HomeMy WebLinkAbout1990-04-04; Planning Commission; Resolution 2993-1 /I 0 0
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PLANNING COMMISSION RESOLUTION NO. 2993
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE MAP ON
PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER
OF LAS FLORES DRIVE AND TUTTLE STREET.
CASE NAME: VISTA SAN MALO
CASE NO.: CT 89-35
WHEREAS, a verified application for certain property to wit:
A portion of Tract 4 of Laguna Mesa Tracts according to map no.
1719 in the City of Carlsbad, County of San Diego.
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has been filed with the City of Carlsbad and referred to the Planning Commission;
WHEREAS, said verified application constitutes a request as provided
lo of the Carlsbad Municipal Code; and
l1 I1 WHEREAS, the Planning Commission did, on the 4th day of April, 1
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13 duly noticed public hearing as prescribed by law to consider said request; and
14 /I WHEREAS, at said public hearing, upon hearing and considering all ter
15 I/ arguments, if any, of all persons deskkg to be heard, said Commission considerec
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relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Co:
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1 A) That the above recitations are true and correct. 19
follows:
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B) That based on the evidence presented at the public hearing, the Commission
CT 89-35, based on the following findings and subject to the following con(
22 1/ Findings:
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1. The project is consistent with the City‘s General Plan since the proposed de
du’s/acre is within the density range of 0-4 du’s/acre specified for the site as i
the Land Use Element of the General Plan. Although the project is above
control point of 3.2 du/acre, there will not be an adverse impact on the dl
allowance in the Northwest Quadrant because there have been sufficient projec
in Zone 1 below the Growth Control Point of 3.2 du/acre, thus creating a dl
surplus.
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2. The project will provide sufficient additional public facilities for the density
the control point to ensure that the adequacy of the City's public facilities pl
be adversely impacted
3. All necessary public facilities required by this chapter will be constructed I
with the need for them created by this development and in compliance with i
Standards.
4. The site is physically suitable for the type and density of the development si
is adequate in size and shape to accommodate residential development at
proposed.
5. The Planning Commission has, by inclusion of an appropriate condition to
ensured that the final map will not be approved unless the City Council find
service is available to serve the project. In addition, the Planning Commissio
a condition that a note shall be placed on the final map that building permits
issued for the project unless the City Engineer determines that sewer service
and building cannot occur within the project unless sewer service remains a1
the Planning Commission is satisfied that the requirements of the Public Facili
of the General Plan have been met insofar as they apply to sewer service for
6. Park-in-lieu fees are required as a condition of approval.
7. All necessary public improvements have been provided or will be required a:
of approval.
8. The applicant has agreed and is required by the inclusion of an appropriate (
pay a public facilities fee. Performance of that contract and payment of
enable this body to find that public facilities will be available concurrent w
required by the General Plan.
9. Assurances have been given that adequate sewer for the project will be prov
City of Carlsbad.
10. The proposed project is consistent with the City's Planned Development Orc
also complies with the Design Guidelines Manual.
11. The proposed project is compatible with the surrounding future land surrounding properties are designated for single-family residential developn
General Plan.
12. This project will not cause any significant environmental impacts and a Mitigat
Declaration has been issued by the Planning Director on January 17, 1990 ar
by the Planning Commission on April 4, 1990. In approving this Mitigate
Declaration the Planning Commission has considered the initial study, the st:
all required mitigation measures and any written comments received reg
significant effects this project could have on the environment.
PC RES0 NO. 2993 -2-
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13. This subdivision exceeds the minimum 7,500 square foot lot size requirema
zone and sufficient public facilities to serve the requested project density of 3
are being provided so that the Gtfs public facilities will not be advenely itq
14. The applicant is by condition, required to pay any increase in public facility f:
construction tax, or development fees, and has agreed to abide by any
requirements established by a Local Facilities Management Plan prepared p
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued av;
public facilities and will mitigate any cumulative impacts created by the projf
15. This project is consistent with the Citfs Growth Management Ordinance as j
conditioned to comply with any requirement approved as part of the Loca
Management Plan for Zone 1.
