HomeMy WebLinkAbout1990-04-18; Planning Commission; Resolution 3012? e 0
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PLANNING COMMISSION RESOLUTION NO. 3012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLS
CALIFORNIA, APPROVING A FIVE LOT TENTATIVE TRACT MAP ON PROP
GENERALLY LOCATED NORTH OF BUENA VISTA AVENUE BETWEEN ARI
AND VALLEY STREET,
CASE NAME: WEST PALM
CASE NO.: CT 89-32
WHEREAS, a verified application for certain property to wit:
Portion of Lots 3 and 4 of Wilsonia Tract, Map 2169 City of Carlsbad, Cl
of San Diego.
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 18th day of April, 1990
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tt
arguments, if any, of all persons desiring to be heard, said Commission consider
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 Commissic
CT 89-32, based on the following findings and subject to the following c
Findings:
1. The project is consistent with the Citfs General Plan since the proposed (
du’s/acre is within the density range of 0-4 du’s/acre specified for the sitc
on the Land Use Element of the General Plan
2. The project is consistent with the Gtfs Growth Management Ordinance ev
density of 3.3 du’s/acre exceeds the Growth Control Point of 3.2 du’s/acre
have been sufficient developments approved in the Northwest Quadran
below the Growth Control Point. Approval of this project will not exceed q
and suflicient public facilities are in place to accommodate the project.
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3. The project will provide su€iicient additional public facilities for the densiv
the control point to ensure that the adequacy of the City's public facilities p
be adversely impacted.
4. All necessary public facilities required will be constructed concurrently with
them created by this development and in conformance with adopted City
5. The site is physically suitable for the type and density of the proposed devel
the site is adequate in size and shape to accommodate residential develo]
density proposed.
6. The project is in compliance with the development standards of the R-1 2
7. The Planning Commission has, by inclusion of an appropriate condition tc
ensured that the final map will not be approved unless the City Council fin
a condition that a note shall be placed on the final map that building per
be issued for the project unless the City Engineer determines that sew
available, and building cannot occur within the project unless sewer sei
available, and the Planning Commission is satisfied that the requirements
Facilities Element of the General Plan have been met insofar as they aF
service for this project.
service is available to serve the project. In addition, the Planning Commissil
8. Park-in-lieu fees are required as a condition of approval.
9. All necessav public improvements have been provided or will be required
of approval.
10. 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 a
enable this body to find that public facilities will be available concurrent
required by the General Plan.
11. Assurances have been given that adequate sewer for the project will be prl
City of Carlsbad.
12. The proposed project is compatible with the surrounding future lan
surrounding properties are designated for Single Family Residential develo
General Plan.
13. This project will not cause any significant environmental impacts an(
Declaration has been issued by the Planning Director on December 2
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 :
significant effects this project could have on the environment.
PC RES0 NO. 3012 -2-
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14. The applicant is by condition, required to pay any increase in public faciliq
construction tax, or development fees, and has agreed to abide by an
requirements established by a Local Facilities Management Plan prepared
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continue1
of public facilities and will mitigate any cumulative impacts created by thc
15. This project is consistent with the Ciiy's Growth Management Ordinance a
conditioned to comply with any requirement approved as part of the Lo
Management Plan for Zone 1.
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Standard Conditions;
1. Approval is granted for CT 89-32, as shown on Exhibit "A", dated Mar4
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
Tentative Map as approved by the Planning Commission. The Tentative Mal
the conditions of approval by the City. The Map copy shall be submittec
Engineer prior to building, grading or improvement plan submittal, whic
first.
3. A 500' scale map of the subdivision shall be submitted to the Planning Dir~
the recordation of the final map. Said map shall show all lots and street
adjacent to the project.
15 4. This project is approved upon the express condition that the final map
is available to serve the subdivision. 16 approved unless the City Council finds as of the time of such approval that
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5. This project is approved upon the express condition that building permii
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 place'
map.
6. 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 2
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 September 1,
of which is on file with the City Clerk and is incorporated by this referenc
are not paid this application will not be consistent with the General Plan
for this project will be void.
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The applicant shall pay park-in-lieu fees to the City, prior to the approval
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate conditions of overcrow
of building permit application. These fees shall be based on the fee schec
at the time of building permit application.
