HomeMy WebLinkAbout1990-08-01; Planning Commission; Resolution 3064-1 *t v Y
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PLANNING COMMISSION RESOLUTION NO. 3064
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSE
CALIFORNIA, APPROVING A SEVENTEEN LOT TENTATIVE TRACT MAP
PROPERTY GENERALLY LOCATED NORTHWEST CORNER OF MAGNC
AVENUE AND VALLEY STREET.
CASE NAME: PARADISE COURT
CASE NO: CT 89-36
WHEREAS, a verified application for certain property to wit:
That portion of Tract No. 245 of "hum Lands, in the City of Carlsbad, accorr to Map 1681, County of San Diego,
has been filed with the City of Carlsbad and referred to the Planning Commission; E
WHEREAS, said verified application constitutes a request as provided by Tit
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of August, 1990,
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tes
arguments, if any, of all persons desiring to be heard, said Commission considerec
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
CT 89-36, based on the following findings and subject to the following cond
Findings:
1. The project is consistent with the Gtfs General Plan since the proposed da
dus/acre is within the density range of 0-4 dus/acre specified for the site as i
the Land Use Element of the General Plan and below the growth control 1
dudacre.
~ 2. The site is physically suitable for the type and density of the proposed develo]
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~ 3. The project is in compliance with the development standards of the R-1 Zom
the site is adequate in size and shape to accommodate residential develop]
density proposed.
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4. 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 ati
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 1
5. School fees will be paid to ensure the availability of school facilities in tl
School District.
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 c
pay a public facilities fee. Performance of that contract and payment of the fet
this body to find that public facilities will be available concurrent with need
by the General Plan.
9. The proposed project is compatible with the surrounding future land
surrounding properties are designated for Single Family Residential develop1
General Plan.
10. This project will not cause any significant environmental impacts and
Declaration has been issued by the Planning Director on January 24,1990, an
by the Planning Commission on August 1,1990. In approving this Negative
the Planning Commission has considered the initial study, the staff analysis,
mitigation measures and any written comments received regarding the sign%
this project could have on the environment.
11. The applicant is by condition, required to pay any increase in public facility
construction tax, or development fees, and has agreed to abide by any
requirements established by a Local Facilities Management Plan prepared 1
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued av
public facilities and will mitigate any cumulative impacts created by the projc
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 1.
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PC RES0 NO. 3064 -2-
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Conditions:
1. Approval is granted for CT 89-36, as shown on Exldbh "A'), dated Jum
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 Tentative Map
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 Direc
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 the final map s:
approved unless the City Council finds as of the time of such approval that SE
is available to serve the subdivision.
5. This project is approved upon the express condition that building permits
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.
,6. 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 October 25, 1989, a copy of 7
file with the City Clerk and is incorporated by this reference. If the fees are n
application will not be consistent with the General Plan and approval for this
be void.
7. 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.
8. The applicant shall provide school fees to mitigate conditions of overcrowdin
building permit application. These fees shall be based on the fee schedule in I
time of building permit application.
9. Water shall be provided to this project pursuant to the Water Service agreeme
the City of Carlsbad and the Carlsbad Municipal Water District, dated May 2!
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PC RES0 NO. 3064 -3-
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10. This project shall comply with all conditions and mitigation required by the 2
incorporated herein and on file in the Planning Department and any future 2
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to the Plan made prior to the issuance of building permits. 2
Facilities Management Plan approved by the City Council on Septembf
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11. If any condition for construction of any public improvements or facilities, or 1
of any fees in lieu thereof, imposed by this approval or imposed by law on thi
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. 1
7 12. Approval of this request shall not excuse compliance with all sections of
Ordinance and all other applicable City ordinances in effect at time of buil a issuance.
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13. The applicant shall provide the following note on the final map of the sub(
final mylar of this development submitted to the City:
"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Managen
Point for each General Plan land use designation. Development cannot exceed
Control Point except as provided by Chapter 21.90. The land use designat
development is (RLM) 0-4 ddacres. The Growth Control Point for this desigr
dwelling units per nonconstrained acre.
14. The applicant shall submit a street name list consistent with the City's street 1
subject to the Planning DirectoJs approval prior to final map approval.
15. Any signs proposed for this development shall at a minimum be designed in cc
with the City's Sign Ordinance and shall require review and approval of tl
Director prior to installation of such signs.
16. 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.
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17. The project shall provide bus stop facilities at locations subject to the satisfac
North County Transit District. Said facilities shall at a minimum include a
from advertising, and a pole for the bus stop sign. The bench and pole shall 1
in a manner so as to not detract from the basic architectural theme of the projc
design shall be subject to the approval of the Planning Director and North COI
District.
18. As part of the plans submitted for building permit plan check, the applicant s;
a reduced version of the approving resolutionhesolutions on a 24" x 36 bluek
25 19. Prior to issuance of a grading or building permit, whichever comes first, a soils :
26 be prepared and submitted to the City of Carlsbad. If the soils report in
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presence of potential fossil bearing material then a standard two phased pro2
in the Planning Department, shall be undertaken to avoid possible significanl
paleontological resources under the direction of the Planning Department.
20. The applicant shall submit for review a uniform perimeter fencing plan ant
designed to the satisfaction of the Planning Director prior to issuance of
permit The fencing must be installed prior to final inspection of the gradin
Engineering Conditions:
21. NO grading permits shall be issued for this subdivision prior to recordation
map.
