HomeMy WebLinkAbout1990-01-17; Planning Commission; Resolution 2966I1 e 0
- &.*- ?,"?" 1 iL5 PLANNING COMMISSION RESOLUTION NO. 2966 bL"
,*;yk>>> #*\X -.;LL%A .!A ' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
q., , ; PROPERTY GENERALLY LOCATED SOUTH OF PARK DRIVE AND EAST .i-i I? c
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WHEREAS, a verified application for certain property to 'I 5
CASE NO.: CT 89-13
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"' CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT ON
OF MARINA DRIVE. CASE NAME: THE HAMPTONS
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That portion of Lot "I" Rancho Agua Hedionda, in the
City of Carl sbad, County of San Diego, State of California, according to the map thereof No. 823 filed in the office of the County Recorder of San Diego County. APN #207-101-01.
9 has been filed with the City of Carlsbad and referred to the
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Commission; and
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by Title 21 of the Carlsbad Municipal Code; and 12
WHEREAS, the Planning Commission did, on the 17th day oi
14 1990, hold a duly noticed public hearing as prescribed by law to con:
WHEREAS, said verified application constitutes a request a
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WHEREAS, at said public hearing, upon hearing and consic
testimony and arguments, if any, of all persons desiring to be he
Commission considered all factors relating to the Tentative Tract May
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anning Coml
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B) That based on the evidence presented at the public hearing, the I 22
A) That the above recitations are true and correct.
following conditions: 23
APPROVES CT 89-13, based on the following findings and subje
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Findinqs:
1. The project is consistent with the City’s General Plan since th density of 9-7 du‘s/acre is within the density range of 8-15 specified for the site as indicated on the Land Use Element of t Plan, and is at or below the growth control point of 11.5 units
2. The site is physically suitable for the type and densit development since the site is adequate in size and shape to a residential development at the density proposed.
3. The Planning Commission 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 servil available, and the Planning Commission is satisfied that the re of the Pub1 ic Facil ities Element of the General P1 an have been IT as they apply to sewer service for this project.
4. School fees will be paid to ensure the availability of school
5. Park-in-lieu fees are required as a condition of approval.
6. A1 1 necessary pub1 ic improvements have been provided or will b
in the Carlsbad School District.
as conditions of approval.
7. The appl icant has agreed and is required by the incl usi appropriate condition to pay a public facilities fee. Performar contract and payment of the fee will enable this body to find t facilities will be available concurrent with need as requir General P1 an.
~ 8. The proposed project is consistent with the City’s Planned D Ordinance and also complies with the Design Guidelines Manual.
9. The proposed project is compatible with the surrounding future since surrounding properties are designated for multiple r ~
development on the General Pl an.
10. This project will not cause any significant environmental imp Negative Declaration has been issued by the Planning Director c 15, 1989 and recommended for approval by the P1 anni ng Coml January 17, 1990. In approving this Negative Declaration th Commission has considered the initial study, the staff ana required mitigation measures and any written comments receivec the significant effects this project could have on the enviror
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11. The appl i cant is by condition, required to pay any increase facility fee, or new construction tax, or development fees, and to abide by any additional requirements established by a Local Management Plan prepared pursuant to Chapter 21.90 of the Municipal Code. This will ensure continued availability facilities and will mitigate any cumulative impacts creatc project .
12. This project is consistent with the City's Growth Management Or
it has been conditioned to comply with any requirement approvl of the Local Facil i ties Management P1 an for Zone 1.
Conditions:
1. Approval is granted for CT 89-13, as shown on Exhi bi t(s) "A"-' January 17, 1990, incorporated by reference and on fi 1 e in thc Department. Development shall occur substanti a1 ly as sho 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 1 map copy shall be submitted to the City Engineer prior to grading or improvement plan submittal, whichever occurs first.
3. This project is approved upon the express condition that buildi
wi 11 not be issued for development of the subject property unles
Engineer determines that sewer facil i ties are avail able at tl application for such sewer permits and will continue to be avail time of occupancy. This note shall be placed on the final map
4. This project is a1 so 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 develol established by the City Council pursuant to Chapter 21.90 of thc Municipal Code or other ordinance adopted to implement a growth I system or facilities and improvement plan and to fulfill the SUI agreement to pay the public facilities fee dated March 27, 191 of which are on file with the City Clerk and are incorporate reference. If the fees are not paid this application wi' consistent with the General Plan and approval for this projecl 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 the Mun i ci pal Code.
