HomeMy WebLinkAbout1990-02-21; Planning Commission; Resolution 2983-'I i b, i- e e
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PLANNING COMMISSION RESOLUTION NO. 2983
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT ON PROPERTY GENERALLY LOCATED SOUTH OF PARK DRIVE AND EAST OF MARINA DRIVE. CASE NAME: THE HAMPTONS
I CASE NO.: CT 89-13
5 /I WHEREAS, a verified application for certain property to w
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That portion of Lot "I" Rancho Agua Hedionda, in the City of Carlsbad, 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.
g has been filed with the City of Carl sbad and referred to the
10 Commission; and
11 WHEREAS, said verified application constitutes a request a:
12 by Title 21 of the Carlsbad Municipal Code; and
13 WHEREAS, the Planning Commission did, on the 17th day of
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WHEREAS, at said public hearing, upon hearing and consic 16
as prescribed by law to consider said request; and 15
1990, and on the 21st day of February, 1990, hold a duly noticed publi
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testimony and arguments, if any, of all persons desiring to be he
Commission considered all factors relating to the Tentative Tract Mal
19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anni ng Comr
20 /j fol1 ows:
21 A) That the above recitations are true and correct,
22 B) That based on the evidence presented at the public hearing, the 1 APPROVES CT 89-13, based on the following findings and subje
23 following conditions:
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1 Findinqs:
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1. The project is consistent with the City’s General Plan since the 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 tk 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 ac residential development at the density proposed.
3. The Planning Commission has, by inclusion of an appropriate con this project, ensured building permits will not be issued for tt unless the City Engineer determines that sewer service is avail building cannot occur within the project unless sewer servi c available, and the Planning Commission is satisfied that the rec of the Pub1 ic Facil i ties Element of the General P1 an have been ml as they apply to sewer service for this project,
4. School fees will be paid to ensure the availability of school ’ in the Carl sbad School District.
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6. All necessary public improvements have been provided or will bl 13
5. Park-in-lieu fees are required as a condition of approval.
7. The appl i cant has agreed and is required by the incl usi
15 appropriate condition to pay a public facilities fee. Performan contract and payment of the fee will enable this body to find t
16 facil i ties will be avai 1 ab1 e concurrent with need as requir General P1 an.
17 8. The proposed project is consistent with the City’s P1 anned D
18 Ordinance and also complies with the Design Guidelines Manual.
19 9. The proposed project is compatible with the surrounding future since surrounding properties are designated for mu1 tip1 e r development on the General P1 an.
as conditions of approval.
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10. This project will not cause any significant environmental imp Negative Declaration has been issued by the P1 anning Director ( 15, 1989 and recommended for approval by the P1 anni ng Corn 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 receive( 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 t- to abide by any additional requirements established by a Local F Management Plan prepared pursuant to Chapter 21.90 of the Municipal Code. This will ensure continued availability ( facilities and will mitigate any cumulative impacts create project .
12. This project is consistent with the City's Growth Management Or( it has been conditioned to comply with any requirement approve of the Local Facilities Management Plan for Zone 1.
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Conditions:
1. Approval is granted for CT 89-13, as shown on Exhibit(s) "A"-'
Department. Development shall occur substantial ly as shor 8
otherwise noted in these conditions. 9
January 17, 1990, incorporated by reference and on file in thc
10 2. The developer shall provide the City with a reproducible 24" x :
map copy shall be submitted to the City Engineer prior to
copy of the Tentative Map as approved by the P1 anning Commi ss
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grading or improvement plan submittal, whichever occurs first. 12
Tentative Map shall reflect the conditions of approval by the (
13 3. This project is approved upon the express condition that buildil
time of occupancy. This note shall be placed on the final map 15
appl ication for such sewer permits and will continue to be avail
Engineer determines that sewer facilities are available at tt 14
will not be issued for development of the subject property unles
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4. This project is a1 so approved under the express condition
applicant pay the public facilities fee adopted by the City I 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 a growth system or facilities and improvement plan and to fulfill the su agreement to pay the public facilities fee dated March 27, 19 of which are on fi 1 e with the City Clerk and are incorporatc reference. If the fees are not paid this application wi consistent with the General P1 an and approval for this projec void.
22 5. The applicant shall pay park-in-lieu fees to the City, pri
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appl i cat i on. based on the fee schedule in effect at the time of build 25
overcrowding as part of building permit application. These fec 6. The applicant shall provide school fees to mitigate con( 24
Mun i ci pal Code. 23
approval of the final map as required by Chapter 20.44 of th
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1 7. Water shall be provided to this project pursuant to the Wate. agreement between the City of Carlsbad and the Carl sbad Munici District, dated May 25, 1983.
i 8. This project shall comply with all conditions and mitigation re the Zone 1 Local Facilities Management Plan approved by the Cit on September 1, 1987, incorporated herein and on fi 1 e in the Department and any future amendments to the P1 an made prio issuance of building permits.