Conditions:
1. Approval is granted for CT 89-35, as shown on Exhibit(s) "A"-"F", dated Marl
occur substantially as shown unless otherwise noted in these conditions.
incorporated by reference and on file in the Planning Department. Develol
2. The developer shall provide the City with a reproducible 24" x 36", mylar c
Tentative Map as approved by the Planning Commission. The Tentative Map 5
the conditions of approval by the City. The map copy shall be submitted
Engineer prior to building, grading or improvement plan submittal, whichever (
3. A 500' scale map of the subdivision shall be submitted to the Planning Direcl
the recordation of the final map. Said map shall show all lots and streets
adjacent to the project.
4. This project is approved upon the express condition that building pennits 1
issued for development of the subject property unless the City Engineer dete
sewer facilities are available at the time of application for such sewer perm:
continue to be available until time of occupancy. This note shall be placed (
map.
5. This project is also approved under the express condition that the applicant pa:
facilities fee adopted by the City Council on July 28, 1987 and as amended fi
time, and any development fees established by the City Council pursuant to Ch
of the Carlsbad Municipal Code or other ordinance adopted to implemen
management system or facilities and improvement plan and to fulfill the
agreement to pay the public facilities fee dated September 27, 1989, a copy
on file with the City Clerk and is incorporated by this reference. If the fees a
this application will not be consistent with the General Plan and approval for
will be void.
6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of tl
as required by Chapter 20.44 of the Carlsbad Municipal Code.
PC RES0 NO. 2993 -3-
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The applicant shall provide school fees to mitigate conditions of overcrowding
building permit application. These fees shall be based on the fee schedule in ef
time of building permit application.
Water shall be provided to this project pursuant to the Water Service agreemer
the City of Carlsbad and the Carlsbad Municipal Water Dishict, dated May 25
This project shall comply with all conditions and mitigation required by the Zo
Facilities Management Plan approved by the City Council on September
incorporated herein and on file in the Planning Department and any future am
to the Plan made prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or th
of any fees in lieu thereof, imposed by this approval or imposed by law on this
challenged this approval shall be suspended as provided in Government Co
65913.5. If any such condition is determined to be invalid this approval shall
unless the City Council detennines that the project without the condition con
all requirements of law.
Approval of this request shall not excuse compliance with all sections of t
Ordinance and all other applicable City ordinances in effect at time of build
issuance.
Approval of CT 89-35 is granted subject to the approval of PUD 89-17.
The applicant shall establish a homeowner‘s association and corresponding
conditions and restrictions. Said CC&R’s shall be submitted to and appro’
Planning Director prior to final map approval.
mior to approval of the final map, the applicant shall dedicate Lot 5 to the H(
Association as permanent open space. Lot 5 shall be maintained by the Hc
Association. This stipulation shall be included in the Cc&R’s.
The applicant shall submit a street name list consistent with the City‘s street r
subject to the Planning Director‘s approval prior to final map approval.
The applicant shall prepare a detailed landscape and irrigation plan whic
submitted to and approved by the Planning Director prior to the issuance of
building permits, whichever occurs first.
AU landscaped areas shall be maintained in a healthy and thriving conditior
weeds, trash, and debris.
PC RES0 NO. 2993 -4-
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18. Existing onsite trees shall be retained wherever possible and shall be trimm~
topped. Dead, decaying or potentially dangerous trees shall be approved for 1
the discretion of the Planning Department during the review of a Master Plan
showing existing onsite trees. Those trees which are approved for remova
replaced on a tree-for-tree basis as required by the Planning Department.
19. The developer shall install street trees at the equivalent of 40-foot intervals
public street frontages in conformance with City of Carlsbad standards. The
be of a variety selected from the approved Street Tree List.
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20, All landscape plans shall be prepared to conform with the Landscape Guidelin
and submitted per the landscape plan check procedures on file in the
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21. The developer shall avoid trees that have invasive root systems, produce exce
and/or are too large relative to the lot size.