6. The applicant shall provide school fees to mitigate cond overcrowding as part of building permit application. These fee: based on the fee schedule in effect at the time of buildi appl i cat i on.
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7. Water shall be provided to this project pursuant to the Wate
1 agreement between the City of Carlsbad and the Carlsbad Munici District, dated May 25, 1983.
2 8. This project shall comply with all conditions and mitigation rc
3 on September 1, 1987, incorporated herein and on file in the the Zone 1 Local Facilities Management Plan approved by the Cil
4 Department and any future amendments to the Plan made pric i ssuance of bui 1 ding permits.
5 9. If any condition for construction of any public improvc
6 facilities, or the payment of any fees in lieu thereof, imposc approval or imposed by 1 aw on this project are challenged thi!
7 shall be suspended as provided in Government Code Section 65913. such condition is determined to be invalid this approval shall I a unless the City Council determines that the project without the complies with all requirements of law.
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10. Approval of this request shall not excuse compliance with all s the Zoning Ordinance and all other applicable City ordinances at time of building permit issuance.
11. Approval of CT 89-13/PUD 89-5 is granted subject to the appro’ 89-7.
12. The applicant shall provide the following note on the final r subdivision and final my1 ar of this development submitted to t
“Chapter 21 -90 of the Carl sbad Municipal Code establ i shes Management Control Point for each General P1 an land use de Development cannot exceed the Growth Control Point except as p Chapter 21.90. The land use designation for this development i! Growth Control Point for this designation is 11.5 dwelling nonconstrained acre.
All Parcels were used to calculate the intensity of development General P1 an and Chapter 21.90. Subsequent redevelopment or res of any one of these parcels must a1 so include a1 1 parcel s General Plan and Chapter 21.90 of the Carl sbad Municipal Code.
20 13. The applicant shall establish a homeowner’s association and cor
to and approved by the P1 anning Director prior to final map ap 21 covenants, conditions and restrictions. Said CC&R’s shall be
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14. Trash receptacle areas shall be enclosed by a six-foot high ma with gates pursuant to City standards, Location of said recepti
be approved by the Planning Director. Enclosure shall be colors and/or materials to the project to the satisfaction of tl Director. If approved by Coast Waste Management, curbside tr can rep1 ace the masonry trash enclosures.
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1 15. All roof appurtenances, including air conditioners, : architecturally integrated and concealed from view and the sounc
2 from adjacent properties and streets, in substance as provided il
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16. The applicant shall submit a street name 1 ist consistent with 1 4
P1 anni ng and Bui 1 di ng .
street name pol icy subject to the P1 anning Director’s approval
5 final map approval .
Department Policy No. 80-6, to the satisfaction of the Dir
6 17. An exterior lighting plan including parking areas shall be subr Planning Director approval. All lighting shall be designed 1
7 downward and avoid any impacts on adjacent homes or property.
8 18. The appl icant shall prepare a detai 1 ed 1 andscape and irrigation shall be submitted to and approved by the P1 anning Director pr
9 issuance of grading or building permits, whichever occurs firs,
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19. All landscaped areas shall be maintained in a heal thy and condition, free from weeds, trash, and debris.
20. The developer shall instal 1 street trees at the equivalent ( intervals along all pub1 ic street frontages in conformance wil Carl sbad standards. The trees shall be of a variety selectec approved Street Tree List.
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approval of the Planning Director prior to installation of SUC 15
21. Any signs proposed for this development shall at a minimum be d conformance with the City’s Sign Ordinance and shall require
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22. 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.
Prior to occupancy of any units, the applicant shall construct a sign at the entrance to the project. The design of this sig
~ 23. approved by the Planning Director.
20 24. The developer shall display a current Zoning and Land Use Map it
21 office at all times, or suitable alternative to the satisfact P1 anning Director.
22 25. A1 1 sales maps that are distributed or made avail ab1 e to the pl
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include but not be limited to trails, future and existing schoc
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A condition so stating this shall be placed in the CUR’S for tl 26
the minimum time increment for such rental shall be not less th, homeownership purposes. If any of the units in the project z 25
26. This project is being approved as a condomini urn permit for I
and streets.
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27. As part of the plans submitted for building permit plan c'
resol ution/resol utions on a 24" x 36" bl uel ine drawing. Said
Permit and signed approved site plan.
