HomeMy WebLinkAbout1990-08-15; Planning Commission; Resolution 30820 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 3082
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTAT
TRACT MAP TO DEVELOP A 108 DWELLING UNIT CONDOMINI
PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHE1
CORNER OF ALGA ROAD AND BLACK RAIL COURT.
CASE NAME: AVZARA - PLANNING AREA 12
CASE NO: CT 89-39
WHEREAS, a verified application for certain property to wit:
Lot 230 of Tract 85-35, Aviara, Phase I - Unit D, according to Map 121
recorded June 29, 1989
has been filed with the City of Carlsbad and referred to the Planning Commis
WHEREAS, said verified application constitutes a request as provided E
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of August, 1
a duly noticed public hearing as prescribed by law to consider said request; a
WHEREAS, at said public hearing, upon hearing and considering all testi
arguments, if any, of all persons desiring to be heard, said Commission cons.
factors relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFOREy BE IT HEREBY RESOLVED by the Planning Corn
follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 89-19 based on the followin$
and subject to the following conditions:
Findings:
1. The project is consistent with Master Plan 177 since the proposed net d
5.93 du/acre is within the permitted density of 12.1 du/acre as specifif
Master Plan 177.
I) 0 0
2.
1
2
3
4
5
6
7
3.
a 4.
9
10
The site is physically suitable for the type and density of the developmen
site is adequate in size and shape to accommodate residential developm
density proposed.
The Planning Commission has, by inclusion of an appropriate conditi
project, ensured that the final map will not be approved unless the Cil
finds that sewer service is available to serve the project. In addition, tht
Commission has added a condition that a note shall be placed on the
that building permits may not be issued for the project unless the City
determines that sewer service is available, and building cannot occur T
project unless sewer service remains available, and the Planning Corn
satisfied that the requirements of the Public Facilities Element of the Gel
have been met insofar as they apply to sewer service for this project.
The dedication of the 12.4 acre school site at the intersection of Alga
Ambrosia Lane is acceptable as mitigation of the impact to existing
Unified School District school facilities.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5. The dedication of a 24.25 acre park site at the northern t&m of
Lane satisfies park fee requirements.
6. All necessary public improvements have been provided or will be re
conditions of approval.
7. The applicant has agreed and is required by the inclusion of an a1
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
8. Assurances have been given that adequate sewer for the project will be
by the City of Carlsbad.
9. As discussed in the staff report, the project is: (1) consistent with the dev
standards of the Aviara Master Plan 177 and the Planned Development 0
(2) in conformance with the Design Criteria of Master Plan 177; (3) in cc
with the City's Noise Policy No. 17 as conditioned; and (4) is in confom
the Mdo IT Local Coastal Program.
10. The proposed project is compatible with the surrounding future land I
surrounding properties are designated for Open Space and Rec
Commercial development on the General Plan.
...
PC RES0 NO. 3082 -2-
I
~
~ I
0 e
1
2
11.
3
4
5
6
7
8
9
12.
This project will not cause any significant environmental impacts and a
Negative Declaration has been issued by the Planning Director on Juls
and Recommended for Approval by the Planning Commission on August
In recommending approval of this Mitigated Negative Declaration the
Commission has considered the initial study, the staff analysis, all
mitigation measures and any written comments received regarding the !
effects this project could have on the environment.
The applicant is by condition, required to pay any increase in public fi
or new construction tax, or development fees, and has agreed to abi
additional requirements established by a Local Facilities Manager
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code.
ensure continued availability of public facilities and will mitigate any c
impacts created by the project.
10
11
12 Conditions:
13. This project is consistent with the City's Growth Management Ordinanc
been conditioned to comply with any requirement approved as part of
Facilities Management Plan for Zone 19.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1. Approval is granted for CT 89-39, as shown on Exhibits "A" - "O", date1
1990, incorporated by reference and on file in the Planning De
Development shall occur substantially as shown unless otherwise notel
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", my1
the Tentative Map as approved by the Planning Commission. The Tent
shall reflect the conditions of approval by the City. The Map cop!
submitted to the City Engineer prior to building, grading or improve]
submittal, whichever occurs first.
3. A 500' scale map of the subdivision shall be submitted to the Planninl
prior to the recordation of the final map. Said map shall show all lots a
within and adjacent to the project.