Water shall be provided to this project pursuant to the Water Service agreelr
the City of Carlsbad and the Carlsbad Municipal Water District, dated Mal
This project shall comply with all conditions and mitigation required by the
Facilities Management Plan approved by the City Council on Septeml:
incorporated herein and on file in the Planning Department and any future
to the Plan made prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or
of any fees in lieu thereof, imposed by this approval or imposed by law 01
are challenged this approval shall be suspended as provided in Government
65913.5. If any such condition is determined to be invalid this approval sh
unless the City Council determines that the project without the condition c
all requirements of law.
Approval of this request shall not excuse compliance with all sections o
Ordinance and all other applicable City ordinances in effect at time of bu
issuance.
The applicant shall provide the following note on the final map of the sul
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. T
designation for this development is (RLM) 0-4 du/acres. The Growth Con this designation is 3.2 dwelling units per nonconstrained acre.
The applicant shall submit a street name list consistent with the City's stree
subject to the Planning DirectoJs approval prior to final map approval.
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15. 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
Director prior to installation of such signs.
16. Building identification and/or addresses shall be placed on all new and exis
so as to be plainly visible from the street or access road; color of identific
addresses shall contrast to their background color.
PC RES0 NO. 3012 -4-
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17. As part of the plans submitted for building permit plan check, the applicant
a reduced version of the approving resolutionhesolutions on a 24" x
drawing. Said blueline drawing(s) shall also include a copy of any applic
Development Permit and signed approved site plan.
18. Prior to issuance of a grading or building permit, whichever comes first, :
shall be prepared and submitted to the City of Carlsbad. If the soils report
presence of potential fossil bearing material then a standard two phased pro
in the Planning Department, shall be undertaken to avoid possible significar
paleontological resources under the direction of the Planning Department.
19. The front yard setback for the panhandle lot shall be measured from the
which runs perpendicular to James Drive and closest to Lot 1.
20. A Master Plan of the existing onsite trees shall be provided to the Plannjn
part of the final grading plan to determine which trees shall be required to
relocated or replaced prior to the issuance of a grading or building perm
for-tree basis as required by the Planning Director.
occurs first. Those trees which are approved for removal shall be replao
21. The applicant shall submit a street name list consistent with the City's streel
subject to the Planning Director's approval prior to final map approval
22. A deed restriction shall be recorded on all lots, which states that the stree
five lot tentative map is a temporary cul-de-sac street and may be extended
in the future.
Engineering Conditions:
23. All required fire hydrants, water mains, and appurtenances shall be operat
combustible building materials being located on the project site.
24. Additional public water lines and onsite fire hydrants may be requi
development of the project, subject to the approval of the Fire Marshal.
25. The owner of the subject property shall execute a Hold Harmless Agreem
the panhandle lot prior to approval of the final map.
26. The owner of the subject property shall execute a Hold Harmless Agreem
drainage across the adjacent property prior to the approval of the hal
project.
27. This project has been reviewed for conformancy with the grading ordinar
to be a project for which a grading permit is required. Prior to any bu
being issued for the site, a grading plan in conformance with City Standarc
11.06 of the Carlsbad Municipal Code, must be submitted, approved and
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must be completed to the satisfaction of the City Engineer. All slopes wit hi^
shall be graded no steeper than two horizontal to one vertical unles:
approved otherwise pursuant to these conditions.
28. No grading permits shall be issued for this subdivision prior to recordatior
map.
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29. The developer shall obtain a grading pennit prior to the commencement of
or grading of the site.
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30.
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31.
The grading for this project is defined as "controlled grading" by Section :
of the Carlsbad Municipal Code. Grading shall be performed under the 01
a civil engineer whose responsibility it shall be to coordinate site inspectior
to ensure compliance of the work with the approved grading plan, sub:
Municipal Code.
No grading shall occur outside the limits of the subdivision unless a letter c
is obtained from the owners of the affected properties.
Prior to hauling dirt or construction materials to any proposed constructior
this project the developer shall submit to and receive approval from the C
for the proposed haul route. The developer shall comply with all cor
requirements the City Engineer may impose with regards to the hauling 01
reports to the City Engineer and verify compliance with Chapter 11.06 of
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33. Additional drainage easements and drainage structures shall be provided or
may be required by the City Engineer.
34. The developer shall make an offer of dedication to the City for all public
easements required by these conditions or shown on the tentative map. Th
be made by a certificate on the final map for this project. All land so off€
granted to the City free and clear of all liens and encumbrances and &thou
City. Streets that are already public are not required to be rededicated.