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drawi ng(s) shall a1 so include a copy of any appl icabl e Coastal D( 2
appl icant shall include a reduced version of the
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28. Prior to issuance of a grading or building permit, whichever cor a soils report shall be prepared and submitted to the City of If the soils report indicates the presence of potential fossi materi a1 then a standard two phased program, on file in the Department, shall be undertaken to avoid possible significant . paleontological resources under the direction of the Planning DI I 1
7 29. The 1 andscape plan shall include minimum 15 gal 1 on trees and a I
size trees to be determined by the Planning Director, Five ga a be the minimum shrub size.
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Design details and materials for perimeter walls, fences, areas, onsite paving, and other items not specifically approved of this application, shall be reviewed and approved by the Ci. prior to issuance of building permits.
Any changes made to this approval dated January 17, 1990, as a the Coastal Commission Permit process shall be reviewed for s conformance by the P1 anning Director prior to final map appro' issuance of a Grading Permit, whichever occurs first.
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32. A two-way feed "loop" water system shall be installed.
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34. Each unit shall be equipped with an automatic garage door openc 16
33. Each unit shall be required to have separate water service and
doors shall be of the %oil up" type -
Enqineerinq Conditions:
35. The developer shall obtain a grading permit prior to the comme
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36. The grading for this project is defined as "controlled grading" 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be under the observation of a civil engineer whose responsibilit be to coordinate site inspection and testing to ensure complia work with the approved grading plan, submit required reports t Engineer and verify compliance with Chapter 11.06 of thc Muni ci pal Code.
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24 37. No grading shall occur outside the limits of the subdivisio
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letter of permission is obtained from the owners of thc
properties.
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A separate grading plan shall be submitted and approved and a grading permit issued for the borrow or disposal site if locat the city limits.
Prior to hauling dirt or construction materials to any construction site within this project the developer shall subm. receive approval from the City Engineer for the proposed haul ro developer shall comply with all conditions and requirements Engineer may impose with regards to the haul ing operati on.
The developer shall exercise special care during the construct of this project to prevent any offsite siltation. The develol provide erosion control measures and shall construct . desiltation/detention basins of type, size and location as approv City Engineer. The basins and erosion control measures shall be specified on the grading plan and shall be constructed to the sat of the City Engineer prior to the start of any other grading op~ Prior to the removal of any basins or facilities so constructed served shall be protected by additional drainage facilities, slop control measures and other methods required or approved by Engineer. The developer shall maintain the temporary basins an( control measures for a period of time satisfactory to the City and shall guarantee their maintenance and satisfactory performancl cash deposit and bonding in amounts and types suitable to Eng i neer .
Additional drainage easements and drainage structures shall be or installed as may be required by the City Engineer.
15 42 Prior to approval of the final map the developer shall enter
The subdivider shall provide adequate means of eliminating grease 43. Runoff from this project is conveyed to environmentally sensitiv 17
result of the forthcoming Master Drainage Plan Update. 16
agreement with the City to pay any drainage area fees establ is
approved by the City Engineer prior to issuance of grading or from drainage prior to discharge. P1 ans for such improvements 18
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44. The developer shall make an offer of dedication to the City for a1 streets and easements required by these conditions or shown Tentative Map. The offer shall be made by a certification on t map for this project. All land so offered shall be granted to free and clear of a1 1 1 iens and encumbrances and without cost to t Streets that are already public are not required to be rededicatl
45. Direct access rights for all lots abutting Park Drive shall be w the final map.
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46. Plans, specifications, and supporting documents for all improvemen
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of the final map, the Subdivider shall install, or agree to ins be prepared to the satisfaction of the City Engineer. Prior to
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secure with appropriate security as provided by 1 aw, improveme on the tentative map and the following improvements to City Sta
the satisfaction of the City Engineer:
A. Full half-street improvements to Park Drive along thr frontage.
B. Full half-street improvements to Laguna Shores Place incl west half of the cul-de-sac.
C. Full half street improvements to Marina Drive along th frontage as amended by these conditions and actions.
7 47. Improvements listed above shall be constructed within 12 month:
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map approval and/or improvement plan approval , whichever occur:
48. Unless a standard variance has been issued, no variance
9 Standards is authorized by virtue of approval of this Tentativl
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49. The developer shall construct private street accesses to publ. in such a way as to clearly designated that the private streei a portion of the public street system. The developer shal
the access point to private streets from public streets. The the sign shown above shall be capital letters of a size and con as to be readable for a normally sighted person at a distance o The provisions of this condition shall be met to the satisfact
plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS ~
I City Engineer prior to issuance of a Certificate of Occupanc
I portion of this project. 15 50. The developer shall instal 1 street 1 ights along a1 1 publ ic a
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standards variance to reduce the sidewalk width by 6 inches t occupancy of any buildings, except for Marina Drive for which 18
of this project in conformance with City of Carlsbad Standard 51. The developer shall install sidewalks along all publ ic street 17
street frontages in conformance with City of Carlsbad Standard
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52, The developer shall comply with all the rules, regulations 20
wide.
