HomeMy WebLinkAbout1988-12-07; Planning Commission; Resolution 2782I ll e 0
I( PLANNING COMMISSION RESOLUTION NO. 2782 1
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO
SUBDIVIDE THREE EXISTING RESIDENTIAL LOTS INTO FIVE RESIDENTIAL
THE SOUTH SIDE OF TAMARACK AVENUE, BETWEEN HIBISCUS CIRCLE AND THE
APPLICANT: TAMARACK PROPERTY INVESTORS
LOTS AND A PUBLIC CUL-DE-SAC ON PROPERTY GENERALLY LOCATED ALONG
AT&SF RAILROAD IN THE R-1-7500 ZONE.
CASE NO.: CT 87-4
6 I/ WHEREAS, a verified application for certain property to wit:
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That portion of Tract No. 232 of Thum Lands in the County of San
Diego, State of California, according to map thereof No. 1681
filed in the office of the County Recorder of San Diego County,
December 9, 1915.
9 I/ has been filed with the City of Carl sbad and referred to the P1 anning
lo // Commi ssion; and
I.1 I/ WHEREAS, said verified application constitutes a request as provided by
I.2 /1 Title 21 of the Carlsbad Municipal Code; and
l3 II WHEREAS, the Planning Commission did, on the 7th day of September and on
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the 7th day of December, 1988, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said pub1 ic hearing, upon hearing and considering a1 1
testimony and arguments, if any, of all persons desiring to be heard, said
Commission considered all factors relating to the Tentative Tract Map and
P1 anned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anning Commission as
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24 Commission recommends APPROVAL of CT 87-4, based on the following
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the
findings and subject to the following conditions:
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// Findinqs:
1 I A 1. The project is consistent with the City’s General Plan since the proposed
specified for the site as indicated on the Land Use Element of the 2
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General P1 an, and is at or below the growth control point of 3.2 du/acre. 3
density of 2.94 du’s/acre is within the density range of 0-4 du’s/acre
2. The site is physically sui table for the type and density of the development since the site is adequate in size and shape to accommodate
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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 Unified School District.
I.3 /I 5. Park-in-lieu fees are required as a condition of approval.
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6. A1 1 necessary pub1 ic improvements have been provided or wi 11 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 will be available concurrent with need as required by the General P1 an.
8. Assurances have been given that adequate sewer for the project wi 11 be
I provided by the City of Carlsbad. I
20 9. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development
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10. This project will not cause any significant environmental impacts and a ~ Negative Declaration has been issued by the Planning Director on June 1,
1988 and APPROVED by the Planning 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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11. 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 the Local Facilities Management Plan for Zone 1.
12 - The proposed project satisfies a1 1 of the R-1-7500 development standards and is in compl i ance with the Me1 lo I1 Local Coastal Program as discussed in the Staff Report.
13. The project appl icant has been will ing to redesign the project to provide to the City an offer of dedication of adequate property along the
frontage of Lot 1 to accomodate the potential future widening and grade separation of Tamarack Avenue as discussed in the Staff Report.
7 14. The City Engineer is will ing to recommend support of a standards variance
memorandum dated October 3, 1988. 8
for City intersection spacing standards as discussed in the attached
Plannins Conditions 9
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Approval is granted for CT 87-4, as shown on Exhibit "A", dated October 17, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
The developer shall provide the City with a reproducible 24" x 36", 100 scale my1 ar copy of the 40 scale my1 ar copy of the Tentative Map, as approved by the Planning 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.
16 3. A 500' scale map of the subdivision shall be submitted to the Planning
all lots and streets within and adjacent to the project. 17
Director prior to the recordation of the final map. Said map shall show
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4. 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 establ ished by the City Council pursuant to Chapter 21.90 of the Carl sbad 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 December 12, 1987, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this appl ication will not be consistent with the General P1 an and approval for this project will be void.
24 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 Carl sbad
25 Municipal Code.
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6. The applicant shall provide school fees to mitigate conditions of 1 overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit
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3 7. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carl sbad and the Costa Real Water District,
4 dated May 25, 1983.
5 8. This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan approved by the City Council
6 on September 1, 1987, incorporated herein and on file in the P1 anning Department and any future amendments to the Plan made prior to the
7 issuance of building permits.
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9. 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.
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12 10. Approval of this request shall not excuse compl iance with a1 1 sections
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of the Zoning Ordinance and all other applicable City ordinances in
11. The applicant shall provide the following note on the final map of the 14
effect at time of building permit issuance.
