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HomeMy WebLinkAbout1990-04-18; Planning Commission; Resolution 2989w 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I PLANNING COMMISSION RESOLUTION NO. 2989 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARL5 CALIFORNIA, CONDITIONALLY APPROVING A TENTATIVE TRACT PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER CHINQUAPIN AVENUE AND HARRISON STREET. CASE NAME: BAYWALK CASE NO.: CT 89-22 WHEREAS, a verified application for certain property to wit: Lots 1 and 2 in Block "A" of resubdivided portion of tracts 238 and 243 of ' Lands, in the City of Carlsbad, County of San Diego, State of CalS according to the map thereof no. 2103, filed in the office of the County Rec of San Diego County, April 3, 1928. has been filed with the City of Carlsbad and referred to the Planning Commissio: WHEREAS, said verified application constitutes a request as provided by T, Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of April, 1990, day of April, 1990, hold duly noticed public hearings as prescribed by law to I request; and WHEREAS, at said public hearing, upon hearing and considering all tc arguments, if any, of all persons desiring to be heard, said Commission consider1 relating to the Tentative Tract Map and Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Comm APPROVES CT 89-22, based on the following findings and subject to 1 conditions: FindinRs: 1. The project is consistent with the Ciws General Plan since the proposed d( du's/acre is within the density range of 8-15 du's/acre specified for the sitc on the Land Use Element of the General Plan, and is below the growth co. 11.5. 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The site is physically suitable for the type and density of the development is adequate in size and shape to accommodate residential development 2 proposed. 3. The Planning Commission has, by inclusion of an appropriate condition tc ensured building permits will not be issued for the project unless the ( determines that sewer service is available, and building cannot occur with , unless sewer service remains available, and the Planning Commission is sat requirements of the Public Facilities Element of the General Plan have bee as they apply to sewer service for this project. 4. School fees will be paid to ensure the availability of school facilities in Unified School District. 5. Park-in-lieu fees are required as a condition of approval. 6. All necessary public improvements have been provided or will be required of approval. 7. The applicant has agreed and is required by the inclusion of an appropri to pay a public facilities fee. Performance of that contract and payment c enable this body to find that public facilities will be available concurrent required by the General Plan. 8. The proposed project is consistent with the Ciws Planned Development C also complies with the Design Guidelines Manual. 9. The proposed project is compatible with the surrounding future lanc surrounding properties are designated for RLM & RMH development on the 10. This project will not cause any significant environmental impacts anc Declaration has been issued by the Planning Director on November 11 approved by the Planning Commission on April 18, 1990. In approving Declaration the Planning Commission has considered the initial study, the all required mitigation measures and any .written comments received I significant effects this project could have on the environment. 11. The applicant is by condition, required to pay any increase in public facilit construction tax, or development fees, and has agreed to abide by a1 requirements established by a Local Facilities Management Plan prepared Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continue of public facilities and will mitigate any cumulative impacts created by th 12. This project is consistent with the City's Growth Management Ordinance a conditioned to comply with any requirement approved as part of the LC Management Plan for Zone 1. PC RES0 NO. 2989 -2- w 0 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: 1. Approval is granted for CT 89-22, as shown on Exhibit(s) "A"-"F", dated 1 incorporated by reference and on file in the Planning Department. Devel occur substantially as shown unless otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 36", myla the conditions of approval by the City. The Map copy shall be submitte Engineer prior to issuance of building permits or improvement plan submiti occurs first. Tentative Map as approved by the Planning Commission. The Tentative Ma 3. This project is approved upon the express condition that building permil issued for development of the subject property unless the City Engineer de sewer facilities are available at the time of application for such sewer pel continue to be available until time of occupancy. This note shall be place1 map. 4. This project is also approved under the express condition that the appl public facilities fee adopted by the City Council on July 28, 1987 and as a time to time, and any development fees established by the City Counci Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted a growth management system or facilities and improvement plan and subdivideis agreement to pay the public facilities fee dated June 15, 19, which is on file with the City Clerk and is incorporated by this reference. not paid this application will not be consistent with the General Plan and this project will be void. 5. The applicant shall pay park-in-lieu fees to the City, prior to the approv; map as required by Chapter 20.44 of the Carlsbad Municipal Code. 6. The applicant shall provide school fees to mitigate conditions of overcrol of building pennit application. These fees shall be based on the fee sche at the time of building permit application. 