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HomeMy WebLinkAbout1990-01-03; Planning Commission; Resolution 29560 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 PLANNING COMMISSION RESOLUTION NO. 2956 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSI CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT TO DEVELOP E' ZERO LOT LINE SINGLE FAMILY DETACHED RESIDENCES ON LOTS LESS - 7,500 SQUARE FEET ON PROPERTY GENERALLY LOCATED ON THE NORTH! OF UNICORNIO STREET BETWEEN CACATUA STREET AND CORINTIA STREE CASE NAME: UNICORNIO PATIO HOMES CASE NO.: PUD 89-8 WHEREAS, a verified application for certain property to wit: Lots 484 and 485 of La Costa Meadows Unit No. 3, in the Count. San Diego, State of California, according to Map thereof No. 7 filed in the office of the County Recorder of San Diego Cou October 6, 1971, has been filed with the City of Carl sbad and referred to the Commission; and WHEREAS, said verified application constitutes a request as p Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of Janu hold a duly noticed public hearing as prescribed by law to con: request; and WHEREAS, at said pub1 ic hearing, upon hearing and consid testimony and arguments, if any, of all persons desiring to be hc Commission considered all factors relating to the Planned Unit Deve NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comr fol 1 ows : A) That the above recitations are true and correct. B) That based on the evidence presented at the public hea Commission APPROVES PUD 89-8, based on the following findings a to the following conditions: Findinqs: 1. As discussed in the staff report, the project is in complianc design criteria and development standards of the Planned 0 Ordinance and the RD-M Zone. 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 2, As discussed in the staff report, the project complies with t Policy establishing Guidelines for the Development of Small- Family Projects. 3. The project is consistent with the City's General Plan since th density of 8 du's/acre is within the density range of 8-15 General Plan, and is at or below the growth control point of 4. 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. specified for the site as indicated on the Land Use Eleme 5. The P1 anning Commi ssion has, by inclusion of an appropriate co this project, ensured building permits will not be issued for t unless the City Engineer determines that sewer service is avai building cannot occur within the project unless sewer servic available, and the Planning Commission is satisfied that the re of the Public Facilities Element of the General Plan have insofar as they apply to sewer service for this project. 6. School fees will be paid to ensure the availability of school in the San Marcos Unified School District. 7, Park-in-lieu fees are required as a condition of approval a 8. All necessary public improvements have been provided or will b as conditions of approval . 9. The applicant has agreed and is required by the inclusi appropriate condition to pay a public facilities fee. Perfr that contract and payment of the fee will enable this body to public facilities will be available concurrent with need as r the General P1 an. 10. The proposed project is consistent with the City's Planned D Ordinance and also complies with the Design Guidelines Manual 11. The proposed project is compatible with the surrounding future since surrounding properties are designated for Medium-High D Low-Medium Density development on the General Plan. 12, This project will not cause any significant environmental imp Negative Declaration has been issued by the Planning Di September 22, 1989 and Approved by the Planning Commission on 1990. In approving this Negative Declaration the Planning Comm considered the initial study, the staff analysis, all required measures and any written comments received regarding the s effects this project could have on the environment. PC RES0 NO. 2956 -2- I1 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 13. This project is consistent with the City's Growth Management as it has been conditioned to comply with any requirement a1 part of the Local Facilities Management Plan for Zone 6, Conditions: 1. Approval is granted for PUD 89-8, as shown on Exhi bit(s) "A" - January 3, 1990, incorporated by reference and on fi 1 e in th Department. Development shall occur substanti a1 ly as shc otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x copy of the Site Pl an as approved by the P1 anning Commission. P1 an shall reflect the conditions of approval by the City. Tht shall be submitted to the City Engineer prior to issuance o permits or improvement plan submittal, whichever occurs first 3. This project is approved upon the express condition that buildi will not be issued for development of the subject property I City Engineer determines that sewer facilities are available a of appl i cation for such sewer permits and wi 11 continue to be until time of occupancy. 4. 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 develo established by the City Council pursuant to Chapter 21.90 of th Municipal Code or other ordinance adopted to implement management system or facilities and improvement plan and to f subdivider's agreement to pay the public facilities fee datc 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 applicatio be consistent with the General Pl an and approval for this pr be void. 5. The applicant shall pay park-in-lieu fees to the City, pri approval of the final map as required by Chapter 20.44 of th Mun i ci pal Code. 6. The applicant shall provide school fees to mitigate conc 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. 7. Water shall be provided by the Vallecitos Water District. 