HomeMy WebLinkAbout1990-07-09; Planning Commission; Resolution 3042e 0
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PLANNING COMMISSION RESOLUTION NO. 3042
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLS
CALIFORNIA, APPROVING A TENTATIVE TRACT FOR 14 CONDOMINIUM
PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD AND WES’
SANTA ISABEL.
CASE NAME: MASADER I
CASE NO: CT 89-30
6 II WHEREAS, a verified application for certain property to wit:
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Lots 407 & 408 of La Costa Meadows Unit No. 2 in the City of Carlsbad, CI
of San Diego, State of California, according to Map thereof No. 6905, filed i
office of the County Recorder of San Diego County, April 21, 1971.
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15 by law to consider said request; and
16 WHEREAS, at said public hearing, upon hearing and considering all te
17 arguments, if any, of all persons desiring to be heard, said Commission consider(
18 relating to the Tentative Tract Map CT 89-30.
19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio
has been filed with the City of Carlsbad and referred to the Planning Commissio~
WHEREAS, said verified application constitutes a request as provided by TI
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of June, 1990,
of June, 1990, and the 9th day of July, 1990, hold a duly noticed public hearing ,
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commi
APPROVES CT 89-30, based on the following findings and subject to t
conditions:
Findinns:
1. The project is consistent with the City‘s General Plan since the proposed der
du’s/acre is withh the density range of 11-15 du’s/acre specified for the site
on the Land Use Element of the General Plan, and is at or below the gr
point of 11.5.
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2. 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.
3. The Planning Commission has, by inclusion of an appropriate condition to
ensured building permits will not be issued for the project unless the Ci
determines that sewer service is available, and building cannot occur within
unless sewer service remains available, and the Planning Commission is satisj
requirements of the Public Facilities Element of the General Plan have been
as they apply to sewer service for this project.
4. School fees will be paid to ensure the availability of school facilities in the
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 a
of approval.
7. The applicant has agreed and is required by the inclusion of an approprial
to pay a public facilities fee. Performance of that contract and payment of
enable this body to find that public facilities will be available concurrent v
required by the General Plan.
8. The proposed project is consistent with the City's Planned Development Orc
also complies with the Design Guidelines Manual.
9. The proposed project is compatible with the surrounding future land
surrounding properties are designated for multi-family residential develop1
General Plan.
10. This project wil not cause any signdicant environmental impacts and
Declaration has been issued by the Planning Director on December 29
APPROVED by the Planning Commission on July 9, 1990. In approving tl
Declaration the Planning Commission has considered the initial study, the si
all required mitigation measures and any written comments received re
significant effects this project could have on the environment.
11. 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 continuec
of public facilities and will mitigate any cumulative impacts created by the
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12. This project is consistent with the City's Growth Management Ordinance as
conditioned to comply with any requirement approved as part of the LOC
Management Plan for Zone 6.
Conditions:
1. Approval is granted for CT 89-30, as shown on Exhibit(s) "A" - "M", dated M:
incorporated by reference and on file in the Planning Department. Develo
occur substantially as shown unless otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar
Tentative Map as approved by the Planning Commission. The Tentatiw
reflect the conditions of approval by the City. The map copy shall be subn
City Engineer prior to building, grading or improvement plan submittal, whicl
first.
3. A 500' scale map of the subdivision shall be submitted to the Planning Dire1
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 permits
issued for development of the subject property unless the City Engineer detc
sewer facilities are available at the time of application for such sewer pern
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 applic
public facilities fee adopted by the City Council on July 28, 1987 and as an:
time to time, and any development fees established by the City Council
Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted tl
a growth management system or facilities and improvement plan and t
subdivideis agreement to pay the public facilities fee dated August 29, 198
which is on file with the City Clerk and is incorporated by this reference. If
not paid this application will not be consistent with the General Plan and
this project will be void.
6. 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.
7. The applicant shall provide school fees to mitigate conditions of overcrow
of building permit application. These fees shall be based on the fee sched
at the time of building pennit application.
8. Water shall be provided by the Vallecitos Water District.
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9. This project shall comply with all conditions and mitigation required by the Z
incorporated herein and on file in the Planning Department and any future a
Facilities Management Plan approved by the City Council on NovembeI
4 to the Plan made prior to the issuance of building permits.
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10. If any condition for construction of any public improvements or facilities, or t
of any fees in lieu thereof, imposed by this approval or imposed by law on
are challenged this approval shall be suspended as provided in Government C
65913.5. If any such condition is determined to be invalid this approval sha
unless the City Council determines that the project without the condition co
all requirements of law.
9 11. Approval of this request shall not excuse compliance with all sections of
Ordinance and all other applicable City ordinances in effect at time of bud
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11 12. Approval of CT 89-30 is granted subject to the approval of PUD 89-14.
