Loading...
HomeMy WebLinkAbout1989-06-21; Planning Commission; Resolution 288171 e e 1 2 3 4 5 6 7 8 PLANNING COMMISSION RESOLUTION NO. 2881 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBl CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP/PLANF UNIT DEVELOPMENT TO DEVELOP A 5 LOT/4 DWELLING UNIT PROJECT PROPERTY LOCATED ALONG THE NORTH SIDE OF LOCUST STREET, ONE I WEST OF ADAMS STREET. APPLICANT: KLETT CASE NO.: CT 88-8/PUD 88-9 WHEREAS, a verified application for certain property to wit: Lot 7 in Block "A" of resubdivision of portions of Tracts 238 a 243 of Thum Lands, in the City of Carlsbad, County of San Dies State of Cal i fornia, according to Map thereof No. 2103 filed the office of the County Recorder of San Diego April 13, 1928 9 has been filed with the City of Carl sbad and referred to the 10 Commission; and 11 Title 21 of the Carlsbad Municipal Code; and 12 WHEREAS, said verified application constitutes a request as pr and 15 a duly noticed public hearing as prescribed by law to consider said 14 WHEREAS, the Planning Commission did, on the 21st day of June, 1 13 16 testimony and arguments, if any, of all persons desiring to be he, 17 WHEREAS, at said public hearing, upon hearing and considc P1 anned Unit Development. 19 Commission considered all factors relating to the Tentative Tract 18 20 fol 1 ows; 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anning Comm' 22 subject to the following conditions: 24 Commission APPROVES CT 88-8/PUD 88-9, based on the following fin1 B) That based on the evidence presented at the public hear 23 A) That the above recitations are true and correct. 25 26 27 28 Fi ndi nas: 1. The project is consistent with the City's General Plan since the density of 8.16 du's/acre is within the density range of 8-15 c specified for the site as indicated on the Land Use Elemeni General Plan, and is at or below the growth control point of 1: ,A 0 0 1 2 3 4 5 6 7 8 9 10 11 2. The site is physically suitable for the type and densir development since the site is adequate in size and shape to a residenti a1 development at the density proposed. 3. The Planning Commission has, by inclusion of an appropriate co this project, ensured that the final map will not be approved City Council finds that sewer service is avail ab1 e to serve th In addition, the Planning Commission has added a condition tl shall be placed on the final map that building permits may not for the project unless the City Engineer determines that sew1 is available, and building cannot occur within the project un service remains available, and the Planning Commission is sati: the requirements of the Public Facilities Element of the Ger have been met insofar as they apply to sewer service for this 4. School fees will be paid to ensure the avail abil i ty of school . in the Carlsbad School District. 5. Park-in-lieu fees are required as a condition of approval. 6. All necessary public improvements have been provided or will bt as conditions of approval. 12 7. The appl icant has agreed and is required by the incl usi that contract and payment of the fee will enable this body to 13 appropriate condition to pay a public facilities fee. Perfa public facilities will be available concurrent with need as rc 14 the General P1 an. 15 8. Assurances have been given that adequate sewer for the projec 16 9. The proposed project is consistent with the City's Planned De 17 Ordinance and also complies with the Design Guidelines Manual. 18 10. The proposed project is compatible with the surrounding future 19 on the General P1 an. 20 11. This project will not cause any significant environmental impa Negative Declaration has been issued by the P1 anning Director approving this Negative Declaration the Planning Commis measures and any written comments received regarding the si1 provided by the City of Carl sbad. since surrounding properties are designated for residential de 21 considered the initial study, the staff analysis, all required IT 22 29, 1989 and approved by the Planning Commission on June 21, 12. The appl icant is by condition, required to pay any increase 24 effects this project could have on the environment. 23 facility fee, or new construction tax, or development fees, 25 agreed to abide by any additional requirements established b! Facilities Management Plan prepared pursuant to Chapter 21.2 26 Carlsbad Municipal Code. This will ensure continued availal 27 28 PC RES0 NO. 2881 -2- ,I e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I public facilities and will mitigate any cumulative impacts crei project. 13. This project is consistent with the City's Growth Management as it has been conditioned to comply with any requirement ai part of the Local Facilities Management Plan for Zone 1. 