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 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 RLM (0-
4 du/acre). The Growth Control Point for this designation is 3.2 dwelling units per nonconstrained acre.
~ Parcels 1 through 5 were used to calculate the intensity of development under the General P1 an and Chapter 21 -90. Subsequent redevelopment or resubdivision of any one of these parcels must a1 so include parcels 1 through 5 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code."
22 12. The applicant shall submit a street name list consistent with the City's
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street name policy subject to the Planning Director's approval prior to
Fire Chief. In such instance a storage plan will be submitted for 13. No outdoor storage of material shall occur onsi te unless required by the 24
final map approval .
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14. This project is approved subject to the condition that prior to issuance of a building permit for any of the lots, an acoustical analysis evaluating noise impacts from (1) the adjacent AT&SF Railway, and (2) Tamarack Avenue shall be submitted to the Planning Director for review. A1 1 recommended noise mi tigation measures shall be required to be incorporated into the design of the project/or individual structures. Such mitigation may restrict these lots from being developed with two story homes. Noise impacts shall be required to be mitigated to the acceptable level of 45 dba CNEL within the structures, and 60 dba CNEL five feet within the projects property line, at six feet above finished grade level, and immediately above the highest window or door that can be opened to the outdoors in a dwelling unit.
7 15. Building elevations for Lots 1-5 of CT 87-4 shall be required to be submitted to and approved by the P1 anning Director prior to the issuance
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9 16. The appl icant shall prepare a detailed 1 andscape and irrigation plan
to the issuance of grading or building permits, whichever occurs first. 10
which shall be submitted to and approved by the Planning Director prior
11 17. A master plan of the existing onsi te trees shall be provided to the
trees shall be required to be preserved prior to the issuance of a 12
Planning Director as part of the final grading plan to determine which
grading permit or a building permit, whichever occurs first.
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14 condition, free from weeds, trash, and debris. 18. All landscaped areas shall be maintained in a healthy and thriving
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19. 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 Plan 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 P1 anning Department.
18 20. The developer shall install street trees at the equivalent of 40-foot
Carl sbad standards. The trees shall be of a variety selected from the approved Street Tree List.
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Building identification and/or addresses shall be placed on a1 1 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 col or.
The developer shall provide a minimum of 25 percent of the lots with ~ adequate sideyard area for Recreational Vehicle storage pursuant to City Standards. A deed restriction shall prohibit the storage of recreational vehicles in the required front yard setback. The wording of this deed restriction shall be approved by the Planning Director prior to final map approval.
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23. 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 three 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.
Enqineerinq Conditions
24. No grading permits shall be issued for this subdivision prior to recordation of the final map.
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The developer shall obtain a grading permit prior to the commencement of
any clearing or grading of the site. I
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26. The grading for this project is defined as "controlled grading" 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 Carl sbad Municipal Code.
12 27. No grading shall occur outside the 1 imits of the Subdivision unless a
13 letter of permission is obtained from the owners of the affected properties.
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28. 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.
29. Prior to haul i ng dirt or construction materi a1 s 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.
30. 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 desilitation/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
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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 Tentative Map for this project or by a certificate on the final map.
Direct access rights for all lots abutting Tamarack Avenue shall be waived on the final map.
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34. 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.
1) Five-foot wide asphalt walkway along the frontage of Tamarack
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Avenue.
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3) The proposed public drainage system as shown on the Tentative Map. 12
2) "A" Street with full width improvements.
35. Improvements listed above shall be constructed within 12 months of final 13 map approval and/or improvement plan approval., whichever occurs first.
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15 Standards is authorized by virtue of approval of this tentative map.
16 37. The developer shall install street 1 ights along a1 1 pub1 ic and private street frontages in conformance with City of Carlsbad Standards.
17 38. The developer shall comply with a1 1 the rules, regulations and design
18 requirements of the respective sewer and water agencies regarding
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20 public improvement purposes only.
21 40. 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.
Carl sbad Standards based on R-value tests. All private streets and
23 drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to
24 approval of the final map for this project.
25 41. All concrete terrace drains shall be maintained by the individual
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36. Unless a standard variance has been issued, no variance from City
services to the project.
39. This project is approved specifically as 1 (single) phase for grading and
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property owner.
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42. The Subdivider shall provide separate sewer, water, gas, and electric
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43. The developer shall be responsible for coordination with S.D.G.&E., 2
services with meters to each of the units.