22. This project has been reviewed for conformancy with the grading ordinance a
be a project for which a grading permit is required. Prior to any building pt
issued for the site, a grading plan in conformance with City Standards and St
of the Carlsbad Municipal Code, must be submitted, approved and grading w
completed to the satisfaction of the City Engineer. All slopes within this pro;
graded no steeper than two horizontal to one vertical unless specificall
otherwise pursuant to these conditions.
23. The developer shall obtain a grading permit prior to the commencement of i
or grading of the site.
24. The grading for this project is defined as "controlled grading" by Section 11.C
the Carlsbad Municipal Code. Grading shall be performed under the observab
engineer whose responsibility it shall be to coordinate site inspection and testh
compliance of the work with the approved grading plan, submit required re] City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Mun:
25. No grading shall occur outside the limits of the subdivision unless a gradi
easement is obtained from the owners of the affected properties. If the c
unable to obtain the grading or slope easement, he must either amend or chan:
so grading will not occur outside the project site in a manner which substantial
to the approved tentative map as determined by the City Engineer and Planni
26. A separate grading plan shall be submitted and approved and a separate gra
issued for the borrow or disposal site if located within the city limits.
27. Prior to hauling dirt or construction materials to any proposed construction sitc
project the developer shall submit to and receive approval from the City Engi
proposed haul route. The developer shall comply with all conditions and requi
City Engineer may impose with regards to the hauling operation.
28. Additional drainage easements and drainage structures shall be provided or
may be required by the City Engineer.
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PC RES0 NO. 3064 -5-
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29. The developer shall pay the current local drainage area fee prior to approval 1
map for this project or shall construct drainage systems in conformance with
Drainage Plan and City of Carlsbad Standards as required by the City Enginec
30. 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.
31. The developer shall enter into an agreement to pay fees for undergrounding of
overhead utility lines along the boundary of the subdivision prior to final ma
32. The owner of the subject property shall execute a hold harmless agreemen
drainage across the adjacent property prior to the approval of the final m
project.
33. 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. The
be made by a certificate on the final map for this project. All land so offel
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.
34. Plans, specifications, and supporting documents for all improvements shall be
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 provii
Standards to the satisfaction of the City Engineer:
k Full 1/2 width street improvements along subdivision frontage on Magn
and Valley Street as shown on tentative map, including necess
transitions as required by the City Engineer.
improvements shown on the tentative map and the following improveme
B. Full street improvements for cul-de-sac as shown on tentative map.
C. Wheelchair ramps to public aeet standards as shown on tentai
D. Underground existing overhead utilities on property.
E. Drainage structure and lines as shown on the tentative map in
following:
1. D-27 sidewalk underdrains.
2. Energy dissipator along western boundary to the satisfaction
Engineer-
3. Storm drain including all necessary cleanouts and designed fo~
storm, along subdivision boundary to the satisfaction of the GI
35. Improvements listed above shall be constructed within 12 months of final m
and/or improvement plan approval, whichever occurs first.
PC RES0 NO. 3064 -6-
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36. Unless a standard variance has been issued, no variance from City Standards is ;
by virtue of approval of this tentative map.
37. The developer shall comply with all the rules, regulations and design requirem
respective sewer and water agencies regarding services to the project.
38. This project is approved specifically as 1 (single) phase.
39. All required fire hydrants, water mains, and appurtenances shall be operatior
combustible building materials being located on the project site.
40. The developer shall be responsible for coordination with S.D.G.&E., Pacific Tele:
Cable TV authorities.
41. Approval of this tentative tract map shall expire twenty-four (24) months fro
of City Council approval unless a final map is recorded. An extension may bt
by the applicant. Said extension shall be approved or denied at the discretion
Council. In approving an extension, the City Council may impose new conditio
revise existing conditions.
Fire Conditions:
42. Additional public and/or onsite fire hydrants shall be provided.
43. An all weather access road shall be maintained throughout construction.
44. All required fire hydrants, water mains and appurtenances shall be operatior
combustible building materials being located on the project site.
45. Fire retardant roofs shall be required on all structures.
46. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkler
systems pertinent to the project shall be submitted to the Fire Department fc
prior to construction.
Carlsbad Municipal Water District
47. The entire potable and non-potable water system/systems for subject projc
evaluated in detail to emsure that adequate capacity and pressure for domestic, 1
and fire flow demands are met.
48. The developer's engineer shall schedule a meeting with the District Engineer z
Fire Marshal and review the prdimimry water system layout prior to prepar;
water system improvement plans.
49. The developer will be responsible for all fees and deposits plus the major fa(
which will be collected at time of issuance of building permit.
PC RES0 NO. 3064 -7-
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North County Transit District
50. North County Transit Dislrict requests that a bus bench be provided in conj
site development Said bus bench and positioning of said bus bench sho1
specifications outlined in the North County Transit District Design Outl
Facilities found on page 5, FARSIDE STOP, and Page 11, BUS BENCHES.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
of the City of Carlsbad, California, held on the 1st day of August, 1990, by the follo
wit:
AYES: Vice-chairman Holmes, Commissioners: McFadden, Erwin & F
NOES: Commissioners: Marcus & Schlehuber.
ABSENT: Chairperson Schramm.
ABSTAIN: None. n
CARLSBAD PLANNING COMMISSIO
ATEST:
PLANNING DIRECTOR
PC RES0 NO. 3064 -a-