HomeMy WebLinkAbout1990-08-01; Planning Commission; Resolution 30774 w e
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PLANNING COMMISSION RESOLUTION NO. 3077
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSB CALIFORNIA, APPROVING A TENTATIVE TRACT MAP ON PROPE:
GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT EAST
GIBRALTAR STREET.
CASE NAME: JEREZ COURT
CASE NO: CT 89-15
WHEREAS, a verified application for certain property to wit:
Lot 363 of La Costa South Unit No. 5 in the City of Carlsbad, County of San D:
according to Map No. 6600
has been filed with the City of Carlsbad and referred to the Planning Commission; a
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 tesl
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 Commis;
APPROVES CT 89-15, based on the following findings and subject to th
conditions:
Findinas:
1. The project is consistent with the City's General Plan even though the propc
of 13.5 dus/ac is below the low end of the density range, (15 dus/ac), spec
site as indicated on the Land Use Element of the General Plan The density i
the growth control point of 19 dus/ac.
2. All findings of PUD 89-6 (Planning Commission Resolution No. 3078) are i
herein by reference.
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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.
The Planning Commission has, by inclusion of an appropriate condition to t
ensured that the final map will not be approved unless the City Council finds
service is available to serve the project. In addition, the Planning Commissior
a condition that a note shall be placed on the final map that building pennits
issued for the project unless the City Engineer determines that sewer service i
and building cannot occur within the project unless sewer service remains ax
the Planning Commission is satisfied that the requirements of the Public Facilit
of the General Plan have been met insofar as they apply to sewer service for t
School fees will be paid to ensure the availability of school facilities in the S: and Encinitas School Districts.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as
of approval.
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.
The proposed project is compatible with the surrounding future land
surrounding properties are designated for multi-family residential developn
General Plan.
This project will not cause any sigmficant environmental impacts and
Declaration has been issued by the Planning Director on December 15,1989 ar
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 si@
this project could have on the environment.
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'
PC RES0 NO. 3077 -2-
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12. This project is consistent with the City's Growth Management Ordinace as :
conditioned to comply with any requirement approved as part of the LOG
Management Plan for Zone 6.
13. Because the project is a Planned development and is consistent with the I
requirements of the Planned Development Cl.rdinance it contriiutes to meetir
space facility performance standard for LFM Zone 6 at buildout and that devc
approved will not preclude the provision of performance standard open space
of Zone 6.
14- Based on direction from the Planning Commission at the public hearing, I!€
Director has determined that a centralized refuse pickup area is not required bc
unit's two car garage is adequate in size to accommodate individual trash COI
Conditions:
1. Approval is granted for CT 89-15, as shown on Exhibit "A", dated June
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 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 una time of occupancy. This note shall be placed I
map.
~ 5. 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 f
time, and any development fees established by the City Council pursuant to CE
of the Carlsbad Municipal Code or other ordinance adopted to implemer
management system or facilities and improvement plan and to fulfill the
agreement to pay the public facilities fee dated June 2, 1989, a copy of whit
with the City Clerk and is incorporated by this reference. If the fees are n
be void.
application will not be consistent with the General Plan and approval for this
6. 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.
PC RES0 NO. 3077 -3-
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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 c
time of building permit application.
8. Water shall be provided by the Carlsbad Municipal Water District,
9. This project shall comply with all conditions and mitigation measures whj
required as part of the Zone 6 Local Facilities Management Plan and any a
made to that Plan prior to the issuance of building permits.
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 this
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 COI
all requirements of law.
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 builc
issuance.
12. Approval of CT 89-15 is granted subject to the approval of PUD 89-6.
13. The applicant shall establish a homeowner's association and corresponding
conditions and restrictions. Said CC&R's shall be submitted to and appro
Planning Director prior to final map approval.
14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall
pursuant to City standards, Location of said receptacles shall be approved by tk
Director. Enclosure shall be of similar colors and/or materials to the pro,
satisfaction of the Planning Director.
15. All roof appurtenances, including air conditioners, shall be architecturally inte
concealed from view and the sound buffered from adjacent properties and
substance as provided in Building Department Policy No. 80-6, to the satisfac
Directors of Planning and Building.
16. The applicant shall prepare a detailed landscape and irrigation plan whit
submitted to and approved by the Planning Director pGor to the issuance of
building permits, whichever occurs first.
17. All landscaped areas shall be maintained in a healthy and thriving condition
weeds, trash, and debris.
18. The developer shall install street trees at the equivalent of 40-foot interval public street frontages in conformance with City of Carlsbad standards. The trc
of a variety selected from the approved Street Tree List.