22. Prior to final occupancy, a letter from a California licensed landscape archite
submitted to the Planning Director certifying that all landscaping has been i
11 shown on the approved landscape plans.
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The applicant shall pay a landscape plan check and inspection fee as required
20.08.050 of the Carlsbad Municipal Code.
The first set of. landscape and irrigation plans submitted shall include built
improvement plans and grading plans.
All landscape and irrigation plans shall show existkg and proposed contour
match the grading plans in terms of scale and location of improvements.
The number of trees in a residential project shall be equal to or greater than 1
of residential units.
Any signs proposed for this development shall at a minimum be designed in c(
with the City's Sign Ordinance and shall require review and approval of th
Director prior to installation of such signs.
Building identification and/or addresses shall be placed on all new and existin
so as to be plainly visible from the street or access road; color of identificat
addresses shall contrast to their background color.
As part of the plans submitted for building pennit plan check, the applicant SI
a reduced version of the approving resolutiodresolutions on a 24" x 36 blueli
Said blueline drawing(s) shall also include a copy of any applicable Coastal D
Permit and signed approved site plan.
Prior to the approval of a final map, the applicant shall receive approval c
Development Permit issued by the California Coastal Commission that s
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conforms to this approval. If substantially different, an amendment to CX 89-
required.
31. Prior to the occupancy of individual units, the applicant shall construct an *I
sound attenuation wall along the front portion of Lot 1 as shown on approved E
32. Interior noise levels shall be mitigated to 45 dba CNEL when openings to the
the residence are closed. If openings are provided, mechanical ventilati01
provided
33. Prior to recordation of the final tract map, the owner shall prepare and rec01
that this properly maybe subject to impacts from the proposed or existing Tm
Corridor in a manner meeting the approval of the Planning Director and c;tl
(See Form Noise 1).
Ennineering:
34. No grading permits shall be issued for this subdivision prior to recordation (
map.
35. This project has been reviewed for conformancy with the grading ordinance ax
be a project for which a grading permit is required. Prior to any building pel
issued for the site, a grading plan in conformance with City Standards and Set
of the Carlsbad Municipal Code, must be submitted, approved and grading wc
completed to the satisfaction of the City Engineer. AU slopes within &s projc
graded no steeper than two horizontal to one vertical unless specificallJ
otherwise pursuant to these conditions.
36. The developer shall obtain a grading permit prior to the commencement of a
or grading of the site.
37. No grading shall occur outside the limits of the subdivision unless a letter of
is obtained from the owners of the affected properties.
38. A separate grading plan shall be submitted and approved and a separate grai
issued for the borrow or disposal site if located within the city limits.
39. Prior to hauling dirt or construction materials to any proposed construction
this project the developer shall submit to and receive approval from the City E
the proposed haul route. The developer shall comply with all conditions and rt
' the City Engineer may impose with regards to the hauling operation.
40. Additional drainage easements and drainage structures shall be provided or
may be required by the City Engineer prior to issuance of building permits permits which ever OCCUTS first
PC RES0 NO. 2993 -6-
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The owner of the subject property shall execute a hold harmless agreement
drainage across the adjacent property prior to the approval of the final ma
project.
The developer shall make an offer of dedication to the City for all public s easements required by these conditions or shown on the tentative map. The
be made by a certificate on the final map for this project. All land so offer€
granted to the City free and clear of all liens and encumbrances and without
City. Streets that are already public are not required to be rededicated.
Tuttle Street shall be dedicated by the developer along the subdivision frontag
a center line 'to right-of-way width of 30 feet and. in conformance with City c
Standards prior to occupancy of any buildings.
Direct access rights for all lots abutting Los Flores Drive shall be waived on the
Plans, specifications, and supporting documents for all improvements shall be I
the satisfaction of the City Engineer. Prior to approval of the final map, the
shall install, or agree to install and secure with appropriate security as provid
improvements shown on the tentative map and the following improvemer
Standards to the sadsfaction of the City Enbeer.
k Full 1/2 street width improvemenls including curb, gutter an
along Tuttle Street and taper into existing AC berm on Tuttle
B. Relocate fire hydrant on Tuttle Street
C. Place manhole at connection of 6" sewer main with 8" sewer I
D. Repair sidewalk along project frontage on Las Flores Drive.
Flores Drive.
