HomeMy WebLinkAbout1989-06-07; Planning Commission; Resolution 2871L 0 a
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PLANNING COMMISSION RESOLUTION NO. 2871
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT ON PROPERTY GENERALLY LOCATED AT THE SOUTHERN TERMINUS OF JAMES DRIVE, BETWEEN HILLSIDE AND PARK DRIVE.
APPLICANT: HILLSIDE PARTNERS CASE NO.: CT 88-5
WHEREAS, a verified application for certain property to
Lots 16 and 17 in Block G of Bellavista in the City of
according to Map thereof No. 2152 filed in the office of
the County Recorder March 7, 1929. A1 so, that portion of
Lot 18 and said Block G of Bellavista lying northerly of
the easterly prolongation of the northerly line of the
southerly 5 feet of Lot 1 in Block E of Bellavista.
Carlsbad, County of San Diego, State of California
has been filed with the City of Carl sbad and referred to tt
Commission; and
WHEREAS, said verified application constitutes a request
by Title 21 of the Carl sbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of
hold a duly noticed pub1 ic hearing as prescribed by law to COI
request; and
WHEREAS, at said public hearing, upon hearing and cons
testimony and arguments, if any, of all persons desiring to be
Commission considered all factors relating to the Tentative Tri
P1 anned Unit Devel opment .
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cc
fol 1 ows :
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, thc recommends APPROVAL of CT 88-5, based on the following f subject to the following conditions:
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Findinqs:
1. The project is consistent with the City's General Plan since th proposes development of single family detached homes within th
range of 0 to 4 dwell ing units per acre as specified on tht indicated by 1 and use on the General Plan. The project is propc developed above the Growth Control Point of 3.2 dwell ing unit acre for the site. This is justified given the significant improvements on site which will improve drainage facilities f
along with aiding in maintaining the Agua Hedionda. There is ! developments within Zone 1 that have been developed below th Control Point to a1 1 ow this project to exceed by 2 duel 1 ings 1 Control Point intensity for the site.
2. With the correction of existing drainage and geotechnical situa site is physically suitable for the type and density of the d since the site is adequate in size and shape to accom residential development and the density proposed.
3. All necessary public improvements required by this project constructed or guaranteed to be constructed concurrently with tt them created by t hi s devel opment and in compl i ance with adc standards.
4. The P1 anning Commi ssi on has, by inclusion of an appropriate cc this project, ensured that the final map will not be approved City Council finds that sewer service is available to serve tl
shall be placed on the final map that building permits may no1 for the project unless the City Engineer determines that sewer available, and building cannot occur within the project un service remains available, and the Planning Commission is sat' the requirements of the Public Facilities Element of the Genera been met insofar as they apply to sewer service for this proj
5. School fees will be paid to ensure the availability of school
In addition, the Planning Commission has added a condition t
in the Carlsbad School District.
6. Park-in-lieu fees are required as a condition of approval.
7. All necessary pub1 ic improvements have been provided or will
. 8. 'The applicant has agreed and is required by the inclu. appropriate condition to pay a public facilities fee. Perform contract and payment of the fee will enable this body to find
facil i ties will be avail able concurrent with need as requ' General P1 an.
as conditions of approval.
9. The proposed project is compatible with the surrounding futul since surrounding properties are designated for residential single family detached development on the General Plan.
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10. This project will not cause any significant environmental imp; Negative Declaration has been issued by the Planning Directo) 29, 1989 and approved by the P1 anning Commission on June 7, approving this Negative Declaration the Planning Commission has the initial study, the staff analysis, all required mitigatio
and any written comments received regarding the significant ef project could have on the environment.
11. This project is consistent with the City’s Growth Management Or it has been conditioned to comply with any requirement approv of the Local Facilities Management Plan for Zone 1.
12. This project was subject to Chapter 21.95 of the Carlsbad Muni (Hillside Ordinance) and meets all the requirements of that ensure the sensitive treatment of the City’s hillside resource
Conditions:
1. Approval is granted for CT 88-5/HDP 89-1, as shown on Exhibii dated June 7, 1989, incorporated by reference and on file in tl Department. Development shall occur substantially as sh otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24” scale my1 ar copy of the Tentative Map as approved by th Commission. The Tentative Map shall reflect the conditions t by the City. The map copy shall be submitted to the City Eng to issuance of building permits or improvement plan submittal occurs first .
3. A 500’ scale map of the subdivision shall be submitted to tl Director prior to the recordation of the final map. Said map all lots and streets within and adjacent to the project.