to the project. 21
requirements of the respective sewer and water agencies regardir
22 53. Should the developer decide to final map and develop phas
all conditions required of the preceding phases shall be comp' 23
numerical sequence with the approved phasing as shown on the te
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drainage systems shall be inspected by the City, and th 26
Carl sbad Standards based on R-value tests. A1 1 private 5
The structural section of all private streets shall conform 25
by the City Engineer prior to approval of the final map for th 54. The design of all private streets and drainage systems shall I 24
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1 improvement plan check and inspection fees shall be paid prior tc of the final map for this project.
2 55. The developer shall provide an acceptable means for mainta easements within the subdivision and all the streets, sidewalk
to distribute the costs of such maintenance in an equitable mar 3
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56. The Subdivider shall provide separate sewer, water, gas, and 5
the owners of the units within the subdivision. 4
lights, storm drain facilities and sewer facilities located tt
services with meters to each of the units.
57. The developer shall be responsible for coordination with !
7 Pacific Telephone, and Cable TV authorities.
8 58. Some improvements shown on the Tentative Map and/or required
subdivider has sufficient title or interest to permit the improl 9
conditions are located offsite on property which neither the Ci
be made without acquisition of title or interest. The subdiv’
10 conform to Section 20.16.095 of the Carlsbad Municipal Code.
11 59. Approval of this tentative tract map shall expire twenty-four ml the date of City Council approval unless a final map is reca
existing conditions. an extension, the City Council may impose new conditions and I 13
approved or denied at the discretion of the City Council. In 12 extension may be requested by the applicant. Said extension
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This project has been reviewed for conformancy with the grading and found to be a project for which a grading permit is requirl to any building permits being issued for the site, a gradin conformance with City Standards and Section 11.06 of the Municipal Code, must be submitted, approved and grading wor completed to the satisfaction of the City Engineer. All slol
vertical unless specifically approved otherwise pursuant conditions.
The developer shall construct sidewalks 4 feet in width plus 0. top of curb for the interior private streets as shown on the Ten and also at the following locations.
this project shall be graded no steeper than two horizontl
21 A. Adjacent to the easterly curb along Hampton Court from
22 Place northerly to the parking stalls at the north end o de-sac.
23 B. Adjacent to the southerly curb along Portsmouth Place
stairway shall also be constructed down the slope to c
25 onsite sidewalk system to the existing sidewalk on Marin
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24 easterly dead-end westerly around the curve at Manhasset
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This project is approved subject to the condition that the develc equally with the developer of the adjacent property to the eas Shores, CT 88-1) in the cost of constructing a pedestrian access the terminus of Laguna Shores Place, southerly to the sand beac Hedionda Lagoon, subject to the approval of the Planning Dire Director of Parks and Recreation, the Coastal Commission Department of Fish and Game. This access ramp should not exc slope. The developer shall a1 so share equally with the develor adjacent property to the east (Laguna Shores, CT 88-1) in thl constructing: a) steel posts at the top of the ramp to prohibit access, and b) a five foot high permanent chain link fence a sides of this ramp to the five foot topography line at the lagot
7 63. Prior to the issuance of building permits the developer shall the developer of the adjacent property to the east (Laguna Shor
the prior condition. If the Hamptons project builds before 1
developers of the Hamptons their 1/2 share of the cost of co
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Shores project, then the developers of Laguna Shores shall rei] 9
1) their 1/2 share of the cost of constructing the improvements
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64. This project is specifically approved giving the deve opportunity of obtaining a grading permit for surcharge gradin the issuance of a final map. A grading plan in conformance Standard and Section 11.06 of the Carlsbad Municipal Code of th surcharge grading must be submitted and approved and a permi, from the California State Coastal Commission prior to the issua surcharge grading permit.
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65. Grading shall not be permitted from October 1 to April 1 unle: by both the California Coastal Conmission and the City of Car
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66 . A geologist shall recommend a monitoring program of settlemenl a final report approving the site for building construction. 1 permits will be issued until said final report is submitt approved by the City Engineer.