PC RES0 NO. 3077 -4-
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19. All landscape plans shall be prepared to conform with the Landscape Guidel;
and submitted per the landscape plan check procedures on file in th
Department.
20. 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.
5 21. The developer shall avoid trees that have invasive root systems, produce exc
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7 22. Prior to final occupancy, a letter from a California licensed landscape archit
submitted to the Planning Director certifying that all landscaping has been
and/or are too large relative to the lot size.
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23. All herbicides shall be applied by applicators licensed by the State of Califon 9
shown on the approved landscape plans.
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24. The applicant shall pay a landscape plan check and inspection fee as requirec
20.08.050 of the Carlsbad Municipal Code.
25. The first set of landscape and irrigation plans submitted shall include buil 12 improvement plans and grading plans.
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26. All landscape and irrigation plans shall show existing and proposed contou~
match the grading plans in terms of scale and location of improvements.
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27. Mature trees which are removed shall be replaced one to one with minim1
specimen. Each case shall be reviewed by the Planning Director.
28. The minimum shrub size shall be 5 gallons.
29. The number of trees in a residential project shall be equal to or greater than t
of residential units.
l9 // 30. 20% of the trees in multi-family projects of 5 units or more shall be 24" box
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31. Any signs proposed for this development shall at a minimum be designed in c(
with the City's Sign Ordinance and shall require review and approval of th
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Director prior to installation of such signs.
so as to be plainly visible from the street or access road; color of identifical 23
32. Building identification and/or addresses shall be placed on all new and existin
addresses shall contrast to their background color.
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33. This project is being approved as a condominium pennit for residential horn
purposes. If any of the units in the project are rented, the minimum time in
such rental shall be not less than 26 days. A condition so stating this shall I
the CC&R's for the project.
34. As part of the plans submitted for building pennit plan check, the applicant s
a reduced version of the approving resolutionlresolutions on a 24" x 36" blueli
35. The Planning Director has determined that a centralized refuse pickup area is I
for this project, however there shall be a clause in the project's CC&R's stat
trash containers must be stored inside the garages of the individual dwelling
Enheering
36. Prior to hauling dirt or construction materials to any proposed construction sitf
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.
37. Additional drainage easements and drainage structures shall be provided or
may be required by the City Engineer.
38. 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.
39. Unless a standards variance has been issued, no variance from City Standards is
by virtue of approval of this Tentative Map.
40. The developer shall comply with all the rules, regulations and design requiren
respective sewer and water agencies regarding dce to the project
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I 41. This project is approved specifically as 1 (single) phase.
42. All private streets, sewers, storm drains, sidewalks and concrete terrace drai
maintained by the homeowners association An appropriately worded staten
identifying the responsibility shall be placed in the CC&R's.
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43. AU 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
Municipal Code. ~
44. The subdivider shall provide separate sewer, water, gas, and electric services I
to each of the units.
45. The developer shall be responsible for coordination with S.D.G.&E., Pacific Tele:
Cable TV authorities,
PC RES0 NO. 3077 -6-
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46. Prior to approval of any grading or building permits for this project, the owne
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
47. Approval of this Tentative Tract Map shall expire twenty-four (24) months fra
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.
48. AU the area drains shall use ferrous metal grates and be connected with rigid
Fire Conditions:
49. Prior to the issuance of building permits, complete building plans shall be SI
and approved by the Fire Department.
50. An all weather access road shall be maintained throughout construction.
51. 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
Municipal Code.
52. 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.
53. Building exceeding 10,000 square feet aggregate floor area shall be sprinkle1
four-hour fire walls with no opening therein which shall split the building j
square feet (or less) areas.
Carlsbad MuniciDal District Conditions:
54. The entire potable and non-potable water system/systems for subject projt
evaluated in detail to ensure that adequate capacity and pressure for domestic, 1
and fire flow demands are met.
55. The developeis engineer shall schedule a meeting with the District Engineer 2
Fire Marshal and review the preliminary water system layout prior to prepar;
water system improvement plans.
56. The developer will be responsible for all fees and deposits plus the major fac
which will be collected at time of issuance of building pedt.
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PC RES0 NO. 3077 -7-
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1a-g c
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ofthe city of Carlsbad, California, held on the 1st day of August, 1990, by the fou0wj
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AYES: Vice-chairman Holmes, Commissioners: Schlehuber, McFadden, Em & Hall.
NOES: None.
ABSENT: Chairperson Schramm.
ABSTAIN: None.
ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 3077
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CARLSBAD PLANNING COMMISSION
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