4. ”This project is approved upon the express condition that thr shall not be approved unless the City Council finds as of the t approval that sewer service is avail able to serve the subdivi
5. This project is approved upon the express condition that builc will not be issued for development of the subject property unlc Engineer determines that sewer facilities are available at
appl icati on for such sewer permits and wi 11 continue to be ava’
. time of occupancy. This note shall be placed on the final mi
6. This project is also approved under the express conditia applicant pay the public facilities fee adopted by the City July 28, 1987 and as amended from time to time, and any devel established by the City Council pursuant to Chapter 21.90 of 1 Municipal Code or other ordinance adopted to imp1 ement a growtl system or facilities and improvement plan and to fulfill the : agreement to pay the public facilities fee dated August 15, :
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of which is on file with the City Clerk and is incorporat reference. If the fees are not paid this application w
consistent with the General Plan and approval for this projf void.
7. The applicant shall pay park-in-lieu fees to the City, pr approval of the final map as required by Chapter 20.44 of t Municipal Code.
8. The applicant shall provide school fees to mitigate cor overcrowding as part of building permit application. These fe based on the fee schedule in effect at the time of builc appl i cat i on.
9. Water shall be provided to this project pursuant to the Wa agreement between the City of Carlsbad and the Costa Real Wate dated May 25, 1983.
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This project shall comply with all conditions and mitigation
the Zone 1 Local Facil i ties Management P1 an approved by the C on September 1 , 1987, incorporated herein and on fi 1 e in tl Department and any future amendments to the Plan made pr issuance of building permits.
If any condition for construction of any public impro facilities, or the payment of any fees in lieu thereof, imp0 approval or imposed by 1 aw on this project are challenged th shall be suspended as provided in Government Code Section 6! any such condition is determined to be inval id this approv: invalid unless the City Council determines that the project condition complies with all requirements of law.
Approval of this request shall not excuse compl iance with a1 1 the Zoning Ordinance and all other applicable City ordinance at time of building permit issuance.
Approval of CT 88-5 is granted subject to the approval of HDP
A1 1 roof appurtenances , i ncl udi ng air condi ti oners, architecturally integrated and concealed from view and the sou from adjacent properties and streets, pursuant to Building Policy No. 80-6, to the satisfaction of the Directors of P' Building.
The appl icant shall prepare a detai 1 ed 1 andscape and i rrigati or shall be submitted to and approved by the Planning Director p issuance of grading or building permits, whichever occurs fir
The developer shall instal 1 street trees at the equivalent intervals a1 ong a1 1 pub1 ic street frontages in conformance w Carl sbad standards. The trees shall be of a variety select1 approved Street Tree List.
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18. Building identification and/or addresses shall be placed on i existing buildings so as to be plainly visible from the stree road; color of identification and/or addresses shall contra5 background col or.
19. The developer shall provide a minimum of 25 percent of the adequate sideyard area for Recreational Vehicle storage pursu Standards.
20. Prior to issuance of a grading or building permit, whichever c a soils report shall be prepared and submitted to the City o If the soils report indicates the presence of potential fos
Department, shall be undertaken to avoid possible significant paleontological resources under the direction of the Planning
material then a standard two phased program, on file in tl
21. The developer shall display a current Zoning and Land Use Map i office at all times, or suitable alternative to the satisfac P1 anni ng Di rector.
22. A1 1 sales maps that are distributed or made avail ab1 e to the p include but not be limited to trails, future and existing scha and streets.
23. Prior to issuance of a building permit the applicant shal unified fencing plan for the perimeter of the project, sub; satisfaction of the Planning Director. This fence shall bl prior to occupancy of any units.
Enqineerins Conditions:
24. No grading permits shall be issued for this subdivisior recordation of the final map.
25. The developer shall obtain a grading permit prior to the comm any clearing or grading of the site.
26. The grading for this project is defined as "controlled grading' 11.06.170(a) of the Carlsbad Municipal Code. Grading shall b under the observation of a civil engineer whose responsibili be to coordinate site inspection and testing to ensure compli work with the approved grading plan, submit required reports . Engineer and verify compl i ance with Chapter 11.06 of tt Muni ci pal Code.
27. Upon completion of grading, the developer shall ensure that an geologic plan shall be submitted to the City Engineer. The clearly show all the geology as exposed by the grading ope geologic corrective measures as actually constructed and must a contour map which represents both the pre and post site gra plan shall be signed by both the soils engineer and the
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geologist. The plan shall be prepared on a my1 ar or similar draf and shall become a permanent record.
28. No grading shall occur outside the 1 imits of the subdivision letter of permission is obtained from the owners of the properties.
29. A separate grading plan shall be submitted and approved and a grading permit issued for the borrow or disposal site if locat
the city limits.
30. All slopes within this project shall be no steeper than 2:l.
31. Prior to hauling dirt or construction materials to any construction site within this project the developer shall sub1 receive approval from the City Engineer for the proposed haul r developer shall comply with all conditions and requirements Engineer may impose with regards to the hauling operation.
