HomeMy WebLinkAbout1989-07-19; Planning Commission; Resolution 28911
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PLANNING COMMISSION RESOLUTION NO. 2891
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SEVEN UNIT DUPLEX PROJECT ON PROPERTY GENERALLY LOCATED ON A 1.57 ACRE SITE SOUTH OF KNOWLES AVENUE BETWEEN DAVIS AVENUE AND INTERSTATE 5. APPLICANT: LEWIS/ELSBREE CASE NO.: CT 88-6/PUD 88-7
WHEREAS, a verified application for certain property to wit:
Lots 7 through 12 exclusive and Block 13 of Sunny Slope tract in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 486 filed in the office of the County Recorder of San Diego County April 7, 1888.
has been filed with the City of Carl sbad and referred to the P1 anning
Commission; and
WHEREAS, said verified application constitutes a request as provided
by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of July, 1989,
hold a duly noticed public hearing as prescribed by law to consider said
request; and
WHEREAS, at said public hearing, upon hearing and considering all
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 Planning Commission as
fol 1 ows :
A) That the above recitations are true and correct.
B) That based on the evidence presented at the pub1 ic hearing, the Commission recommends APPROVAL of CT 88-6/PUD 88-7, based on the foll owing findings and subject to the following conditions:
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Findinqs:
1. The project is consistent with the City’s General P1 an. The proposed density of 4.56 du‘s/acre is below the density range of 8-15 du’s/acre specified for the site as indicated on the Land Use Element of the General Plan, and is below the growth control point of 11.5 dus/acre. The project site is between residential low medium and residential medium high land use designations. As such the project‘s density provides a transition between higher intensity land uses to the east and south and lower intensity land uses to the west and north.
2. The site is physically suitable for the type and density of the development since the site is relatively flat and has adequate dimensions to accommodate the duplex dwell ings.
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 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.
4. School fees will be paid to ensure the availability of school facilities in the Carlsbad School District.
l 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 will be available concurrent with need as required by the General P1 an.
8. Assurances have been given that adequate sewer for the project will be
~ 9. The proposed project is consistent with the City’s Planned Development
provided by the City of Carlsbad.
Ordinance and also complies with the Design Guidelines Manual.
10. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on March
29, 1989 and approved by the Planning Commission on July 19, 1989. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures
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and any written comments received regarding the significant effects this
project could have on the environment.
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.
Planninq Conditions:
1. Approval is granted for CT 88-6/PUD 88-7, as shown on Exhibi t(s) "A" -
"E", dated March 13, 1989, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x 36", 100
scale mylar copy of the tentative map and site plan as approved by the Planning Commission. The tentative map and site plan shall reflect the
conditions of approval by the City. The map and plan copy shall be
submitted to the City Engineer prior to issuance of building permits or
improvement plan submittal, whichever occurs first.
3. This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision.
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
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 September 27, 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 will be
void.
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
Municipal Code.
6. 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.
7. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
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This project shall comply with all conditions and mitigation required by the Zone 1 Local Facil i ties Management P1 an approved by the City Council on September 1, 1987, incorporated herein and on fi 1 e in the P1 anni ng Department and any future amendments to the Plan made prior to the issuance of building permits.
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 1 aw 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.
Approval of this request shall not excuse compl i ance with a1 1 sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
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 Planning Director prior to final map approval.
A1 1 roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building.
An exterior lighting plan including parking areas shall be submitted Planning Director approval. All lighting shall be designed to ref downward and avoid any impacts on adjacent homes or property.
for 1 ect
No outdoor storage of material shall occur onsite unless required by Fire Chief. In such instance a storage plan will be submitted approval by the Fire Chief and the Planning Director.
the for
The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first.
All parking lot trees shall be a minimum of 15 gallons in size.
All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs.
Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access
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road; color of identification and/or addresses shall contrast to their background col or.
This project is being approved as a condominium permit for residential home ownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. A condition so stating this shall be placed in the CC&R's for the project.
The developer shall di spl ay a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets.
Prior to recordation of the first final tract/parcel map or issuance of building permits whichever is first, the owner/developer shall prepare and record a notice that this property may be subject to impacts from the proposed or existing Interstate 5 Transportation Corridor in a matter meeting the approval of the Planning Director and City Attorney.
Prior to issuance ofgrading/demolition/building permits, whichever occurs first, the developer shall offer, free of all liens and encumbrances, the existing residential structures on the site to the Historical Society. The developer shall also provide the society with monies equal to the cost of demolition of the two structures if and only if the Historical Society can remove the buildings from the project site. The Historical Society must remove the buildings from the site in a time and manner that will not delay or burden development of the site as per this Resolution.
Enqineerinq Conditions:
PC RES0 NO. 2891
The developer shall provide the City with a reproducible 24" x 36", 100 scale mylar copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs f i rst .
This project has been reviewed for conformancy with the grading ordinance and found to be a project for which a grading permit is required. Prior to any building permits being issued for the site a grading plan in conformance with City Standards and Section 11.06 of the Carlsbad Municipal Code must be submitted, approved and grading work must be completed to the satisfaction of the City Engineer. All slopes within this project shall be graded no steeper than two horizontal to one vertical unless specifically approved otherwise pursuant to these conditions.
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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 compl iance with Chapter 11.06 of the Carl sbad Municipal Code.
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.
Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
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 the final map for this project.
Prior to approval of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage P1 an Update.
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 all 1 iens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
Knowles Avenue shall be dedicated by the developer along the subdivision frontage based on a center line to right-of-way width of 28 feet and in conformance with City of Carl sbad Standards prior to final map approval.
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
a) Sidewalk improvements along the subdivision frontage of Know1 es Avenue including a wheel chair ramp at the corner of Knowles Avenue and Lewis Lane.
b) Water mains, fire hydrant and sewer line.
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Improvements listed above shall be constructed within 12 months of final map approval and/or improvement plan approval, whichever occurs first.
Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map.
The developer shall construct private street accesses to public streets in such a way as to clearly designated that the private streets are not a portion of the pub1 ic street system. The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT", at the access point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20 feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project.
The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
This project is approved specifically as 1 (single) phase.
The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-Val ue tests. A1 1 private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project.
The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision.
The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities.
Prior to approval of the final map 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.
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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.
The developer shall enter into an agreement to pay fees for undergrounding of a1 1 existing overhead uti 1 i ty 1 i nes a1 ong the boundary of the subdivision prior to final map approval.
Prior to final map approval, the developer shall grant a pub1 ic easement for any additional right-of-way necessary for the construction of the wheelchair ramp at the corner of Knowles Avenue and Lewis Lane.
Fire Conditions:
50. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site.
51. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction.
52. Provide 400' scale photo reduction or mylar in accordance with specifications available at the Fire Department for City mapping purposes.
Water Conditions:
53. The entire water system for the subject project should be evaluated in detail to ensure that adequate capacity for domestic, landscaping and fire flow demands are met.
54. The developer's engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans.
55. The developer will be responsible for a1 1 fees and deposits plus the major facility charge which will be collected at the time of issuance of building permit.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1 anning
Commission of the City of Carlsbad, California, held on the 19th day of July,
1989, by the following vote, to wit:
AYES: Chairman Hall , Commissioners: Schlehuber, Schramm, Erwin, Holmes & Marcus.
NOES : None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST :
PLANNING DIRECTOR
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