7. Water shall be provided to this project pursuant to the Water Service agree] the City of Carlsbad and the Carlsbad Municipal Water District, dated M; 8. This project shall comply with all conditions and mitigation required by the Facilities Management Plan approved by the City Council on Septem incorporated herein and on file in the Planning Department and any futurf to the .Plan made prior to the issuance of building permits. .... .... PC RES0 NO. 2989 -3- ll 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 9. If any condition for construction of any public improvements or facilities, 01 of any fees in lieu thereof, imposed by this approval or imposed by law o are challenged this approval shall be suspended as provided in Government 65913.5. If any such condition is determined to be invalid this approval SI unless the City Council determines that the project without the condition ( all requirements of law. 10. Approval of this request shall not excuse compliance with all sections c Ordinance and all other applicable City ordinances in effect at time of bu issuance. 11. The applicant shall provide the following note on the final map of the su' final mylar of this development submitted to the City: "Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Control Point for each General Plan land use designation. Development c the Growth Control Point except as provided by Chapter 21.90. 'I designation for this development is RMH. The Growth Control Point for th is 11.5 dwelling units per noncomtrained acre. All Parcels were used to calculate the intensity of development under the and Chapter 21.90. Subsequent redevelopment or resubdivision of any parcels must also include all parcels under the General Plan and Chapter Carlsbad Municipal Code." 12. The applicant shall establish a homeowner's association and correspondir conditions and restrictions. Said CC&R's shall be submitted to and app Planning Director prior to find map approval. 13. All roof appurtenances, including air conditioners, shall be architecturally i~ concealed from view and the sound buffered from adjacent properties a: substance as provided in Building Department Policy No. 80-6, to the satisl Directors of Planning and Building. 14. An exterior lighting plan including parking areas shall be submitted for Plan approval. All lighting shall be designed to reflect downward and avoid an adjacent homes or property. 15. The applicant shall prepare a detailed landscape and irrigation plan wl submitted to and approved by the Planning Director prior to the issuance 1 building permits, whichever occurs first. 16. A master plan of the existing onsite trees shall be provided to the Plannin part of the final grading plan to determine which trees shall be required to ' relocated or replaced prior to the issuance of a grading permit or a bui whichever occurs first. Those trees which are approved for removal shall bc a tree-for-tree basis as required by the Planning Director. PC RES0 NO. 2989 -4- 0 0 1 2 3 4 17. All landscaped areas shall be maintained in a healthy and thriving conditi weeds, trash, and debris. 18. The developer shall install street trees at the equivalent of 40-foot inter public street frontages in conformance with City of Carlsbad standards. T be of a variety selected from the approved Street Tree List. I 5 6 20. Building identification andlor addresses shall be placed on all new and exis1 7 Director prior to installation of such signs. so as to be plainly visible from the street or access road; color of identifi( 8 addresses shall contrast to their background color. 9 21. The developer shall display a current Zoning and Land Use Map in the salf 19. Any signs proposed for this development shall at a minimum be designed in with the City's Sign Ordinance and shall require review and approval of 10 1l 22. All sales maps that are distributed or made available to the public shall in 12 be limited to trails, future and existing schools, parks, and streets. 23. This project is being approved as a condominium permit for residential ho 13 purposes. If any of the units in the project are rented, the minimum time such rental shall be not less than 26 days. A condition so stating this sf 14 in the CC&R's for the project. I.5 24. As part of the plans submitted for building permit plan check, the applicant drawing. Said blueline drawing(s) shall also include a copy of any appli Development Permit and signed approved site plan. times, or suitable alternative to the satisfaction of the Planning Director. 16 17 18 25. Prior to issuance of a grading or building permit, whichever comes first, I shall be prepared and submitted to the City of Carlsbad. If the soils report in the Planning Department, shall be undertaken to avoid possible significa: a reduced version of the approving resolution/resolutions on a 24" x 19 paleontological resources under the direction of the Planning Department 20 presence of potential fossil bearing material then a standard two phased prc 21 22 26. The CC & R's shall expressly prohibit outdoor storage within private patios 23 27. The landscape plan shall include minimum 15 gallon trees, 5 gallon sh€ 24 from the public street. of box size trees to be determined by the Planning Director. 28. Any changes made to this approval dated April 18, 1990 as a result oj Planning Director prior to final map approval or issuance of a grading perm 25 Commission Pemit process shall be reviewed for substantial conform 26 occurs first. 