HomeMy WebLinkAbout1990-08-01; Planning Commission; Resolution 30704 e e
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PLANNING COMMISSION RESOLUTION NO. 3070
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSE
CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP
PROPERTY GENERALLY LOCATED NORTH OF LUCIERNAGA STREET BETW
CEBU PLACE AND URBU STREET.
CASE NAME: COSTA PALMAS
CASE NO: CT 89-38
WHEREAS, a verified application for certain property to wit:
Lots 396 and 397 of La Costa Meadows Unit No. 2 according to Map No. 69C
recorded on April 21, 1971 in San Diego County
has been filed with the City of Carlsbad and referred to the Planning Commission; 2
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 considere
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
APPROVES CT 89-38, based on the following findings and subject to tl
conditions:
Findinas:
1. The project is consistent with the City's General Plan since the proposed dc
dudacre is within the density range of 8 - 15 dudacre specified for the site
on the Land Use Element of the General Plan, and is at or below the growth (
of 11.5.
25 2. The site is physically suitable for the type and density of the development s
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is adequate in size and shape to accommodate residential development at
proposed.
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3. The Planning Commission has, by inclusion of an appropriate condition to t
ensured building permits will not be issued for the project unless the Cil
determines that sewer service is available, and building cannot occur within
unless sewer service remains available, and the Planning Commission is satisf
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 !
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 as
of approval.
7. 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 fee
this body to find that public facilities will be available concurrent with need
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 compatiile with the SuzTOunding future and &tin1
The scale of development of the proposed units is compatiile with s
developments and the proposed density is compatiile with the adjacent multi-
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10. This project will not cause any significant environmental impacts and
Declaration has been issued by the Planning Director on April 26, 1990 and
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 sisnifj 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 :
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued a\
public facilities and will mitigate any cumulative impacts created by the proj
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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.
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13. Because the project is a Planned Development and is consistent with the 1
requirements of the Planned Development Ordinance, it contriiutes to meetir
space facility performance standard for LFM Zone 6 at buildout and that dew
approved will not preclude the provision of perf'ormance standard Open Space
of Zone 6.
Conditions:
6 1. Approval is granted for CT 89-38, as shown on Exhibits "A" - "G", dated Aug~ incorporated by reference and on file in the Planning Department. Develor 7 occur substantially as shown unless otherwise noted in these conditions.
8 2. The developer shall provide the City with a reproducible 24" x 36", mylar (
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Tentative Map as approved by the Planning Commission. The Tentative Map :
the recordation of the final map. Said map shall show all lots and streets
3. A 500' scale map of the subdivision shall be submitted to the Planning Direc 11
Engineer prior to building, grading or improvement plan submittal, whichever I
9 the conditions of approval by the City. The Map copy shall be submitted
12 adjacent to the project.
13 4. This project is approved upon the express condition that building permits T
continue to be available until time of occupancy. This note shall be placed c
sewer facilities are available at the time of application for such sewer permi 14
issued for development of the subject property unless the City Engineer deter
15 map.
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5. This project is also approved under the express condition that the applicant pal
facilities fee adopted by the City Council on July 28, 1987 and as amended fr
time, and any development fees established by the City Council pursuant to Ch;
of the Carlsbad Municipal Code or other ordinance adopted to implemenl
management system or facilities and improvement plan and to fulfill the s
agreement to pay the public facilities fee dated November 13,1989, a copy of 1
file with the City Clerk and is incorporated by this reference. If the fees are nc
application will not be consistent with the General Plan and approval for this 1
be void.
6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of th~
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as required by Chapter 20.44 of the Carlsbad Municipal Code.
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7. The applicant shall provide school fees to mitigate conditions of overcrowdinl
building permit application. These fees shall be based on the fee schedule in e
time of building permit application.
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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
to the Plan made prior to the issuance of building permits.
2 Facilities Management Plan approved by the City Council on Novembez
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4 10. If any condition for construction of any public improvements or facilities, or i
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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 Cc
65913.5. If any such condition is determined to be invalid this approval shal
unless the City Council determines that the project without the condition co:
all requirements of law.
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11. Approval of this request shall not excuse compliance with all sections of
issuance.