14. The project is in compliance with the Mello I1 Local Coastal Pr Use Plan as discussed in the staff report. P1 anninq Conditions 1. Approval is granted for CT 88-8/PUD 88-9, as shown on Exhibits dated Apri 1 3, 1989, incorporated by reference and on f i' P1 anning Department. Development shall occur substantially unless 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 the Commission. The tentative map shall reflect the conditions 0.1 by the City. The map copy shall be submitted to the City Engir to issuance of building permits or improvement plan submittal, occurs first . 3. A 500' scale map of the subdivision shall be submitted to the 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 the shall not be approved unless the City Council finds as of thl such approval that sewer service is avail able to serve the sub .. 5. This project is also approved under the express condition applicant pay the public facilities fee adopted by the City C July 28, 1987 and as amended from time to time, and any develop established by the City Council pursuant to Chapter 21.90 of thc Municipal Code or other ordinance adopted to implement management system or facilities and improvement plan and to fu subdivider's agreement to pay the public facilities fee dated Oc - .~ 20 6. The applicant shall pay park-in-lieu fees to the City, pric 21 1988. approval of the final map as required by Chapter 20.44 of the 22 Mun i c i pal Code. 23 7. The applicant shall provide school fees to mitigate condi 24 overcrowding as part of building permit appl ication. These fc be based on the fee schedule in effect at the time of buildil 25 26 27 PC RES0 NO. 2881 -3- appl i cati on + //// 28 .. 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 8. Water shall be provided to this project pursuant to the Wat agreement between the City of Carlsbad and the Costa Real Water dated May 25, 1983. 9. This project shall comply with all conditions and mitigation r the Zone 1 Local Facil ities Management P1 an approved by the Ci on September 1, 1987, incorporated herein and on file in thc i ssuance of bui 1 di ng permits. Department and any future amendments to the Plan made pri 10. If any condition for construction of any public improv facilities, or the payment of any fees in lieu thereof, imposc approval or imposed by law on this project are challenged thi: shall be suspended as provided in Government Code Section 65! any such condition is determined to be invalid this approval invalid unless the City Council determines that the project w' condition complies with all requirements of law. 11. Approval of this request shall not excuse compliance with al' of the Zoning Ordinance and all other applicable City ordi effect at time of building permit issuance. 12. The applicant shall provide the following note on the final n subdivision and final mylar of this development submitted to i "Chapter 21.90 of the Carlsbad Municipal Code establishes Management Control Point for each General Plan 1 and use de: Development cannot exceed the Growth Control Point except as pt Chapter 21.90. The land use designation for this developmen' The Growth Control Point for this designation is 11.5 dwelling nonconstrained acre. 13. The appl icant shall establ ish a homeowner's association and corr I to and approved by the Planning Director prior to final map aF covenants, conditions and restrictions. Said CC&R's shall be 18 19 20 21 22 23 24 25 14. 15. 16. All roof appurtenances, including air conditioners, s architecturally integrated and concealed from view and the sound from adjacent properties and streets, pursuant to Building D Policy No. 80-6, to the satisfaction of the Directors of Pla Building. The appl icant shall prepare a detailed 1 andscape and irriga' to the issuance of grading or building permits, whichever OCCU' A master plan of the existing onsite trees shall be provide Planning Director as part of the final grading plan to determ trees shall be required to be preserved prior to the issua grading permit or a building permit, whichever occurs first. which shall be submitted to and approved by the Planning Direc 26 27 //// PC RES0 NO. 2881 -4- 28 L. 0 e I ll 17. All 1 andscaped areas shall be maintained in a heal thy an( condition, free from weeds, trash, and debris. 2 3 4 5 6 7 8 9 10 11 J.J. 12 13 14 15 16 17 18. The developer shall install street trees at the equivalent intervals along all public street frontages in conformance wi Carl sbad standards. The trees shall be of a variety selectec approved Street Tree List. 19. Any signs proposed for this development shall at a minimum b in conformance with the City's Sign Ordinance and shall requ and approval of the Planning Director prior to installatio signs. 