67. The developer shall submit approval of the Cal ifornia Sta Commission prior to final map approval.
68. The developer shall make an offer of dedication to the City for along the subdivision frontage based on a centerline to right o of 34 feet and of Laguna Shores Place along the subdivision fro1 on a centerline to right of way width of 28 feet. All offel made by a certificate on the final map for this project. I offered shall be granted to the City free and clear of all encumbrances and without cost to the City. Streets that i public are not required to be rededicated.
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69. The developer shall make an offer of dedication to the City f Drive along the subdivision frontage of an additional 8 feet right of way. This will result in a substandard right of way w' is considered included in the standards variance approval P1 anni ng Comni ssi on.
Fire Conditions:
70. Prior to the issuance of building permits, complete building p' be submitted to and approved by the Fire Department.
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71. Additional public and/or onsite fire hydrants shall be provided
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necessary by the Fire Marshal.
72. An all -weather access road shall be maintained throughout cons
73. A1 1 required fire hydrants, water mains and appurtenances
9 operational prior to combustible building materials being loca project site.
10 74. Proposed security gate systems shall be provided with "Knox" ke
11 override switch, as specified by the Fire Department.
12 75. All private driveways shall be kept clear of parked vehicles at and shall have posted "NO Parking/Fire Lane - Tow Away Zone" p
13 Section 17.04.040, Carlsbad Municipal Code.
14 76. Fire retardant roofs shall be required on all structures.
15 77. All fire alarm systems, fire hydrants, extinguishing systems, sprinklers, and other systems pertinent to the project shall be
16 to the Fire Department for approval prior to construction.
17 78. Building exceeding 10,000 sq. ft. aggregate floor area
18 shall split the building into 10,000 sq. ft. (or less) areas.
19 Carlsbad Municipal Water District Conditions:
20 79. The entire potable and non-potable water system/systems f project shall be evaluated in detail to ensure that adequate c;
sprinklered or have four-hour fire walls with no openings the
21 pressure for domestic, landscaping and fire flow demands are I
22 80. The developer's engineer shall schedule a meeting with th
81. The developer will be responsible for all fees and deposits plu 24
layout prior to preparation of the water system improvement p' 23
Engineer and the City Fire Marshal and review the preliminary w
facility charge which will be collected at time of issuance (
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82. Gates which would allow for direct access to the lagoon buffer
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83. The on-site fresh water ponds shall be fenced with wrought 2
private patios are prohibited.
lockable gates to the satisfaction of the City Planner if theil
3 depth of the ponds exceeds 24".
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loss of 64 square feet of is01 ated salt marsh through preser 85. Provide suitable fencing to protect the salt marsh and mitigal 5
84. Provide at least a 100 foot wide buffer from the wetlands bounc
86. Creation of a small freshwater pond area for use by wildlife. 7
adjacent salt marsh.
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87. The department suggests that three pl ant species be deleted project due to their potential for invasion into the natur surroundings. They should be replaced by others as we have 1 each one:
TO BE DELETED REPLACEMENT
Mvoporum oaci f i ca Acaci a Decof f verde
Ceanothus uri seus
Rhus Inteqri fol i a, 1 emonadc Acaci a mi nuta
Ceanothus verruscosus
88. The bath house shall be reduced to a single story height whicl adversely affect views from Park Drive.
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89. A permanent public access easement and sidewalk shall be pro\ Marina Drive to the 100 foot buffer area.
90. The project irrigation shall be designed to be easily adal
17 reclaimed water system.
18 91. No structures other than sidewalks shall be constructed withi foot buffer area.
l9 11 92. The Codes, Covenants and Restrictions shall:
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a. limit the height of recreational vehicles being stort within the storage area to seven feet in height; and
b. prohibit at all times any obstruction of on-site sidewa prohibition shall include but not be limited to parki driveways of units having less than a 20 foot setback fra streets.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 17th day 0'
1990, by the following vote, to wit:
AYES : Chairperson Schramm, Commissioners: Schlehubc Hal 1 , McFadden, Holmes & Marcus.
NOES : None.
ABSENT : None.
I ABSTAIN: None.
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CARLSBAD PLANN~NG COMMISSION
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ATTEST:
R ). i 'F ; J?.'i i ; J; _' h ! / H~~~~~~~~~~~~~~~~~~~.~~ ;., :,, 4. ;. A2>* I. .) ,, ., -
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MICHAEL J. HiEi!MILLU\.I
PLANNING DIRECTOR
PC RES0 NO. 2966 -13-