9. If any condition for construction of any public improvc facilities, or the payment of any fees in lieu thereof, impose approval or imposed by law on this project are challenged this shall be suspended as provided in Government Code Section 65913. such condition is determined to be invalid this approval shall t unless the City Council determines that the project without the compl ies with a1 1 requirements of 1 aw.
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9 10. Approval of this request shall not excuse compliance with all s
10 the Zoning Ordinance and a1 1 other appl icable City ordinances at time of building permit issuance.
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AA I/ 89-7. 12
11. Approval of CT 89-13/PUD 89-5 is granted subject to the appro'
131/ 12. The applicant shall provide the following note on the final n subdivision and final mylar of this development submitted to tl
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"Chapter 21.90 of the Carlsbad Municipal Code establishes Management Control Point for each General P1 an 1 and use de Development cannot exceed the Growth Control Point except as p Chapter 21.90. The land use designation for this development is Growth Control Point for this designation is 11.5 dwelling nonconstrained acre.
A1 1 Parcels were used to calculate the intensity of development General Plan and Chapter 21-90. Subsequent redevelopment or res of any one of these parcels must a1 so include a1 1 parcels General Plan and Chapter 21.90 of the Carlsbad Municipal Code.
13. The applicant shall establish a homeowner's association and COY covenants, conditions and restrictions. Said CC&R's shall be to and approved by the Planning Director prior to final map ay
14. Trash receptacle areas shall be enclosed by a six-foot high mc
with gates pursuant to City standards. Location of said recepti
colors and/or materials to the project to the satisfaction of tl Director. If approved by Coast Waste Management, curbside tu can rep1 ace the masonry trash enclosures.
be approved by the P1 anning Director. Enclosure shall be
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15. A1 1 roof appurtenances, including air conditioners, 5 architecturally integrated and concealed from view and the sound from adjacent properties and streets, in substance as provided ir Department Policy No. 80-6, to the satisfaction of the Dirc Planning and Building.
16. The appl icant shall submit a street name 1 ist consistent with t street name policy subject to the Planning Director’s approval final map approval .
6 17. An exterior lighting plan including parking areas shall be subn Planning Director approval. All lighting shall be designed t
7 downward and avoid any impacts on adjacent homes or property.
8 18. The appl icant shall prepare a detailed landscape and irrigation 1 shall be submitted to and approved by the Planning Director pri
9 issuance of grading or building permits, whichever occurs firs1
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19. All landscaped areas shall be maintained in a healthy and condition, free from weeds, trash, and debris.
20. The developer shall install street trees at the equivalent 0 intervals along all pub1 ic street frontages in conformance wit Carlsbad standards. The trees shall be of a variety selected approved Street Tree List.
14 21. Any signs proposed for this development shall at a minimum be dt
approval of the Planning Director prior to installation of suct 15
conformance with the City’s Sign Ordinance and shall require Y
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22. Building identification and/or addresses shall be placed on a1 existing buildings so as to be plainly visible from the street road; color of identification and/or addresses shall contrast background color.
23. Prior to occupancy of any units, the applicant shall construct a sign at the entrance to the project. The design of this sigr approved by the P1 anning Director.
24. The developer shall display a current Zoning and Land Use Map in office at all times, or suitable alternative to the satisfact. Planning Director.
25. All sales maps that are distributed or made available to the pu include but not be limited to trails, future and existing schoo and streets.
24 26. This project is being approved as a condominium permit for r
25 the minimum time increment for such rental shall be not less tha homeownership purposes. If any of the units in the project a
A condition so stating this shall be placed in the CC&R’s for th 26
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.\. ,. c I1 @ ,. 27. As part of the plans submitted for building permit plan cl
resol ution/resol utions on a 24" x 36" bl uel ine drawing. Said 1
drawing( s) shall a1 so include a copy of any appl i cab1 e Coastal De 2
appl icant shall include a reduced version of the
Permit and signed approved site plan.
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28. Prior to issuance of a grading or building permit, whichever con a soils report shall be prepared and submitted to the City of If the soils report indicates the presence of potential fossi material then a standard two phased program, on file in the Department, shall be undertaken to avoid possible significant j paleontological resources under the direction of the P1 anning Dc
7 29. The 1 andscape pl an shall include minimum 15 gall 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, 1 areas, onsite paving, and other items not specifically approved
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 SI conformance by the Planning Director prior to final map appro\ issuance of a Grading Permit, whichever occurs first.
of this application, shall be reviewed and approved by the Cii
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32. A two-way feed "loop" water system shall be installed.