27 // PC RES0 NO. 2989 -5- 28 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. Each unit shall be equipped with an automatic garage door opener. Gara: be of the "roll up" type. 30. Each unit shall be required to have separate water service and meters. 31. Design details and materials for perimeter walls, fences, recreation areas, and approved by the City Planner prior to the issuance of building permi 32. The project irrigation shall be designed to easily adapt to a reclaimed wa 33. Prior to recordation of the first final tract/parcel map or issuance of buii whichever is first, the owner shall prepare and record a notice that this prc subject to impacts from the proposed or existing Transportation Corridor meeting the approval of the Planning Director and City Attorney. and other items not specifically denoted as a part of this application, shal Ennineering: 34. All required fire hydrants, water mains, and appurtenances shall be operat combustible building materials being located on the project site. 35. Additional public water lines and onsite fire hydrants may be requi development of the project, subject to the approval of the Fire Marshal. 36. This project has been reviewed for conformancy with the grading ordinan to be a project for which a grading pennit is required. Prior to any bui being issued for the site, a grading plan in conformance with City Standard 11.06 of the Carlsbad Municipal Code, must be submitted, approved and must be completed to the satisfaction of the City Engineer. All slopes witll shall be graded no steeper than two horizontal to one vertical unles approved otherwise pursuant to these conditions. 37. No grading permits shall be issued for this subdivision prior to recordatio: map. 38. The developer shall obtain a grading permit prior to the commencement ol or grading of the site. 39. No grading shall occur outside the limits of the subdivision unless a letter is obtained from the owners of the affected properties. 40. Prior to hauling dirt or construction materials to any proposed consmctia this project the developer shall submit to and receive approval from the ( for the proposed haul route. The developer shall comply with all co requirements the City Engineer may impose with regards to the hauling c PC RES0 NO. 2989 -6- ll 0 0 1 2 3 4 5 6 7 41. Additional drainage easements and drainage structures shall be provided c may be required by the City Enbeer. 42. The developer shall make an offer of dedication to the City for all publi easements required by these conditions or shown on the tentative map. T be made by a certificate on the final map for this project. AU land so ofl granted to the City free and clear of all liens and encumbrances and with0 City. Streets that are already public are not required to be rededicated. 43. Harrison Street shall be dedicated on the final map by the develop1 subdivision frontage based on a center line to right-of-way width of 30 conformance with City of Carlsbad Standards. 8 44. Locust Street shall be dedicated on the final map by the developer along th frontage based on a center line to right-of-way width of 30 feet and in confc 9 City of Carlsbad Standards. 10 45. Plans, specifications, and supporting documents for all improvements shaU to the satisfaction of the City Engineer. Prior to approval of the fir: provided by law, improvements shown on the tentative map and t improvements to City Standards to the satisfaction of the City Engineer: 11 Subdivider shall install, or agree to install and secure with appropriat 12 13 14 15 I I i k Full half street improvements along the project frontage o Avenue, including the complete cross-gutter across the ir- Harrison Street and associated street improvements to a transitions to the cross-gutter. 16 17 B. Full half street improvements along the project frontage of Ha including the portion of the cross-gutter across the intersec~ Street. 18 19 I 20 21 22 C. Full half-street improvements along the project frontage of including an additional 13 feet of pavement south of th Assuming Locust Street has not been improved to &e subdivision, the owner shall also construct ~II M-9 guard post i with a gate and "Knox" lock across Locust Street right-of-way 2 boundary of the project. Additional pavement to provide turnaround within the existing right-of-way south of the ce also be provided. 23 24 D. All match lines of new pavement to existing shall be saw asphalt feathered to provide a smooth road surface. 25 46. Improvements listed above shall be constructed witkin 12 months of final T 26 and/or improvement plan approval, whichever occurs first. 27 11 PC RES0 NO. 2989 -7- 28 II !I 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 47. Unless a standard variance has been issued, no variance from City authorized by virtue of approval of this tentative map. 48. The developer shall construct private street accesses to public streets in s to clearly designated that the private streets are not a portion of the public The developer shall place a plaque-type sign with the legend, “PRTV BEYOND THIS POINT”, at the access point to private streets from public script on the sign shown above shall be capital letters of a size and contr be readable for a normally sighted person at a distance of 20 feet. The pro condition shall be met to the satisfaction of the City Engineer prior to Certificate of Occupancy for any portion of this project. 49. The developer shall comply with all the rules, regulations and design reg& respective sewer and water agencies regarding services to the project. 50. This project is approved specifically as 1 (single) phase. 