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HomeMy WebLinkAbout1989-08-02; Planning Commission; Resolution 2885e e 1 2 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 28 PLANNING COMMISSION RESOLUTION NO. 2885 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARL: CALIFORNIA, APPROVING A NINE LOT TENTATIVE MAP AND PLANNED DEVELOPMENT ON PROPERTY GENERALLY LOCATED NORTH OF LEVANTE SI AND WEST OF LA COSTA AVENUE. APPLICANT: ROBERT CAMPBELL CASE NO.: CT 89-1/PUD 89-1 WHEREAS, a verified application for certain property to wit: Lot 229 of La Costa Vale Unit No. 1, in the City of Carl c County of San Diego, State of Cal i fornia, according to map thE No. 7457, fi 1 ed in the office of the County Recorder of San I: County, October 18, 1972, has been filed with the City of Carlsbad and referred to thl Commission; and WHEREAS, said verified application constitutes a request as [ Title 21 of the Carl sbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of July, the 2nd day of August, 1989 hold a duly noticed public hearing as by law to consider said request; and WHEREAS, at said public hearing, upon hearing and consic testimony and arguments, if any, of all persons desiring to be h Commission considered all factors relating to the Tentative Trac P1 anned Unit Devel opment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anning Corn1 fol 1 ows : A) That the above recitations are true and correct. B) That based on the evidence presented at the public heal Commission APPROVES CT 89-1/PUD 89-1, based on the following f- subject to the following conditions: Findinqs: 1. The project is consistent with the City’s General P1 an since tb density of 10 du’s/acre is within the density range of 8-15 General P1 an, and is at or bel ow the growth control point of specified for the site as indicated on the Land Use Elemc 1 2 3 4 5 6 7 8 9 1C 11 12 12 14 1E I( IS 1E 1s 2( 21 2: 2: 24 2: 2c 2: 2E 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 project is consistent with all City public facility policies and ordinances since: a. b. C. d. e. 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 San Dieguito High School and Encinitas School Districts. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant 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 Plan. 4. The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. 5. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. 6. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 19, 1989 and approved by the Planning Commission on August 2, 1989. 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. PC RESO NO. 2885 -2- 0 0 1 2 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 28 7. The appl icant is by condition, required to pay any increasc facility fee, or new construction tax, or development fee agreed to abide by any additional requirements established Facil i ties Management P1 an prepared pursuant to Chapter 21 Carlsbad Municipal Code. This will ensure continued avai' public facilities and will mitigate any cumulative impacts crc project e 8. This project is consistent with the City's Growth Managemen as it has been conditioned to comply with any requirement part of the Local Facilities Management Plan for Zone 6. Conditions: 1. Approval is granted for CT 89-1/PUD 89-1, as shown on Exhib "G", dated August 2, 1989 and Exhibits I'B"-''F'', dated Junc incorporated by reference and on file in the P1 anning Development shall occur substantially as shown unless otherwi these conditions. 2. The developer shall provide the City with a reproducible 24" scale mylar copy of the Tentative Map as approved by tt Commission. The Tentative Map shall reflect the conditions by the City. The Plan 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 build will not be issued for development of the subject prope assurances of the avail abil i ty of sewer faci 1 i ties have been g Leucadia County Water District in writing. 5. This project is also approved under the express conditio applicant pay the public facilities fee adopted by the City July 28, 1987 and as amended from time to time, and any devel establ ished by the City Council pursuant to Chapter 21.90 of t Municipal Code or other ordinance adopted to implement management system or facilities and improvement plan and to subdivider's agreement to pay the public facilities fee dat, 16, 1988, a copy of which is on file with the City Clc incorporated by this reference. If the fees are not application will not be consistent with the General P1 an and a this project will be void. 6. The applicant shall pay park-in-lieu fees to the City, pr approval of the final map as required by Chapter 20.44 of tl Municipal Code. PC RES0 NO. 2885 -3- e 0 1 2 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 28 7. The applicant shall provide school fees to mitigate con( overcrowding as part of building permit application. These be based on the fee schedule in effect at the time of build appl i cat i on. 8. Prior to recordation of the first final tract/parcel map or i building permits, whichever is first, the owner shall prepare a notice that this property may be subject to impacts from tt or existing Transportation Corridor in a manner meeting the ; the Planning Director and City Attorney (See form Noise 1). 