8. This project shall comply with all conditions and mitigatio which may be required as part of the Zone 6 Local Facilities Plan and any amendments made to that Plan prior to the i: building permits. PC RES0 NO. 2956 -3 - II /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 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I If any condition for construction of any public improv facilities, or the payment of any fees in lieu thereof, imposl 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. Approval of this request shall not excuse compliance with a1 of the Zoning Ordinance and a1 1 other appl icabl e City ord. effect at time of building permit issuance. Approval of PUD 89-8 is granted subject to the approval of CT The applicant shall establish a homeowner’s association and cor to and approved by the Planning Director prior to final map a All roof appurtenances, including air conditioners, architecturally integrated and concealed from view and the soun from adjacent properties and streets, in substance as pr Building Department Policy No. 80-6, to the satisfaction of the of Planning and Building. All visi tor parking spaces shall be striped a different colo assigned resident parking spaces and shall be clearly marked approved by the P1 anning Director. The appl icant shall prepare a detailed 1 andscape and irrig< which shall be submitted to and approved by the Planning Dire to the issuance of grading or building permits, whichever occ All landscaped areas shall be maintained in a heal thy an( covenants, conditions and restrictions. Said CC&R’s shall be condition, free from weeds, trash, and debris. The developer shall instal 1 street trees at the equivalent intervals along all public street frontages in conformance wi Carl sbad standards. The trees shall be of a variety sel ecte approved Street Tree List. Guest parking spaces shall be screened from the public right 1 andscaped berms. Building identification and/or addresses shall be placed on a existing buildings so as to be plainly visible from the streel road; color of identification and/or addresses shall contras background col or. The developer shall display a current Zoning and Land Use I sales office at all times, or suitable alternative to the sa of the P1 anning Director. 1 PC RES0 NO. 2956 -4- 28 I1 0 0 I1 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 I I1 21. As part of the plans submitted for building permit plan c appl icant shall include a reduced version of the resol ut ion/resol uti ons on a 24" x 36" bl uel ine drawing. Sail drawing(s) shall a1 so include a copy of any appl i cab1 Development Permit and signed approved site plan. 22. The second story north facing windows of the four easterly u 1-4 on Exhibit A) shall be adapted to be compatible with the 1 existing windows on those units adjacent to the site on tht provide the maximum feasible amount of privacy for each ur satisfaction of the Planning Director. Enai neeri nq: 23. No grading permits shall be issued for this subdivision recordation of the final map. 24. This project has been reviewed for conformancy with the grading and found to be a project for which a grading permit is requir to any building permits being issued for the site, a gradil conformance with City Standards and Section 11.06 of thc Municipal Code, must be submitted, approved and grading wo1 completed to the satisfaction of the City Engineer. All slo this project shall be graded no steeper than two horizont vertical unless specifically approved otherwise pursuant conditions. 25. Prior to hauling dirt or construction materials to an) construction site within this project the developer shall sub receive approval from the City Engineer for the proposed haul 1 developer shall comply with all conditions and requirement! Engineer may impose with regards to the hauling operation. 26. Additional drainage easements and drainage structures shall t: or instal 1 ed as may be required by the City Engineer. 27. The owner of the subject property shall execute a hold harm1 es: regarding drainage across the adjacent property prior to the 2 final map for this project. 28. The developer shall comply with a1 1 the rules, regulations requirements of the respective sewer and water agencies services to the project. 29. The developer shall be responsible for coordination with Pacific Telephone, and Cable TV authorities. 30. This project is approved specifically as 1 (single) phase. 1 PC RES0 NO. 2956 -5- 0 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 31. The design of all private streets and drainage systems shall b by the City Engineer prior to Approval of the Final Map for thi The structural section of all private streets shall conform Carlsbad Standards based on R-value tests. All private s' drainage systems shall be inspected by the City, and thc improvement plan check and inspection fees shall be paid Approval of the Final Map for this project. 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 t to distribute the costs of such maintenance in an equitable ma the owners of the units within the subdivision. 33. This project shall be responsible for the repair and reconst frontage improvements found to be defective during the construction. 34. Unless a standard variance has been issued, no variance Standards is authorized by virtue of approval of this tentati 35. The developer shall install a wheelchair ramp at the pub1 ic str abutting the subdivision in conformance with City of Carlsbad prior to occupancy of any buildings. 36. The subdivider shall provide separate sewer, water, gas, an services with meters to each of the units. 37. The applicant shall pay park-in-lieu fees to the City pri approval of the final map as required by Chapter 20.44 of th Muni ci pal Code. 38. Prior to approval of the final map the developer shall entl agreement with the City to pay any drainage area fees establ result of the forthcoming Master Drainage Plan Update. 39. Approval of this tentative tract map shall expire twenty-four I from the date of City Counci 1 approval unless a final map i 5 An extension may be requested by the applicant. Said extensic approved or denied at the discretion of the City Council. In an extension, the City Council may impose new conditions and exi sting conditions. Fire Conditions: 40. Proposed security gate systems shall be provided with "Knox" kc override switch, as specified by the Fire Department. 41. Fire retardant roofs shall be required on all structures. .... PC RES0 NO. 2956 -6- 28 ,.. 0 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 3rd day o 1990, by the following vote, to wit: AYES : Chairman Hall, Commissioners: Schramm, Erwin, McFa Holmes & Marcus. NOES : None. ABSENT: None. ABSTAIN: Commi ssi oner Schl ehuber. CARLSBAD PLA~NING COMMISSION ATTEST: MICHAEL J. HOxMILLm PLANNING DIRECTOR PC RES0 NO. 2956 -7-