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13. The applicant shall provide the following note on the final map of the subc
final mylar of this development submitted to the City:
"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth A
Control Point for each General Plan land use designation. Development ca:
the Growth Control Point except as provided by Chapter 21.90. Th
designation for this development is RMH. The Growth Control Point for this
is 11.5 dwelling units per nonconstrained acre.
Parcels 407 & 408 were used to calculate the intensity of development under
Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any 1
parcels must also include parcels 407 & 408 under the General Plan and Cl
of the Carlsbad Municipal Code."
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14. The applicant shall establish a homeowner's association and correspondinl
conditions and restrictions. Said CC&R's shall be submitted to and apprl
Planning Director prior to final map approval.
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15. Trash receptacle areas shall be enclosed by a six-foot high masonry wal:
pursuant to City standards. Location of said receptacles shall be apprc
Planning Director. Enclosure shall be of similar colors and/or materials tc
to the satisfaction of the Planning Director.
16. All roof appurtenances, including air conditioners, shall be architecturally in
concealed from view and the sound buffered from adjacent properties an
substance as provided in Building Department Policy No. 80-6, to the satisfi
Directors of Planning and Building.
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4 18. The applicant shall prepare a detailed landscape and irrigation plan whi
submitted to and approved by the Planning Director prior to the issuance oi
17. An exterior lighting plan including parking areas shall be submitted for Planni
approval. All lighting shall be designed to reflect downward and avoid any
adjacent homes or property.
5 building permits, whichever occurs first.
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19. All landscaped areas shall be maintained in a healthy and thriving conditio]
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weeds, trash, and debris.
20. AU landscape plans shall be prepared to conform with the Landscape Guideli
and submitted per the landscape plan check procedures on file in th
Department.
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21. Landscape plans shall be designed to minimize water use. Lawn and other z(
(see Landscape Guidelines Manual) shall be limited to areas of special visual
or high use. Mulches shall be used and irrigation equipment and design sh
water conservation.
22. The developer shall avoid trees that have invasive root systems, produce exc
and/or are too large relative to the lot size.
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23. Planter width shall be a minimum of four (4) feet, not including curb, foot
24. Prior to final occupancy, a letter from a California licensed landscape archil 16 submitted to the Planning Director certifying that all landscaping has been
17 shown on the approved landscape plans.
18 25. The applicant shall pay a landscape plan check and inspection fee as require1
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other paving, and parking overhang.
20.08.050 of the Carlsbad Municipal Code.
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26. Trees shall be provided within the project in numbers equal to or pea1 number of residential units.
21 11 27. 20% of the required trees shall be 24" box or greater- Minimum tree size
22 gallon and shrubs shall be a minimum of 5 gallon
23 28. 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 1 24 Director prior to installation of such signs.
25 29. Building identification and/or addresses shall be placed on all new and existi
26 so as to be plainly visible from the street or access road; color of identific;
addresses shall contrast to their background color.
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28 times, or suitable alternative to the satisfaction of the Planning Director.
30. The developer shall display a current Zoning and Land Use Map in the sale!
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31. All sales maps that are distributed or made available to the public shall inch
be limited to trails, future and existing schools, parks, and streets.
32. This project is being approved as a condominium permit for residential homl
such rental shall be not less than 26 days. A condition so stating this shal 4
in the CC&R's for the project. 5
purposes. If any of the units in the project are rented, the minimum time in1
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34.
As part of the plans submitted for building permit plan check, the applicant sl
a reduced version of the approving resolutionhesolutions on a 24" x 3
drawing. Said blueline drawing(s) shall also include a copy of any applica
Development Permit and signed approved site plan.
Prior to issuance of a grading or building permit, whichever comes first, a
shall be prepared and submitted to the City of Carlsbad. If the soils report i]
presence of potential fossil bearing material then a standard two phased prog
in the Planning Department, shall be undertaken to avoid possible sidcant
paleontological resources under the direction of the Planning Department.
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35. The CC&R's shall expressly prohibit outdoor storage within private patios tl:
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15 37. Design details and materials for perimeter walls, fences, recreation areas, 01
16 and other items not specifically denoted as part of this application, shall be rt
approved by the Planning Director prior to the issuance of building permit
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38. The project irrigation system shall be designed to easily adapt to a re&
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I' Enheerinn Conditions:
2o 39. No grading permits shall be issued for this subdivision prior to recordation
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from the public street.
36. Each unit shall be equipped with an automatic garage door opener and gzm
the roll-up type.
map.
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40. This project has been reviewed for conformancy with the grading ordinanc
to be a project for which a grading permit is required. Prior to any builc
being issued for the site, a grading plan in conformance with City Standards
11.06 of the Carlsbad Municipal Code, must be submitted, approved and g
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 unless
approved otherwise pursuant to these conditions.