19 I 35. Buena Vista Avenue shall be dedicated by the developer along the subdivisj
based on a center line to right-of-way width of 30 feet and in conformance
20 Carlsbad Standards prior to occupancy of any buildings.
21 36. Plans, specifications, and supporting documents for all improvements shall
provided by law, improvements shown on the tentative map and th
to the satisfaction of the City Engineer. Prior to approval of the fin,
improvements to City Standards to the satisfaction of the City Engineer.
22 Subdivider shall install, or agree to install and secure with appropriate
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k Full half-street improvements along the project frontage along Buena V
including transitions to existing pavement
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B. Full improvements along both sides of James Drive along the projec
37. Improvements listed above shall be constructed within 12 months of final rn
and/or improvement plan approval, whichever occurs first.
38. Unless a standard variance has been issued, no variance from City
authorized by virtue of approval of this tentative map.
39. The developer shall comply with all the rules, regulations and design requirf
respective sewer and water agencies regarding services to the project.
40. This project is approved specifically as 1 (single) phase.
41. The Subdivider shall provide separate sewer, water, gas, and electric services
to each of the units.
42. The developer shall be responsible for coordination with S.D.G.&E., Pacifi
and Cable TV authorities.
43. Approval of this tentative tract map shall expire twenty-four months (24) f
of Planning Commission approval unless a final map is recorded. An exter
requested by the applicant. Said extension shall be approved or denied at t
of the Planning Commission In approving an extension, the Plannjng Con
impose new conditions and may revise existing conditions.
44. The developer shall enter into an agreement to pay fees for future underr
all existing overhead utility lines along the boundary of the subdivision F
map approval.
45. The design of de improvement plans for James Drive shall incorporate
engineering studies addressing the proper sizing, locations and elevations oj
(sewers and storm drains) for their future northerly upstream tie-ins and s
These studies shall be submitted concurrently with improvement plan SI
review.
46. The developer shall pay the current local drainage area fee prior to approva
map for this project or shall construct drainage systems in confonnance
Drainage Plan and City of Carlsbad Standards as required by the City En
developer shall also enter into an agreement with the City to pay any additic
area fees established as a result of the forthcoming Master Drainage Plan
47. Prior to the approval of the final map the developer shall submit a cash de
future removal of the temporary cul-de-sac and the construction of the ul
gutter and sidewalk along the project frontage on both sides of James 1
northerly boundary of the project
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48. No grading shall be allowed within 5 to 10 feet of and adjacent to the en1
a secondary outlet for drainage from the sump in James Drive in the eve 1
drain would become plugged. A note to this effect shall be placed on thc 2
the easterly property line of lot 1 as required by the City Engineer. This
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49. This project has been identified as a property being served by the Buena
Sewer Main. City Council resolution No. 7720 established a sewer main re
benefited area. Each new lot (EDU) created by this subdivision (5 lots) will
to pay this $1815.00 sewer main reimbumment fee at the time of issuance 1
permit for each lot.
fee (line cost fee) of $1815.00 for each EDU (equivalent dwelling unit) devi.
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7 50. The owner shall pay for and submit an application for the vacating/quit&
existing 30 foot wide road easement that runs through portions of propos
decided by the City Council
8 and 3. Prior to final map approval, the issue of vacating/quit&hing is to 1
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10 II Fire Conditions:
I.J. ll 51. Additional public and/or onsite fire hydrants shall be provided if deemed ,
the Fire Marshal.
l2 /I 52. The applicant shall submit two (2) copies of a site plan showing location:
13 and proposed fire hydrants and onsite roads and drives to the Fire Marshal 1
14 53. h all-weather access road shall be maintained throughout construction.
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54. All required fire hydrants, water mains and appurtenances shall be operatic
combustible building materials being located on the project site.
55. Fire retardant roofs shall be required on all structures.
56. Lot 2 requires an additional hydrant to be located 150 feet east of driveway
with James Drive.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
of the City of Carlsbad, California, held on the 18th day of April, 1990, by the fol
to wit:
AYES: Chairperson Schramm, Commissioners: Holmes, McFadden, Erwj
NOES: None.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
ATTEST:
CARLSBAD PLANNING COMMISSIO
1 MICHAEL J. HOLZMILL~R
PLANNING DIRECTOR
PC RES0 NO. 3012 -9-