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HomeMy WebLinkAbout1989-10-18; Planning Commission; Resolution 2931m e 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. 2931 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARL5 CALIFORNIA, APPROVING A TENTATIVE TRACT MAP ON PROPERTY GENEF LOCATED ON THE WEST SIDE OF JAMES DRIVE AND NORTH OF BAS: APPLICANT: MALDONADO AVENUE IN THE R-1 ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NO.: CT 89-14 WHEREAS, a verified application for certain property to wit: That portion of Tract 123 of Carlsbad Lands, in the Cit: Carlsbad, County of San Diego, according to the Map 1661, reca on March 1, 1915. has been filed with the City of Carl sbad and referred to thc Commission; and WHEREAS, said verified application constitutes a request as F Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of Octo hold a duly noticed publ ic hearing as prescribed by 1 aw to con! request; and WHEREAS, at said public hearing, upon hearing and consic testimony and arguments, if any, of all persons desiring to be hl Commission considered all factors relating to the Tentative Trac P1 anned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comn fol 1 ows : A) That the above recitations are true and correct. B) That based on the evidence presented at the public hea Commission recommends APPROVAL of CT 89-14, based on the findings and subject to the following conditions: Findinqs: 1. The project is consistent with the City's General P1 an. Thl density exceeds the density allowed by the growth control PO. consistent with the General Plan because all the publ ic faci' Zone 1 are in place and adequate given adopted performance stan 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * 0 ! units in excess of the growth control point are allowed given 1 of dwelling units allocated for the northwest quadrant and tt project is a single family subdivision on an infill lot maintain a high degree of compatibility with the surrounding proposed density of 4.09 du/acre exceeds the allowed density 1 4 du/acre as allowed by the Land Use Element of the General PI the proposed project is consistent with all regulations, po general land uses of the area and the project's density does 25% of the maximum density allocation provided by the under 7500 Zone and the RLM General Plan Designation. 2. The site is physically suitable for the type and densi development since the site is adequate in size and shape to a residential development at the density proposed. ordinances since! 3. The project is consistent with all City public facility PO a. The Planning Commission has, be inclusion of an a condition to this project, ensured that the final map w approved unless the City Council finds that sewer 5 available to serve the project. In addition, the Commission has added a condition that a note shall be pla final map that building permits may not be issued for t unless the City Engineer determines that sewer service is and building cannot occur within the project unless sew remains available, and the Planning Commission is satisfif requirements of the Public Facilities Element of the Ge. have met insofar as they apply to sewer service for this b. School fees will be paid to ensure the availability facilities in the Carlsbad School District. c. Park-in-lieu fees are required as a condition of approva 4. All necessary public improvements have been provided or will b as conditions of approval . 5. The appl icant has agreed and is required by the incl us', appropriate condition to pay a public facilities fee. Perf( that contract and payment of the fee will enable this body to public facilities will be available concurrent with need as rl the General Plan. 6. The proposed project is compatible with the surrounding future since surrounding properties are designated for Residential I development on the General P1 an. 7. This project will not cause any significant environmental imp Negative Declaration has been issued by the P1 anning Director o 1989 and recommended for approval by the Planning Commission ( 18, 1989. In approving this Negative Declaration the Planning ( has considered the initial study, the staff analysis, all reql PC RES0 NO. 2931 -2- k 'I 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~ 28 I ~ ~ mitigation measures and any written comments received reg significant effects this project could have on the environmel 8. The appl icant is by condition, required to pay any increase facility fee, or new construction tax, or development fee: agreed to abide by any additional requirements established Facilities Management Plan prepared pursuant to Chapter 21 Carlsbad Municipal Code. This will ensure continued avail public facilities and will mitigate any cumulative impacts crel project. 9. This project is consistent with the City's Growth Management as it has been conditioned to comply with any requirement a part of the Local Facilities Management Plan for Zone 1. Conditions: 1. Approval is granted for CT 89-14, as shown on Exhibit "A", dal 18, 1989, incorporated by reference and on file in thc Department. Development shall occur substanti a1 ly as shl otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x copy of the Tentative Map as approved by the Planning Commis Tentative Map shall reflect the conditions of approval by the Map copy shall be submitted to the City Engineer prior to i building permits or improvement plan submittal, whichever occ 3. A 500' scale map of the subdivision shall be submitted to th 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 t such approval that sewer service is available to serve the su 5. This project is approved upon the express condition that buildi will not be issued for development of the subject property City Engineer determines that sewer facilities are available a of application for such sewer permits and will continue to be until time of occupancy. This note shall be placed on the f i 6. This project is also approved under the express condition applicant pay the public facilities fee adopted by the City July 28, 1987 and as amended from time to time, and any devela established by the City Council pursuant to Chapter 21 -90 of tt Municipal Code or other ordinance adopted to implement management system or facilities and improvement plan and to f- 1989, a copy of which is on file with the City Clerk and is in by this reference. If the fees are not paid this application subdivider's agreement to pay the public facilities fee dat PC RES0 NO. 2931 -3- I ll 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 ~ I 28 be consistent with the General P1 an and approval for this pr be 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 tt Muni ci pal Code. 8. The applicant shall provide school fees to mitigate con1 be based on the fee schedule in effect at the time of build appl icati on. overcrowding as part of building permit appl i cation. These 9. Water shall be provided to this project pursuant to the Wat agreement between the City of Carlsbad and the Carlsbad Munic District, dated May 25, 1983. 