Pacific Telephone, and Cable TV authorities.
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44. 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.
7 45. The developer shall obtain permission from the Atchison, Topeka, and
prior to approval of the final map to the satisfaction of the City 8
Santa Fe Railroad for any work done within the railroad's right-of-way
Engineer.
9 46. The developer shall make an offer of dedication to the City for Tamarack
Number 223-BA plus an additional 20 feet of width. The offer shall be
offered shall be granted to the City free and clear of a1 1 1 iens and
public are not required to be rededicated.
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made by a certificate on the final map for this project. A1 1 1 and so 11
Avenue of the additional right of way width as shown on City Drawing
encumbrances and without cost to the City. Streets that are already 12
13 47. The developer shall make an offer of dedication to the City for slope
14 easements along the west side of proposed "A" Street. the easement shall
Streets that are already public are not required to be rededicated.
for this project. All land so offered shall be granted to the City free of "A" Street. The offer shall be made by a certificate on the final map 16
proposed lot line of Lot 1 and the westerly proposed right of way line Tamarack Avenue and taper to a point of intersection of the southerly 15
be 10' wide at its intersection with the required right of way line on
17 and clear of all liens and encumbrances and without cost to the City.
18 48. The developer shall pay to the City prior to final map approva1,the cost
That cost shall be based on the improvements shown on City drawing number
the developer's engineer. Those quantities and estimated costs are
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223-8. A list of quantities and estimated costs shall be submitted by 20
of full half street improvements along his frontage of Tamarack Avenue.
subject to review and approval of the City Engineer. 21
22 49. The developer shall enter into an agreement to pay fees for
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undergrounding of all existing overhead utility lines along the boundary
codes, ordinances, and regulations, the existing structures within the 50. The developer shall remove, or bring into conformance with all City 24
of his subdivision prior to final map approval.
25 boundary of this subdivision prior to final map approval.
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51. The owner shall record a covenant of easement for private drainage
along the westerly, southerly and a portion of the easterly property line 1
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purposes prior to recordation of the final map. That easement shall run
52, The storm drain easement shown on the tentative map along the side 3
of the subdivision to the satisfaction of the City Engineer.
property line of lots two and three shall be 20 foot wide public drainage
4 easement and located entirely on one lot.
5 Fire Conditions
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53. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
54. The applicant shall submit two (2) copies of a site plan showing 1 ocations of existing and proposed fire hydrants and onsi te roads and drives to the Fire Marshal for approval.
55. An all-weather access road shall be maintained throughout construction.
56. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site.
57. Fire retardant roofs shall be required on all structures.
l3 11 58. Brush clearance shall be maintained according to the specifications
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59. All fire alarm systems, fire hydrants, extinguishing systems, automatic 15
contained in the City of Carl sbad Landscape Guide1 ines Manual .
to the Fire Department for approval prior to construction. 16
sprinklers, and other systems pertinent to the project shall be submitted
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60. Prior to issuance of building permits, the developer shall provide the Fi,re Department with a 500' scale map showing streets (public and private), street names, fire hydrant locations, and beginning and ending addresses by block.
61. Prior to issuance of building permits, the developer shall submit to the Fire Department a map, showing the street network, conforming to the foll owing cri teri a:
* 400" scale (1:4800) * Photo reduction on my1 ar * At least 'two existing streets and/or intersections shall be referenced on the map (not a separate vicinity map) * Maps shall include at least the following information: * Street center1 i nes * Street names * Fire hydrant locations
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1 62. This project is approved subject to the condition that the proposed fire
Avenue and "A" Street. 2
hydrant be relocated by the developer to the northwest corner of Tamarack
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subject project shall be evaluated in detail as assurance that adequate 63. Prior to the issuance of building permits, the entire water system for 4
Water District Conditions
5 capacity for domestic 1 andscaping and fire flow demands are addressed and
6 65. The developer's engineer shall schedule a meeting with the district's
system 1 ayout prior to preparation of the water system improvement plans.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of December,
7 engineer and the City Fire Marshal and review the preliminary water
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1988, by the following vote, to wit:
AYES: Vice Chairman Hall, Commissioners: Schramm,
12 Schl ehuber, Holmes, and Marcus.
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ABSTAIN: None. 15
ABSENT: Chairperson McFadden. 14
NOES : Commissioner Erwin.
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l8 ATTEST:
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CARLSBAD PLANNING COMMISSION
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21 MICHAEL J. HOLZMILLH 1
PLANNING DIRECTOR
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