Ordinance and all other applicable City ordinances in effect at time of buil
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12. Approval of CT 89-38 is granted subject to the approval of PUD 89-18.
13. The applicant shall provide the following note on the final map of the subc
12 final mylar of this development submitted to the City:
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"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Managem 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 RMH. The Growth Control Point for this designation is 11,
units per nonconstrained acre.
Parcels 396 & 397 were used to calculate the intensity of development under.
Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any c
parcels must also include parcels 396 & 397 under the General Plan and Ch,
of the Carlsbad Municipal Code."
19 1 14. The applicant shall establish a homeowner's association and corresponding
conditions and restrictions. Said CC&R's shall require the Homeowner's Ass
Director prior to final map approval. The CC&R's shall also prohibit par 20
driveways. 21
provide maintenance of comxnon slopes and be submitted to and approved by tl
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15. All roof appurtenances, including air conditioners, shall be architecturally intf 22
concealed from view and the sound buffered from adjacent properties and
substance as provided in Building Department Policy No. 80-6, to the satisfac
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26 adjacent homes or property.
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16. An exterior lighting plan including parking areas shall be submitted for Planni:
approval. AU lighting shall be designed to reflect downward and avoid any
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17. The applicant shall prepare a detailed landscape and irrigation plan whi
submitted to and approved by the Planning Director prior to the issuance oi
building permits, whichever occurs first.
18. All landscaped areas shall be maintained in a healthy and thriving conditio]
weeds, trash, and debris.
19. All landscape plans shall be prepared to conform with the Landscape Guideli
and submitted per the landscape plan check procedures on Ne in th
Department.
20. Landscape plans shall be designed to minimize water use. Lawn and other zc
(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.
21. The developer shall avoid trees that have invasive root systems, produce exc
and/or are too large relative to the lot size.
12 22. The appIicant shall pay a landscape plan check and inspection fee as required
20.08.050 of the Carlsbad Municipal Code.
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24. All landscape and irrigation plans shall show existing and proposed contou1 15
improvement plans and grading plans.
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23. The first set of landscape and irrigation plans submitted shall include buil
match the grading plans in terms of scale and location of improvements.
25. The minimum shrub size shall be 5 gallons.
26. The number of trees in a residential project shall be equal to or greater than I
of residential units.
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27. 20% of the trees shall be 24" box or greater.
28. 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 th Director prior to installation of such signs.
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~ 29. 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.
~ 30. The developer shall display a current Zoning and Land Use Map in the sales (
times, or suitable alternative to the satisfaction of the Planning Director.
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31. All sales maps that are distributed or made available to the public shall inch 2 be limited to trails, future and existing schools, parks, and streets.
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32. This project is being approved as a condominium permit for residential horn
purposes. If any of the units in the project are rented, the minimum time in1
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such rental shall be not less than 26 days. A condition so stating this shall E
a reduced version of the approving resolutiodresolutions on a 24" x 36" bluelh
33. As part of the plans submitted for building permit plan check, the applicant sl 6
the CC&R's for the project.
Permit and signed approved site plan. 7 Said blueline drawing(s) shall also include a copy of any applicable Coastal Dc
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34. The CCWs shall expressly prohiiit outdoor storage within private patios th 9 from Luciemaga Street
lo 35. Each unit shall be equipped with an automatic garage door opener and gara
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12 36. Design details and materids for perimeter walls, fences, onsite parking and othf
specifically denoted as part of this application, shall be reviewed and appro
13 Planning Director prior to the issuance of building permits.
14 37. For residential projects within 3 miles of McClellan-Palomar Airport as sha
August 1988 County of San Diego Noise Control Plan for Palomar Airport - 1 15 recordation of the first final tracVparceI map or the issuance of resided
permits, whichever is kt, the owner of record of the property within the bo 16 this tentative tract map shall prepare and record a notice that this property i
17 overflight, sight, and sound of aircraft operating from McClellan-Palomar A
manner meeting de approval of the Planning Director and the City Attorney.
the roll up type.
I-8 I/ EngineerinR Conditions:
19 I 38, The subdivider shall be responsible to pay the recording fees for all agreements,
20 and documents required for this project.
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39.
