HomeMy WebLinkAbout1990-04-18; Planning Commission; Resolution 2989w 0
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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.
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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-
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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.
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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.
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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
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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
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1l 22. All sales maps that are distributed or made available to the public shall in
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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.
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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
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paleontological resources under the direction of the Planning Department 20
presence of potential fossil bearing material then a standard two phased prc
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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€
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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
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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
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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
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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.
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B. Full half street improvements along the project frontage of Ha
including the portion of the cross-gutter across the intersec~
Street.
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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.
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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
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and/or improvement plan approval, whichever occurs first.
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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.
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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.
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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.
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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.
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ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
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jdk &,&
SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSK
'I 11 ATTEST:
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-;+ ; ' ,*: i>>+ i \.,(-;, , ~ ,,.
I !">'i,i#(&&k . ., , .. ;>,&+$+=pj .. ; ,/ ,:.- g,<:, -~~-~
MICHAEL J. HO~ZMILLGR
14 11 PLANNING DIRECTOR
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