10. This project shall comply with all conditions and mitigation 1 the Zone 1 Local Facilities Management Plan approved by the C' on September 1, 1987, incorporated herein and on file in th Department and any future amendments to the Plan made pr. issuance of building permits. 11. If any condition for construction of any public improv facilities, or the payment of any fees in lieu thereof, impos 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 approva invalid unless the City Council determines that the project w condition complies with all requirements of law. 12. Approval of this request shall not excuse compliance with a1 of the Zoning Ordinance and all other applicable City ord effect at time of building permit issuance. 13. The southern property line of Lot 6 separating the existing sin residence from Lot 6 must be shifted a minimum of 4 feet no provide a minimum rear yard setback of 17 feet for the existing on the northwest corner of James Drive and Basswood Aven adjustment may be shown on the Final Map. 1 14. The developer shall install street trees at the equivalent intervals along all public street frontages in conformance wi Carlsbad standards. The trees shall be of a variety selecte approved Street Tree List. i I ~ 15. As part of the plans submitted for building permit plan I applicant shall include a reduced version of the resol ut ion/resol uti ons on a 24" x 36" bl uel ine drawing. 1 16. Prior to issuance of a grading or building permit, whichever co a soils report shall be prepared and submitted to the City of If the soils report indicates the presence of potential fossi ~ PC RES0 NO. 2931 -4- I! 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 material then a standard two phased program, on file in th Department, shall be undertaken to avoid possible significant paleontological resources under the direction of the Planning C 17. The lot line between Lot 4 and Lots 5 and 6 shall be moved in i direction as far as feasible to the satisfaction of thl Director. No lot shall be 1 ess than 7,500 square feet, nor 14,000 square feet. Ensi neeri nq: 18. Per State laws governing the associated James Drive Assessment a reapportionment of the assessments to the subject proper. applied for or the assessment must be paid off in full pr' approval of the Final Map. The applicant shall pay all associ of said reapportionment. The application shall be submitte Final Map. 19. No grading permits shall be issued for this subdivision recordation of the final map. 20. The developer shall obtain a grading permit prior to the comme any clearing or grading of the site. 21. The grading for this project is defined as "controlled g1 Section 11.06.170(a) of the Carlsbad Municipal Code. Gradin performed under the observation of a civil engineer whose resp it shall be to coordinate site inspection and testing cornpl iance of the work with the approved grading plan, submi reports to the City Engineer and verify compliance with Chaptc the Carlsbad Municipal Code. 22. No grading shall occur outside the 1 imits of the project bounc a letter of permission is obtained from the owners of thl properties. 23. All slopes within this project shall be no steeper than 2:l. 24, Additional drainage easements and drainage structures shall b or installed as may be required by the City Engineer. 25. Prior to approval of the final map the developer shall entc agreement with the City to pay any drainage area fees establ result of the forthcoming Master Drainage Plan Update. 26. The owner of the subject property shall execute a hold harmles: regarding drainage across the adjacent property prior to the a Final Map for this project. 27. 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, 01 PC RES0 NO. 2931 -5- 0 0 1 2 3 4 5 6 7 8 9 20 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~ 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. Sewer, water and drainage improvements as shown on the Map. 28. Improvements 1 isted above shall be constructed within 12 montt map approval and/or improvement plan approval, whichever occu 29. Unless a standard variance has been issued, no variance Standards is authorized by virtue of approval of this subdivi 30. The developer shall comply with all the rules, regulations I 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 provide an acceptable means for maint; easements within the subdivision and all the streets, sidewal lights, storm drain facilities and sewer facilities located tl to distribute the costs of such maintenance in an equitable mal the owners of the units within the subdivision. 33. All concrete terrace drains shall be maintained by the hc association (if on commonly owned property) or the individua' owner (if on an individually owned lot). An appropriate statement clearly identifying the responsibility shall be plal CC&R's. 34. The developer shall be responsible for coordination with ~ Pacific Telephone, and Cable TV authorities. 35. Approval of this tentative tract map shall expire twenty-four ml the date of City Council approval unless a final map is recc 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 I existing conditions. Fire Conditions: 36. An all -weather access road shall be maintained throughout con 37. All required fire hydrants, water mains and appurtenances operational prior to combustible building materials being loca project site. ~ 38. All private driveways shall be kept clear of parked vehicll times, and shall have posted "NO Parking/Fire Lane - Tow A pursuant to Section 17.04.040, Carlsbad Municipal Code, I PC RES0 NO. 2931 -6- 28 >- f A I1 a e 39. Fire retardant roofs shall be required on all structures. 40. Brush clearance shall be maintained according to the spec 1 2 contained in the City of Carlsbad Landscape Guidelines Manual 3 41. All fire alarm systems, fire hydrants, extinguishing systems, sprinklers, and other systems pertinent to the project shall be 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the 5 to the Fire Department for approval prior to construction. 6 October, 1989, by the following vote, to wit: 7 Commission of the City of Carlsbad, California, held on the 18 8 9 10 I1 12 13 14 AYES: Chairman Hall, Commissioners: Schlehuber, Schramm, E McFadden, Holmes & Marcus. NOES: None. ABSENT: None. ABSTAIN: None. 15 16 17 18 I MATTHEW HALL, Chairman CARLSBAD PLANNING COMMISSION ATTEST: 7 MICHAEL J. HOLmILLH PLANNING DIRECTOR 19 I 2o I 21 22 23 24 25 26 27 PC RES0 NO. 2931 -7- 28