20. Building identification and/or addresses shall be placed on a existing buildings so as to be plainly visible from the street road; color of identification and/or addresses shall contrasl background col or. 21. This project is approved subject to the condition that the 6' ' proposed along the east and west property 1 ines be reduced to in height within the front yard setback area. 22. Prior to the recordation of the final map, the project shall Coastal Development Permit that approves development th; substantial conformance with this City approval. Enqineerinq Conditions: 23. The developer shall provide the City with a reproducible 24" ) scale mylar copy of the tentative map as approved by the Commission. The tentative map shall reflect the conditions 01 , by the City. The map copy shall be submitted to the City Engit i to issuance of building permits or improvement plan submittal, j occurs first . 18 24. Prior to hauling dirt or construction materials to any developer shall comply with all conditions and requirements construction site within this project the developer shall subn Engineer may impose with regards to the hauling operation. 19 receive approval from the City Engineer for the proposed haul rl 2o I 21 22 23 24 25 25. Additional drainage easements and drainage structures shall bk or installed as may be required by the City Engineer. 26. The developer shall make an offer of dedication to the CitJ public streets and easements required by these conditions or shc tentative map. The offer shall be made by a certificate on the for this project. A1 1 1 and so offered shall be granted to the and clear of all 1 iens and encumbrances and without cost to Streets that are already public are not required to be rededic 26 /j //// 27 11 PC RES0 NO. 2881 -5- 28 L' I! 0 0 27. Locust Street shall be dedicated by the developer along the s conformance with City of Carl sbad Standards prior to occupar 1 bui 1 dings . 2 frontage based on a center line to right-of-way width of 30 f 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28. Plans, specifications, and supporting documents for all im shall be prepared to the satisfaction of the City Engineer. approval of the final map, the Subdivider shall install, or install and secure with appropriate security as providec improvements shown on the tentative map and the following im to City Standards to the satisfaction of the City Engineer. A. Half-street improvements plus 13 feet of additional pave1 the subdivision frontage of locust Street to local street : including the additional pavement for a temporary turn shown on the tentative map. B. Offsite Locust Street from Adam Street to the project sit to provide a 15 foot wide roadway with an asphalt berm a1 sidewalk to the north plus 13 feet of additional pavemc: south including transitions as may be required. ~ 29. Improvements 1 isted above shall be constructed within 12 month: map approval and/or improvement plan approval, whichever OCCUI 30. Unless a standard variance has been issued, no variance Standards is authorized by virtue of approval of this tentati\ 31. The developer shall construct private street accesses to publ i in such a way as to clearly designated that the private street a portion of the publ ic street system. The developer shall plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS F the access point to private streets from public streets. The the sign shown above shall be capital letters of a size and con1 as to be readable for a normally sighted person at a distance oi The provisions of this condition shall be met to the satisfacti City Engineer prior to issuance of a Certificate of Occupanc: portion of this project. 32. The developer shall install street 1 ights along a1 1 publ ic an street frontages in conformance with City of Carlsbad Standard 33. The developer shall comply with all the rules, regulations a requirements of the respective sewer and water agencies services to the project. 34. This project is approved specifically as 1 (single) phase. 35, The design of all private streets and drainage systems shall be by the City Engineer prior to approval of the final map for this The structural section of all private streets shall conform tl Carl sbad Standards based on R-Val ue tests. A1 1 private st1 PC RES0 NO. 2881 -6- 28 a 0 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 drainage systems shall be inspected by the City, and tht improvement plan check and inspection fees shall be paid approval of the final map for this project. 