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33. Each unit shall be required to have separate water service and
34. Each unit shall be equipped with an automatic garage door opene
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doors shall be of the "roll 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 "control 1 ed 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 Municipal Code.
37. No grading shall occur outside the limits of the subdivisiol letter of permission is obtained from the owners of thf 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 1 ocat 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 r(
developer shall comply with all conditions and requirements Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construct of this project to prevent any offsite siltation. The develc provide erosion control measures and shall construct desiltation/detention basins of type, size and location as appro
specified on the grading plan and shall be constructed to the sal
of the City Engineer prior to the start of any other grading 01 Prior to the removal of any basins or facilities so constructec served shall be protected by additional drainage facilities, slol control measures and other methods required or approved by Engineer. The developer shall maintain the temporary basins at control measures for a period of time satisfactory to the Citj and shall guarantee their maintenance and satisfactory performanl cash deposit and bonding in amounts and types suitable to Engineer .
Additional drainage easements and drainage structures shall bc or installed as may be required by the City Engineer.
City Engineer. The basins and erosion control measures shall be
15 42. Prior to approval of the final map the developer shall ente
result of the forthcoming Master Drainage P1 an Update. 16
agreement with the City to pay any drainage area fees establ i
approved by the City Engineer prior to issuance of grading 01
from drainage prior to discharge. Plans for such improvement: 18
The subdivider shall provide adequate means of eliminating greas 43. Runoff from this project is conveyed to environmentally sensit. 17
19 permit.
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44. The developer shall make an offer of dedication to the City for streets and easements required by these conditions or she\ Tentative Map. The offer shall be made by a certification on map for this project. All land so offered shall be granted tc free and clear of all 1 iens and encumbrances and without cost to Streets that are already public are not required to be rededic
23 45. Direct access rights for all lots abutting Park Drive shall be
24 the final map.
25 46. P1 ans, specifications, and supporting documents for all improverr
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be prepared to the satisfaction of the City Engineer. Prior t of the final map, the Subdivider shall install, or agree to i
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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 thc frontage.
, B. Full half-street improvements to Laguna Shores Place incl west half of the cul -de-sac.
C. Full ha1 f street improvements to Marina Drive along th frontage as amended by these conditions and actions.
7 47. Improvements 1 isted 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 stree. a portion of the publ ic street system. The developer shal pl aque-type sign with the legend, "PRIVATE STREET BEYOND THIS 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
portion of this project. City Engineer prior to issuance of a Certificate of Occupanc
50. The developer shall install street lights along all public a1 street frontages in conformance with City of Carlsbad Standard
17 51. The developer shall instal 1 sidewalks a1 ong a1 1 publ ic street
occupancy of any buildings, except for Marina Drive for which 18
of this project in conformance with City of Carlsbad Standard.
standards variance to reduce the sidewalk width by 6 inches tl
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20 52. The developer shall comply with all the rules, regulations requirements of the respective sewer and water agencies regardit
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22 53. Should the developer decide to final map and develop pha:
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numerical sequence with the approved phasing as shown on the ter a1 1 conditions required of the preceding phases shall be compl
24 54. The design of all private streets and drainage systems shall t
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Carlsbad Standards based on R-value tests. All private s The structural section of all private streets shall conform 25
by the City Engineer prior to approval of the final map for th.
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drainage systems shall be inspected by the City, and th
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improvement plan check and inspection fees shall be paid prior tc
1 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
the owners of the units within the subdivision. 4
lights, storm drain facilities and sewer facilities located tk
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56. The Subdivider shall provide separate sewer, water, gas, and 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 conditions are located offsite on property which neither the Ci
be made without acquisition of title or interest. The subdiv. 9 subdivider has sufficient title or interest to permit the impro>
10 conform to Section 20.16.095 of the Carlsbad Municipal Code.
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59. Approval of this tentative tract map shall expire twenty-four ml
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.
the date of City Council approval unless a final map is recc
60. 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 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 this project shall be graded no steeper than two horizont vertical unless specifically approved otherwise pursuant i conditions.
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top of curb for the interior private streets as shown on the Ten 20
I 61. The developer shall construct sidewalks 4 feet in width plus 0.
and also at the following locations.
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A. Adjacent to the easterly curb along Hampton Court from Place northerly to the parking stalls at the north end a de- sac.
B. Adjacent to the southerly curb along Portsmouth Placc easterly dead-end westerly around the curve at Manhasset stairway shall a1 so be constructed down the slope to c onsite sidewalk system to the existing sidewalk on Marir
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62.