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This project is approved under the express condition that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987, and any dc
fees established by the City Council pursuant to Ordinance No. 9791 or :
ordinance adopted to implement a growth or development management syster
facilities phasing plan to fulfill the subdivider's agreement to pay the public fa
a copy of which is on file with the City Clerk and is incorporated by this refere
fees are not paid, this application will not be consistent with the Genera
approval for this project shall be void.
26 40. Based upon a review of the proposed grading and the grading quantities ShO
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Tentative Map, a grading permit for this project is required. Prior to iSS1
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building permit for the project, the applicant must submit and receive approval
plans in accordance with City codes and standards, be issued a grading 1
complete the grading work in substantial conformance with the approved gra
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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 d
unable to obtain the grading or slope easement, he must either amend the Ter
or change the slope so grading will not occur outside the project site in a ma
substantially conforms to the approved Tentative Map as determined by the Cii
and Planning Director.
Prior to hauling dirt or construction materials to any proposed construction site
project the developer shall submit to and receive approval from the City Engh
proposed haul route. The developer shall comply with all conditions and requb
City Engineer may impose with regards to the hauling operation.
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44. Additional drainage easements and drainage structures shall be provided or ins
to the issuance of grading or building permit as may be required by the City I
13 45. The developer shall provide an acceptable means for maintaining the easements
subdivision and all the private streets, sidewalks, street lights, storm drain fa4
14 sewer facilities located therein and to distribute the costs of such maintenz
equitable manner among the owners of the units within the subdivision. 15 provision for such maintenance shall be included with the CC&R's subject to tk
of the City Engineer. 16
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20 47. Prior to approval of the final map the developer shall enter into an agreemer
City to pay any drainage area fees established as a result of the forthcomi
21 Drainage Plan Update.
43. Rain gutters must be provided to convey roof drainage to the driveway to the I
of the City Engineer.
46. The developer shall make an offer of dedication to the City for all public I
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 offer1
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.
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48. Unless a standard variance has been issued, no variance from City Standards is
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25 50. This project is approved specifically as 1 (single) phase.
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by virtue of approval of this Tentative Map.
49. The developer shall comply with all the rules, regulations and design requirem
respective sewer and water agencies regarding services to the project.
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51. All concrete terrace drains shall be maintained by the homeowner's associa
commonly owned property) or the individual property owner (if on an individu
lot). An appropriately worded statement clearly identifying the responsibilj
placed in the CC&R's.
52. The developer shall be responsible for coordination with S.D.G.&E., Pacific Tele
Cable TV authorities.
5 53. Prior to approval of any grading or building permits for this project, the owne
6 written consent to the annexation of the area shown within the boundaries of tl
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1
7 shall be provided by the City during the improvement plancheck process.
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54. 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 bc
by the applicant. Said extension shall be approved or denied at the discretion
Council. In approving an extension, the City Council may impose new conditio1
revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Munic
55. All private area drains shall have ferrous metal grates and be connected with
Fire Conditions:
56. Additional public and/or onsite fire hydrants shall be provided if deemed neces
Fire Marshal.
15 57. The applicant shall submit for processing and shall pay the required applicant:
the City Engineer, the Fire Marshal and Costa Real Municipal Water District. 16 waterline improvement plan and appurtenant waterline easement as may be r
17 shall be properly executed and the waterline plans signed by the City Engine
issuance of building permits.
l8 58. An all-weather access road shall be maintained throughout construction.
19 /I 59. All required fire hydrants, water mains and appurtenances shall be operation
20 combustible building materials begin located on the project site.
21 60. All private driveways shall be kept clear of parked vehicles at all time, and
posted "No Parking/Fire Lane - Tow Away Zone" pursuant to Section 17.04.04C
22 Municipal Code.
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62. Brush clearance shall be maintained according to the specifications contained 24
61. Fire retardant roofs shall be required on all structures.
of Carlsbad Landscape Guidelines Manual.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning (
2 of the City of Carlsbad, California, held on the 1st day of August, 1990, by the follow
4 AYES: Vice-Chairman Holmes, Commissioners: Schlehuber, McFadden, Em
5 & Hall,
i3 /I NOES: None.
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ABSENT: Chairperson Schramm.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
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