32. The developer shall exercise speci a1 care during the construc. of this project to prevent any offsite siltation. The develc provide erosion control measures and shall construct desiltation/detention basins of type, size and location as a1 the City Engineer. The basins and erosion control measures shal and specified on the grading plan and shall be constructc satisfaction of the City Engineer prior to the start of any 0th operations. Prior to the removal of any basins or faci
constructed the area served shall be protected by additiona' facilities, slope erosion control measures and other methods r approved by the City Engineer. The developer shall maintain tht basins and erosion control measures for a period of time sati5 the City Engineer and shall guarantee their maintenance and si performance through cash deposit and bonding in amounts and typc to the City Engineer.
33. Additional drainage easements and drainage structures shall t or installed as may be required by the City Engineer.
34. The developer shall pay the current 1 oca1 drainage area fel approval of the final map for this project or shall construc systems in conformance with the Master Drainage Plan and City t Standards as required by the City Engineer.
35. The owner of the subject property shall execute a hold harmles! regarding drainage across the adjacent property prior to the final map for this project.
36. The developer shall make an offer of dedication to the City for streets and easements required by these conditions or shl Tentative Map. The offer shall be made by a certificate on th for this project. All land so offered shall be granted to th and clear of a1 1 1 iens and encumbrances and without cost tc
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Streets that are a1 ready pub1 ic are not required to be rededic
37. Hillside Drive shall be dedicated by the developer along the s frontage based on a center line to right-of-way width of 34 f conformance with City of Carlsbad Standards prior to occupal buildings.
38, Direct access rights for all lots abutting Hillside Drive shal' on the final map.
39 . Plans, specifications, and supporting documents for all improve1 be prepared to the satisfaction of the City Engineer. Prior 1 of the final map, the Subdivider shall install, or agree to i secure with appropriate security as provided by law, improven on the tentative map and the following improvements to City Si the satisfaction of the City Engineer:
a. One-half street improvements to Hillside Drive offsi te transitions along the boundary of the SI This shall include full rep1 acement of the existing section to the centerline of Hillside Drive.
b. Full width improvements to James Drive onsite and its existing terminus.
C. "A" Street as shown on the tentative map.
d. All sewer, water, and storm drain improvements nc serve this subdivision as shown on the tentative I
e. Undergroundi ng of overhead uti 1 it i es ad jacenl subdi vi si on.
40. Improvements listed above shall be constructed within 12 mont map approval and/or improvement plan approval, whichever occu
41. Unless a standard variance has been issued, no variance Standards is authorized by virtue of approval of this Tentati
42. The developer shall comply with all the rules, regulations requirements of the respective sewer and water agencies regardi to the project.
.43. This project is approved specifically as 1 (single) phase.
44. A1 1 concrete terrace drains shall be maintained by the association (if on commonly owned property) or the individu owner (if on an individually owned 1 ot) . An appropri a' statement clearly identifying the responsibility shall be pl CUR' s .
45. The Subdivider shall provide separate sewer, water, gas, a
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services with meters to each of the units.
46. The developer shall be responsible for coordination with Pacific Telephone, and Cable TV authorities.
47. Some improvements shown on the Tentative Map and/or require conditions are located offsite on property which neither the C subdivider has sufficient title or interest to permit the impr be made without acquisition of title or interest. The subdil conform to Section 20.16.095 of the Carlsbad Municipal Code.
48. Approval of this tentative tract map shall expire twenty-four the date of City Council approval unless a final map is re( extension may be requested by the applicant. Said extensic approved or denied at the discretion of the City Council. I an extension, the City Council may impose new conditions and existing conditions.
49. Prior to final map approval the appl icant shall file an adju!
subdivision, to be deeded to adjacent owner(s) as shown on thl
Map.
for that portion of James Drive at the northeast boundal
Fire DeDartment Conditions
50. Additional public and/or onsite fire hydrants shall be provide necessary by the Fire Marshal.
51. The. appl icant shall submit two (2) copies of a site plan showin
of existing and proposed fire hydrants and onsite roads and dr Fire Marshal for approval.
52. An all-weather access road shall be maintained throughout con
53. A1 1 required fire hydrants, water mains and appurtenance: operational prior to combustible building materials being loc project site.
54. Fire retardant roofs shall be required on all structures.
55. Brush clearance shall be maintained according to the spe contained in the City of Carlsbad Landscape Guidelines Manual
56. All fire alarm systems, fire hydrants, extinguishing systems sprinklers, and other systems pertinent to the project shall b to the Fire Department for approval prior to construction.
57. Prior to issuance of a building permit, the applicant shall s scale map of the project subject to the approval of the Fire
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PASSED, APPROVED7 AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 7th daj
1989, by the following vote, to wit:
AYES : Chairman Hall, Commissioners: Schlehuber, Schri Erwin & Marcus.
NOES : None.
ABSENT: None.
ABSTAIN: Commissioners: McFadden & Holmes.
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLBILLEW PLANNING DIRECTOR
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