51. The developer shall provide an acceptable means for maintaining the ease the subdivision and all the streets, sidewalks, street lights, storm drain sewer facilities located therein and to distribute the costs of such maint equitable manner among the owners of the units within the subdivision. maintenance of all private streets and other private facilities noted above : within the CC&R’s for this project subject to the approval of the City En1 52. AU private driveways shall be kept clear of parked vehicles at all times, a. posted ”No Parking/Fire Lane Tow Away Zone” pursuant to Section 17.04.( Municipal Code. 53. The Subdivider shall provide separate sewer, water, gas, and electric service to each of the units. 54. The developer shall be responsible for coordination with S.D.G.&E., Pacif and Cable TV authorities. 55. Approval of this tentative tract map shall expire twenty-four (24) months : of Planning Commission approval unless a final map is recorded. An exte requested by the applicant. Said extension shall be approved or denied at of the Planning Commission. In approving an extension, the Planning Co1 impose new conditions and may revise existing conditions. 56. Prior to approval of the final map the developer shall enter into an agreen City to pay any drainage area fees established as a result of the forthcc Drainage Plan Update. .... PC RES0 NO. 2989 -8- w 8 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 57. The developer shall install sidewalks along the private street as shown on map and also at the following locations: a. Adjacent to the southerly curb of the private street from Harrison I the comer to the driveway of unit number 29; b- from the driveway of unit number 24 adjacent to the curb to the s to the visitor parking stalls. 58. The design of all private streets and drainage systems shall be approved Engineer and secured with appropriate securities prior to approval of the : this pmject The structural section of all private streets shall conform to Cit Standards based on R-value tests. All private streets drainage systems shall by the City, and the standard improvement plan check and inspection fees prior to approval of the final map for this project 59. The developer shall underground all existing overhead utility lines along 1 of the subdivision prior to occupancy of any of the units, unless approved the City Fagineer. 60. The developer shall submit approval of the California State Coastal Cob final map approd Carlsbad Municipal Water District Conditions: 61. The entire potable and non-potable water system/systems for subject prc evaluated in detail to ensure that adequate capacity and pressure f landscaping and fire flow demands are met. 62. The developer's engineer shall schedule a meeting with the District Engineel Fire Marshal and review the preliminary water system layout prior to prep: water system improvement plans. 63. The developer will be responsible for all fees and deposits plus the major f which will be collected at time of issuance of building permit. 64. A new water main per District standards shall be installed in Locust Stret - Fire: 65. Prior to the issuance of building permits, complete building plans shall be and approved by the Fire Department. 66. Additional public and/or onsite fire hydrants shall be provided if deemed the Fire Marshal. .... PC RES0 NO. 2989 -9- 0 e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 21 28 67. 68. 69. 70. 71. 72. 73. 74- 75. 76. 77. ... ... ... ... ... The applicant shall submit two (2) copies of a site plan showing locati and proposed fire hydrants and onsite roads and drives to the Fire Marsh An all-weather access road shall be maintained throughout constructioI; All required fire hydrants, water mains and appurtenances shall be ope1 combustible building materials being located on the project site. All private driveways shall be kept clear of parked vehicles at all times, posted "No ParkindFire Lane - Tow Away Zone" pursuant to Section 17.0 Municipal Code. Fire retardant roofs shall be required on all structures. All fire alarm systems, fire hydrants, extinguishing systems, automatic other systems pertinent to the project shall be submitted to the Fire 1 approval prior to construction. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklere hour fire walls with no openings therein which shall split the building ft. (or less) areas. The project shall provide noise attenuation within all private and corn areas to levels at or below 60 dbA at points five feet or greater from tl except along Chinquapin Avenue where the noise shall be mitigated i.r wall and ten feet from the dwelling units. Approval of CX 89-22/PUD 89-10 is subject to the approval of an admjnisl for a wall height exceeding 42" in the front yard setback. The wall shall more than 15' from the units on Chinquapin Avenue as reflected on Ex 4/4/90. Mechanical ventilation shall be provided for those units facing Chinqua: A continuous masonry block wall shall be provided along the easterly prc Chinquapin Avenue to Locust Avenue. PC RES0 NO. 2989 -10- ll 0 0 1 2 3 4, PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin5 of the City of Carlsbad, California, held on the 18th day of April, 1990, by the fc to wit: I I AYES: Chairperson Schramm, Commissioners: Holmes, McFadden, E & Hall. 5 11 NOES: None. 6 7 ABSENT: Commissioner Schlehuber. ABSTAIN: None. 8 9 10 jdk &,& SHARON SCHRA", Chairperson CARLSBAD PLANNING COMMISSK 'I 11 ATTEST: 12 13 -;+ ; ' ,*: i>>+ i \.,(-;, , ~ ,,. I !">'i,i#(&&k . ., , .. ;>,&+$+=pj .. ; ,/ ,:.- g,<:, -~~-~ MICHAEL J. HO~ZMILLGR 14 11 PLANNING DIRECTOR 15 16 17 18 19 20 21 22 23 24 85 26 I1 27 28 PC RES0 NO. 2989 -11-