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This project is approved subject to the condition that the devel o 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 Hedi onda Lagoon, subject to the approval of the P1 anning Dire Director of Parks and Recreation, the Coastal Commission Department of Fish and Game. This access ramp should not excl slope. The developer shall a1 so share equally with the develop adjacent property to the east (Laguna Shores, CT 88-1) in tht 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 lagoo
Prior to the issuance of building permits the developer shall the developer of the adjacent property to the east (Laguna Shore 1) their 1/2 share of the cost of constructing the improvements the prior condition. If the Hamptons project builds before tl Shores project, then the developers of Laguna Shores shall reim
these improvements. developers of the Hamptons their 1/2 share of the cost of con
11 64. This project is specifically approved giving the develc opportunity of obtaining a grading permit for surcharge grading
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Standard and Section 11.06 of the Carlsbad Municipal Code of the
65. Grading shall not be permitted from October 1 to April 1 unless 15
surcharge grading permit . 14
from the California State Coastal Commission prior to the issuanl surcharge grading must be submitted and approved and a permit
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approved by the City Engineer. permits will be issued until said final report is submittec 18
a final report approving the site for building construction. No 66. A geologist shall recommend a monitoring program of settlement , 17
Engi neer . 16
by both the California Coastal Commission and the City of Carl:
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2O I 67. The developer shall submit approval of the Cal i fornia State Commission prior to final map approval -
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68. The developer shall make an offer of dedication to the City for Pi
along the subdivision frontage based on a centerline to right of I of 34 feet and of Laguna Shores Place along the subdivision front; on a centerline to right of way width of 28 feet. All offers made by a certificate on the final map for this project. All offered shall be granted to the City free and clear of all 1 encumbrances and without cost to the City. Streets that are ~
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 wi
is considered included in the standards variance approval P1 anni ng Comi ssi on.
Fire Conditions:
4 70. Prior to the issuance of building permits, complete building p:
5 be submitted to and approved by the Fire Department.
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71. Additional public and/or onsite fire hydrants shall be provided necessary by the Fire Marshal.
72. An all-weather access road shall be maintained throughout const a 73. A1 1 required fire hydrants, water mains and appurtenances
9 operational prior to combustible building materials being locat project site.
10 74. Proposed security gate systems shall be provided with "Knox" keJ
11 override switch, as specified by the Fire Department.
12 75. A1 1 private driveways shall be kept clear of parked vehicles at i and shall have posted "NO Parking/Fire Lane - Tow Away Zone'' pi
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 Municioal Water District Conditions:
20 79. The entire potable and non-potable water system/systems fol project shall be evaluated in detail to ensure that adequate cay
sprinklered or have four-hour fire walls with no openings ther
21 pressure for domestic, 1 andscaping and fire flow demands are me
22 80. The developer's engineer shall schedule a meeting with the
81. The developer will be responsible for a1 1 fees and deposits plus 24
1 ayout prior to preparation of the water system improvement pl a 23
Engineer and the City Fire Marshal and review the preliminary wat
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permit. 25
facility charge which will be collected at time of issuance of
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82. Gates which would allow for direct access to the lagoon buffer
I private patios are prohibited.
2 83. The on-site fresh water ponds shall be fenced with wrought lockable gates to the satisfaction of the City Planner if theil
3 depth of the ponds exceeds 24".
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86. Creation of a small freshwater pond area for use by wildlife. 7
adjacent sal t marsh. 6
loss of 64 square feet of isolated salt marsh through preser 85. Provide suitable fencing to protect the salt marsh and mitigat 5
84. Provide at least a 100 foot wide buffer from the wetlands bounc
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87. The department suggests that three plant 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
Mvooorum paci f i ca Acacia pecoffverde Ceanothus qriseus
Rhus Inteqrifol ia, lemonadc Acacia minuta 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 pub1 ic 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.
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91. No structures other than sidewalks shall be constructed withi foot buffer area.
1 92. The Codes, Covenants and Restrictions shall:
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a. limit the height of recreational vehicles being storg 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 fro streets.
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/I PASSED, APPROVED, AND ADOPTED at a regular meeting of tt '11 Commission of the City of Carlsbad, California, held on the 21 2/1 February, 1990, by the following vote, to wit:
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AYES : Chairperson Schramm, Commissioners: Schlehut
McFadden, Holmes & Marcus.
5 NOES : None.
6 ABSENT: None.
7 ABSTAIN: Commi ssi oner Hal 1 .
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SHARON SCHRAMM, Chairnerson CARLSBAD PLANNING COMMISSION
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I.1 ll ATTEST: 12 4 * f: ,;" 1 i 8' a ! ,>$ ;, : -; ,' <- ."
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MICHAEL J. HO'tZlrlILLE&
14 11 PLANN I NG DIRECTOR
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