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41. The developer shall obtain a grading permit prior to the commencement of a
or grading of the site.
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42. The grading for this project is defined as "controlled grading" by Section 1:
of the Carlsbad Municipal Code. Grading shall be performed under the obs
a civil engineer whose responsibility it shall be to coordinate site inspection
to ensure compliance of the work with the approved grading plan, subn
Municipal Code.
reports to the City Engineer and venfy compliance with Chapter 11.06 of tl
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43. No grading shall occur outside the limits of the subdivision unless a gradi
easement is obtained from the owners of the affected properties.
44. Prior to hauling dirt or construction materials to any proposed construction
for the proposed haul route. The developer shall comply with all con 3.0
requirements the City Engineer may impose with regards to the hauling op 11
this project the developer shall submit to and receive approval from the Ci
12 45. The method of drainage shown from Santa Isabel Street to inlets on eii
wiU be required prior to final map approval. 13 project driveway is specifically not approved. A method agreeable to the cj
46. Some of the conditions above require a right-of-way permit, traffic contm l4
15 appropriate securities prior to issuance of any grading or building permit
16 47. Additional drainage easements and drainage structures shall be provided or
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may be required by the City Engineer prior to the approval of the final m
City to pay any drainage area fees established as a result of the forthcor 18
48. Prior to approval of the final map the developer shall enter into an agreemt
19 ll Drainage Plan Update.
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49. The owner of the subject property shall execute a hold harmless agreeme]
drainage prior to the approval of the Final map for this project.
50. Unless a standard variance has been issued, no variance from City :
22 authorized by virtue of approval of this tentative map.
23 51. The developer shall comply with all the rules, regulations and design require
24 respective sewer and water agencies regarding services to the project.
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52. This project is approved specifically as 1 (single) phase.
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53. The design of all private streets and drainage systems shall be approved 1
Engineer prior to approval of the final map for this project. The structural
All private streets and drainage systems shall be inspected by the City, and tl
all private streets shall conform to City of Carlsbad Standards based on R-
I improvement plan check and inspection fees shall be paid prior to approval
I map for this project. I
6 54. The developer shall provide an acceptable means for maintaining the easem
7 the subdivision and all the streets, sidewalks, street lights, storm drain fa
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sewer facilities located therein and to distribute the costs of such mainten
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equitable manner among the owners of the units within the subdivision.
55. All private driveways shall be kept clear of parked vehicles at all times, and
posted "No ParkindFire Lane Tow Away Zone" pursuant to Section 17.04.04
10 Municipal Code.
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56. The Subdivider shall provide separate sewer, water, gas, and electric services 1
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to each of the units.
57. The developer shall be responsible for coordination with S.D.G.&E., Pacific
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58. Approval of this tentative tract map shall expire twenty-four months from
Planning Commission approval unless a final map is recorded. An extens:
requested by the applicant. Said extension shall be approved or denied at th
of the Planning Commission. In approving an extension, the Planning Corn
impose new conditions and may revise existing conditions.
Fire Conditions:
59. Prior to the issuance of building permits, complete building plans shall be s
and approved by the Fire Department.
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60. Additional public and/or onsite fire hydrants shall be provided.
61. The applicant shall submit two (2) copies of a site plan showing locations
22 and proposed fire hydrants and onsite roads and drives to the Fire Marshal fi
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63. All required fire hydrants, water mains and appurtenances shall be operatic 24
62. An all-weather access road shall be maintained throughout construction.
combustible building materials being located on the project site.
64. Proposed security gate systems shall be provided with "Knox" key opera1
switch, as specified by the Fire Department.
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1 65. Fire retardant roofs shall be required on all structures. /I
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66. Brush clearance shall be maintained according to the specifications contained in
Carlsbad Landscape Guidelines Manual.
67. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkler:
systems pertinent to the project shall be submitted to the Fire Department for appr
construction.
68. Buildings exceeding l0,OOO sq. k aggregate floor area shall be sprinklered.
6 I/ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commissic
7 11 of Carlsbad, California, held on the 9th day of July, 1990, by the following vote, to wit:
a AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, McFadden,
0 Marcus and Hall.
10 /I NOES: None.
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ABSENT: None.
ABSTAIN: None.
ATTEST:
-"Dr":F>
SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSION
f 3. * '; I' I . <, " 17 J t .l '1. i,;,L ,: ,, ,iir;.-i. j. - , i ,,-
PLANNING DIRECTOR I.8 MICHAEL J. HOLZMILLER
1 i i'.f.y, 'I ,.., %-& '. I i d <;,, b j j \:*, s;c, . ,,
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