36. The developer shall provide an acceptable means for mainti easements within the subdivision and all the streets, sidewal to distribute the costs of such maintenance in an equi tab1 e ma the owners of the units within the subdivision. lights, storm drain facilities and sewer facilities located t 37. A1 1 private driveways shall be kept clear of parked vehicl times, and shall have posted "NO Parking/Fire Lane Tow A pursuant to Section 17.04.040, Carlsbad Municipal Code. 38. The Subdivider shall provide separate sewer, water, gas, an( services with meters to each of the units. 39. The developer shall be responsible for coordination with : Pacific Telephone, and Cable TV authorities. 40. Prior to approval of any grading or building permits for thi$ the owner shall give written consent to the annexation of the i within the boundaries of the site plan into the existing City 0' Street Lighting and Landscaping District No. 1. 41. Approval of this tentative tract map shall expire twenty-four mc the date of City Council approval unless a final map is reco extension may be requested by the applicant. Said extension approved or denied at the discretion of the City Council. In an extension, the City Council may impose new conditions and IT existing conditions. 16 42. Rain gutters shall be installed on all homes which directs the 17 to the front of the property onto a hard impervious surface and the private street. 18 43. Prior to final map approval, the developer shall grant a Cov boundary of parcels 1, 2 and 3. The Covenant for Easement shall 19 and the recording information called out on the final map. 20 Easement for the 5' wide private drainage easement along the 21 44. Prior to final map approval the developer shall pay or enter agreement with the City to pay for any drainage area fees estab 22 a result of the forthcoming Master Drainage Plan Update. 23 45, The developer shall enter into an agreement to pay fees undergrounding of all existing overhead utility lines along the 24 of the subdivision prior to final map approval. 25 46. An additional fire hydrant shall be constructed at the location 26 27 PC RES0 NO. 2881 -7- the tentative map. 28 .- 0 0 47. A1 1 required fire hydrants 3 water mains and appurtenances 1 operational prior to combustible building materials being locl project site. 2 3 4 5 6 7 8 9 48. The developer shall place an address sign adjacent to tl driveway serving the project and Locust Street listing a addresses. The script on the sign shall be of a size and cor as to be readable for a normally sighed person at a distance 4 The provisions of this condition shall be met to the satisfacl City Engineer prior to the issuance of a Certificate of Occupal portion of this project. Costa Real Conditions: 49. Prior to the issuance of building permits, the entire wa' improvement plans must be evaluated in detail to ensure tha capacity for domestic landscaping, and fire flow demands are and resolved. 10 50. Prior to the issuance of building permits, the applicant's engi domestic water flows. The applicant shall be responsible for be required to schedule a meeting with the District's Engine1 11 costs associated with providing said water service. 12 City Fire Marshall in order to review minimal requirements fo 13 project site. 19 54, All required fire hydrants, water mains and appurtenances 18 53. An all -weather access road shall be maintained throughout con! 17 necessary by the Fire Marshal. 16 15 51. Prior to the issuance of building permits, complete building p 14 Fire Conditions: be submitted to and approved by the Fire Department. 52. Additional public and/or onsite fire hydrants shall be provided operational prior to combustible building materials being local 2o i 55. Brush clearance shall be maintained according to the speci contained in the City of Carl sbad Landscape Guide1 ines Manual 21 22 23 24 25 26 27 56. All fire alarm systems, fire hydrants, extinguishing systems, sprinklers, and other systems pertinent to the project shall be to the Fire Department for approval prior to construction. 57. Building exceeding 10,000 sq. ft. aggregate floor area sprinklered or have four-hour fire walls with no openings ther shall split the building into 10,000 sq. ft. (or less) areas. //// PC RES0 NO. 2881 -8- 28 , ' .- ii 6 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regul ar meeting of th, Commission of the City of Carlsbad, California, held on the 21st da 1989, by the following vote, to wit: AYES : Chairman Hall, Commissioners: Schlehuber, I McFadden, Holmes, Schramm & Erwin. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: CARLSBAD PLANNING COMMISSION PLANNING DIRECTOR PC RES0 NO. 2881 -9-