9. Water shall be provided by the Olivenhain Municipal Water Di: 10. This project shall comply with all conditions and mitigation 1 the Zone 6 Local Facil i ties Management P1 an approved by the C, on September 2, 1987, incorporated herein and on file in tt Department and any future amendments to the Plan made pr issuance of building permits. P1 anni nq : 11. If any condition for construction of any public impro, facilities, or the payment of any fees in lieu thereof, impo: approval or imposed by law on this project are challenged th. shall be suspended as provided in Government Code Section 6t any such condition is determined to be invalid this approva invalid unless the City Council determines that the project \ condition compl ies with a1 1 requirements of 1 aw. 12. Approval of this request shall not excuse compliance with a’ of the Zoning Ordinance and all other applicable City orc effect at time of building permit issuance. 13. All roof appurtenances, including air conditioners, 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. 14. The appl icant shall establ ish a homeowner’s association and co covenants, conditions and restrictions. Said CC&R’s shall b to and approved by the Planning Director prior to final map 15. An exterior lighting plan including parking areas shall be su Planning Director approval. All lighting shall be designed downward and avoid any impacts on adjacent homes or property 16. The appl icant shall prepare a detailed 1 andscape and irri! which shall be submitted to and approved by the Planning Dir to the issuance of grading or building permits, whichever oc .... PC RES0 NO. 2885 -4- e a 1 2 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 28 17. All landscaped areas shall be maintained in a healthy an condition, free from weeds, trash, and debris. 18. Any signs proposed for this development shall at a minimum I in conformance with the City’s Sign Ordinance and shall req and approval of the P1 anning Director prior to instal 1 ati signs . 19. Building identification and/or addresses shall be placed on existing buildings so as to be plainly visible from the stree road; color of identification and/or addresses shall contra background col or. 20. The developer shall display a current Zoning and Land Use sales office at all times, or suitable alternative to the s of the P1 anni ng Director. 21. All sales maps that are distributed or made avail able to the p include but not be limited to trails, future and existing scho and streets. Enqineerinq: 22. The Subdivider shall provide separate sewer, water, gas, a services with meters to each of the units. 23. No grading permits shall be issued for this subdivisiol recordation of the final map. 24. This project has been reviewed for conformancy with the gradir and found to be a project for which a grading permit is requi to any building permits being issued for the site a grad. conformance with City Standards and Section 11.06 of tl Municipal Code must be submitted, approved and grading w( completed to the satisfaction of the City Engineer. All sl this project shall be graded no steeper than two horizor vertical unl ess speci f i call y approved otherwi se pursuanl conditions. 25. Landscape drains and roof gutters shall be used on all units subdivision, 26. Prior to approval of the final map the developer shall pay 01 an agreement with the City to pay for a proportional st drainage area fees established as a result of the forthco Drainage P1 an Update. 27. Additional drainage easements and drainage structures shall or installed as may be required by the City Engineer. .... PC RES0 NO. 2885 -5- 1 2 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 28 e 0 28. The developer shall be responsible for the reconstruction or any public improvements along the frontage of this project f defective or in need of repair during the development of thi! 29. Unless a standard variance has been issued, no variance Standards is authorized by virtue of approval of this tentat. 30. The developer shall comply with all the rules, regulations requirements of the respective sewer and water agencies services to the project. 31. This project is approved specifically as 1 (single) phase. 32. The developer shall be responsible for coordination with S Pacific Telephone, and Cable TV authorities. 33. Approval of this tentative tract map shall expire twenty-four from the date of City Council approval unless a final map is An extension may be requested by the applicant. Said exter be approved or denied at the discretion of the City COL approving an extension, the City Council may impose new con( may revise existing conditions. Fire: 34. Additional public and/or onsite fire hydrants shall be provide necessary by the Fire Marshal. 35. An all-weather access road shall be maintained throughout COI 36. All required fire hydrants, water mains and appurtenance! operational prior to combustible building materials being loc project site. 37. Brush clearance shall be maintained according to the spec contained in the City of Carlsbad Landscape Guide1 ines Manua 38. 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. 39 - Any additional 1 andscape proposed for the driveway must be 1 in; perimeter and entrance area. Traffic lanes at the entra constructed to not less than 12’ for a maximum distance of feet. .... .... .... PC RES0 NO. 2885 -6- e 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of thc 1 2 Commission of the City of Carlsbad, California, held on the 2nd day 1989, by the following vote, to wit: 3 4 AYES: Chairman Hall, Commissioners: Schlehuber, Holmes & Marcus. 5 NOES: Commissioners: McFadden & Schramm. 6 ABSENT: None. 7 ABSTAIN: Commissioner Erwin. 8 9 10 MATTHEW HALL, Chairman CARLSBAD PLANNING COMMISSION 11 12 ATTEST: 13 PLANNING DIRECTOR 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 (1 PC RES0 NO. 2885 -7- 28