance and satisfactory performance through cash
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44. Prior to approval of the final map for this project the developer shall enter into an agreement to pay proportionate drainage fees as determined by the revision of the Master Drainage Plan.
45. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to the approval of the final map for this project.
46. 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 a1 1 1 iens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
47. Direct access rights for lots abutting lots 30-37 that abut Wintergreen Drive shall be waived on the final map.
48. 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.
16 a) Wintergreen Drive full width from Hosp Way to the southerly boundary
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b) Traffic signal and advance warning system at Hosp Way and Wintergreen 18
of the subdivision.
be installed when the City Engineer directs said installation in
Drive as proposed on DWG. 271-9 TS including any additions, deletions,
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c) Undergrounding of all overhead utilities within this subdivision. 21
writing.
d) Sewer, water, storm drainage and retaining walls as shown on the 22 tentative map.
23 49. Improvements listed above shall be constructed within 12 months of final
24 map approval and/or improvement plan approval, whichever occurs first.
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50. Unless a standard variance has been issued, no variance from City Standards
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is authorized by virtue of approval of this tentative map.
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51. The developer shall install street lights along all public and private street frontages in conformance with City of Carl sbad Standards. 52. The developer shall install sidewalks along all publ ic street frontages of this project in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
53. The developer shall instal 1 a wheel chair ramp at the publ ic street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
54. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services
1 to the project.
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55. This project is approved specifically as 1 (single) phase.
56. The design of all private streets and drainage systems shall be approved by
structural section of all private streets shall conform to City of Carlsbad
shall be inspected by the City, and the standard improvement plan check and
project.
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inspection fees shall be paid prior to approval of the final map for this 11
Standards based on R-value tests. All private streets and drainage systems 10
the City Engineer prior to approval of the final map for this project. The
12 57. The developer shall provide an acceptable means for maintaining the private
13 easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to
14 distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision.
15 58. All concrete terrace drains .shall be maintained by the homeowner's
16 association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement
17 clearly identifying the responsibility shall be placed in the CC&R's.
18 59. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities.
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II 60. 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.
61. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
25 62. Approval of this tentative tract map shall expire twenty-four months from
extension may be requested by the applicant. Said extension shall be 26
the date of City Council approval unless a final map is recorded. An
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approved or denied at the discretion of the City Council. In approving an
existing conditions.
Fire Department Conditions
63. Additional public and/or onsite fire'hydrants shall be provided if deemed
1 extension, the City Council may impose new conditions and may revise
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64. The applicant shall submit two (2) copies of a site plan showing locations 5
necessary by the Fire Marshal.
of existing and proposed fire hydrants and onsite roads and drives to the
6 Fire Marshal for approval .
7 65. An all-weather access road shall be maintained throughout construction.
8 66. A1 1 required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the
9 project site.
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67. Fire retardant roofs shall be required on a1 1 structures.
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68. Brush clearance shall be maintained according to the specifications
69. All fire alarm systems, fire hydrants, extinguishing systems, automatic
13 sprinklers, and other systems pertinent to the project shall be submitted
14 70. Prior to the issuance of building permits, the project applicant shall be
15 required to provide offsite brush clearance along the rear of lots 22-29
contained in the City of Carlsbad Landscape Guidelines Manual.
to the Fire Department for approval prior to construction.
subject to the approval of the Fire Marshall.
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Costa Real Municipal Water District
71. Prior to the issuance of building permits, the entire water system improvement plans must be evaluated in detail to ensure that adequate capacity for domestic, landscaping, and fire flow demands are addressed and resolved.
20 72. Prior to the issuance of building permits, the applicant's engineer shall be required to schedule a meeting with the District's Engineer and the City
21 Fire Marshall to review the water system layout.
22 73. Prior to final map approval, the applicant shall be required to:
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a) Submit new improvement plans to the Water District
b) Submit new cost estimates for Water District review, c) Post a bond with the Water District for water system
d) Pay a deposit for plan checking and inspection to the
for review and approval,
improvements, and
Water District.
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1 I1 PASSED, APPROVED, AND ADOPTED at a regul ar meeting of the P1 anni ng
Commission of the City of Carlsbad, California, held on the 7th day of
December, 1988, by the following vote, to wit: 2
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NOES: None. 5
Schlehuber, Holmes, Erwin and Marcus.
ABSTAIN: None. 7
ABSENT: Chairperson McFadden. 6
AYES : Vice Chairman Hall, Commissioners: Schramm,
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CARLSBAD PLA~NING COMMISSION
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