4. This project is approved upon the express condition that the final map
be approved unless the City Council finds as of the time of such app
sewer service is available to serve the subdivision.
...
".
PC RES0 NO. 3082 -3-
0 0
1
2
3
4
5
6
7
a
9
3.0
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~
I
5. This project is approved upon the express condition that building perm
be issued for development of the subject property unless the Cig
determines that sewer facilities are available at the time of applicatio
sewer permits and will continue to be available until time of occupancy.
shall be placed on the final map.
6. This project is also approved under the express condition that the apl
the public facilities fee adopted by the City Council on July 28, 19;
amended from time to time, and any development fees established b
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Cod€
ordinance adopted to implement a growth management system or fac
improvement plan and to fulfill the subdivider's agreement to pay
facilities fee dated December 4, 1989, and the agreement to pay ti
Management Fee dated December 4, 1987, copies of which are on fil~
City Clerk and are incorporated by this reference. If the fees are not
application will not be consistent with the General Plan and approv:
project shall be void.
7. Water shall be provided to this project pursuant to the Water Service :
between the City of Carlsbad and the Carlsbad Municipal Water District, (
25, 1983.
8. This project shall comply with all conditions and mitigation required by
19 Local Facilities Management Plan approved by the City Council on j
22, 1987, incorporated herein and on file in the Planning Departmen
future amendments to the Plan made prior to the issuance of building
9. If any condition for construction of any public improvements or facilitil
payment of any fees in lieu thereof, imposed by this approval or impost
on this project are challenged this approval shall be suspended as pr
Government Code Section 65913.5. If any such condition is determil
invalid this approval shall be invalid unless the City Council determine: i , project without the condition complies with all requirements of law.
10. Approval of this request shall not excuse compliance with all sectio~
Zoning Ordinance and all other applicable City ordinances in effect a
building permit issuance.
11. The applicant shall establish a homeowner's association and corre:
covenants, conditions and restrictions. Said CC&R's shall be submitte
approved by the Planning Director prior to final map approval.
...
i PC RES0 NO. 3082 -4-
I
a e
12. The applicant shall submit a street name list consistent with the City's st
1 policy subject to the Planning Director's approval prior to final map ay
2
3
13. The applicant shall prepare a detailed landscape and irrigation plan whit
submitted to and approved by the Planning Director prior to the iz
4
grading or building permits, whichever occurs first.
-
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
14. All landscaped areas shall be maintained in a healthy and thriving cond
from weeds, trash, and debris.
15. The developer shall install street trees at the equivalent of 40-foot inter
all public street frontages in conformance with City of Carlsbad stand
trees shall be of a variety selected from the approved Street Tree List.
16. Preliminary landscape plans shall be submitted.
17. All landscape plans shall be prepared to conform with the Landscape (
Manual and submitted per the landscape plan check procedures on !
Planning Department.
18. Landscape plans shall be designed to minimize water use. Lawn and o
1 plants (see Landscape Guidelines Manual) shall be limited to areas
visual importance or high use. Mulches shall be used and irrigation equir
design shall promote water conservation.
19. Prior to final occupancy, a letter from a California licensed landscape
shall be submitted to the Planning Director certifying that all landscapin2
installed as shown on the approved landscape plans.
20. All herbicides shall be applied by applicators licensed by the State of C
21. The applicant shall pay a landscape plan check and inspection fee as re
Section 20.08.050 of the Carlsbad Municipal Code.
22. The first set of landscape and irrigation plans submitted shall includf
plans, improvement plans and grading plans.
23. All landscape and irrigation plans shall show existing and proposed con
shall match the grading plans in terms of scale and location of improvc
24. Mature trees which are removed shall be replaced one to one with min
box specimen. Each case shall be reviewed by the Planning Director.
25. The minimum shrub size shall be 5 gallons.
PC RES0 NO. 3082 -5-
0 0
26. The number of trees in a residential project shall be equal to or greate:
1 number of residential units.
2
3
4
5
6
7
8
9
27. Any signs proposed for this development shall at a minimum be dt
conformance with the City's Sign Ordinance and shall require review and
of the Planning Director prior to installation of such signs.