A note to this effect shall be placed on the final map.
Improvements listed above shall be constructed within 12 months of final m;
and/or improvement plan approval, whichever occurs first.
The developer shall install a wheelchair ramp at the public street comer a
subdivision in conformance with City of Carlsbad Standards prior to occup:
buildings.
All conditions listed above require a ri&t-of-way permit, traffic cont~ol
appropriate securities prior to the issuance of any building permit
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25 Engineer prior to approval of the final map for this project. The structural sc
private streets shall conform to City of Carlsbad Standards based on R-valu
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49. Unless a standard variance has been issued, no variance from City Standards 5
by virtue of approval of this Tentative Map.
50. The design of all private streets and drainage systems shall be approved
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private streets and drainage systems shall be inspected by the City, and thf
improvement plan check and inspection fees shall be paid prior to approval o
map for this project.
51. The developer shall provide a covenant for easement for the following private 1
1. Eight foot wide private sewer easement running nord/south
western boundaq of subject property.
2. Five foot wide private drainage easement running no&south
western boundary of subject property.
52. The developer shall dedicate the following easements to the City with the fee
held by the homeowners association:
1. General utility and access easement which covers private street, (
and sidewalk
2. Lot 5 as an open space easement
53. The developer shall obtain the following easement prior to final map approv:
Six foot wide private drainage easement running westerly to Jefferso
subject property.
54. The developer shall provide an acceptable means for maintaining the easement!
subdivision and all the streets, sidewalks, street lights, storm drain facilities
facilities located therein and to distribute the costs of such maintenance in a
manner among the owners of the units within the subdivision. Such provisi
specified in the CC&Rs for the project and shall be approved by the City En;
to final map approval.
55. Some improvements shown on the Tentative map and/or required by these co:
located offsite on property which neither the City nor the subdivider has su
or interest to permit the improvements to be made without acquisition of title
The Subdivider shall conform to Section 20.16.095 of the Carlsbad Municipa
56. The developer shall comply with all the rules, regulations and design requirer
respective sewer and water agencies regarding services to the project.
57. The developer shall be responsible for coordination with S.D.G.&E., Pacific Tek
Cable TV authorities.
58. This project is approved specifically as 1 (single) phase.
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1 59. Approval of this tentative tract map shall expire twenty-four months from the d
Council approval unless a final map is recorded. An extension may be reques
2 applicant. Said extension shall be approved or denied at the discretion a
3 may revise existing conditions.
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60. The developer shall submit approval of the California State Coastal Commissic
overhead utility lines along the boundary of the subdivision prior to final ma] 6 61. The developer shall enter into an agreement to pay fees for undergrounding of
7 62. Prior to approval of the final map the developer shall enter into an agreeme]
City to pay any drainage area fees established as a result of the forthcom
Drainage Plan Update.
Council, In approving an extension, the City Council may impose new conc
parcel map approval.
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63. The method of draining the private street is specifically not approved as shc
tentative map. A method of draining the private driveway must be establis
satisfaction of the City Engineer.
- Fire :
64. Additional public and/or onsite fire hydrants may be required
65. The applicant shall submit two (2) copies of a site plan showing locations of e
proposed fire hydrants and onsite roads and drives to the Fire Marshal for a]
66. An all-weather access road shall be maintained throughout construction.
67. All required fire hydrants, water mains and appurtenances shall be operatio]
combustible building materials being located on the project site.
18 /1 68. Fire retardant roofs shall be required on all structures.
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I 69. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkler:
systems pertinent to the project shall be submitted to the Fire Department f;
prior to construction.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 4th day of April, 19!
following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Hol~
McFadden, Erwin, Marcus & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None. 8 . ..
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CARLSBAD PLANNING COMMISSION
ATTEST:
A"
MICHAEL J. HOSMILLEQ
PLANNING DIRECTOR
PC RES0 NO. 2993 -10-