28. Building identification and/or addresses shall be placed on all new an
buildings so as to be plainly visible from the street or access road,
identification and/or addresses shall contrast to their background colo~
29. The developer shall display a current Zoning and Land Use Map in the s
~ at all times, or suitable alternative to the satisfaction of the Planning I:
I 30. All sales maps that are distributed or made available to the public shall i~ I not be limited to trails, future and existing schools, parks, and streets.
lo 31. As part of the plans submitted for building permit plan check, the applj
blueline drawing. Said blueline drawing(s) shall also include a co] 11
applicable Coastal Development Permit and signed approved site plan. 12
include a reduced version of the approving resolutionhesolutions on a
13
14
15
16
1pT
18
19
20
21
22
23
24
25
I
32. Prior to the occupancy of any residential unit within this project, the Ma
recreational vehicle storage area (within Planning Area 23) with all wead
road to it shall be available for use.
33. Prior to the occupancy of any of the dwelling unitsy the project applil
construct a 6.0 high sound attenuation wall between Alga Road and the
dwelling units 2-9 along Alga Road. The wall shall be constructed consk
I the recommendations of the Acoustical Study for Planning Area 12 (Mest
1990). Prior to the occupancy of units 2-9, the project applicant shall in
all required traffic noise mitigation measures (ie. balcony barriers and m
ventilation) into these unitsy as described in the Acoustical Analysis for
34. Prior to the issuance of a grading permit or the recordation of the final
project applicant shall receive a Coastal Development Pemit that
development that is in substantial conformance with this City appn
Coastal Permit shall be required to be submitted to the City Planning De
for review prior to the issuance of a grading permit.
35. Prior to the issuance of a grading permit, all Coastal Deed Restricted area
as shown on Exhibit "B") shall be staked and flagged to prohibit encroak
construction equipment.
z6 I1 27 /I PC RES0 NO. 3082 -6-
28
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
~
36. All units which are setback a minimum of 5 feet from a private driveway shall be
equipped with an automatic garage door opener.
37. All perimeter fences/& shall be required to be designed consistent with the
materials and style of other Master Plan approved fences/&.
38. This project is approved subject to the condition that residential water
conservation measures including water efficient plumbing fixtures in conformance
with State and Local Laws and Policies, be incorporated into the projects design.
39. Prior to the recordation of the first final tract map or the issuance of residential
building permits, whichever is first, the owner of record of the property within the
boundaries of this tentative tract map shall prepare and record a notice that this
property is subject to overflight, sight, and sound of aircraft operating from
Palomar Airport in a manner meeting the approval of the Planning Director and
the City Attorney.
The applicant shall post aircraft noise notification signs in all sales and/or rental
offices associated with the new development. The number and locations of said
signs shall be approved by the Planning Director.
Endneering Conditions:
40. This approval is subject to all requirements and conditions of Master Plan 177,
Carlsbad Tract 85-35 and Zone 19 Local Facilities Management Plan, and any
amendments thereto.
41. This project is located within the Mello I1 Local Coastal Plan. All development
design shall comply with the erosion control requirements of that plan.
42. Unless a standard variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map, except the following:
k Sidewalks on one side of the street.
B. Centerline radii less than 200 feet as shown on the tentative map.
43. The developer shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
44. The developer shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
,I . .
PC RES0 NO. 3082 -7-
0 0
1
2
3
4
5
45.
6 46.
7
8
9
10
11
47.
16
15
14
13
48. l2
20
19
50. 18
17
49.
21
22
23
The developer shall provide an acceptable means for maintaining the z
within the subdivision and all the private streets, sidewalks, street ligl
drain facilities and sewer facilities located therein and to distribute th
such maintenance in an equitable manner among the owners of the un
the subdivision. Adequate provision for such maintenance shall be inch
the CC&R’s subject to the approval of the City Engineer.
Approval of this tentative tract map shall expire twenty-four (24) month:
date of City Council approval unless a final map is recorded. An exter
be requested by the applicant. Said extension shall be approved or den
discretion of the City Council. In approving an extension, the City Co
impose new conditions and may revise existing conditions pursuant 1
20.12.110(a)(2) Carlsbad Municipal Code.
Prior to approval of the final map the developer shall enter into an agree.
the City to pay any drainage area fees established as a result of the fo:
Master Drainage Plan Update.
The owner of the subject property shall execute a hold harmless :
regarding drainage across the adjacent property prior to approval of ar
or building permit for this project.
The applicant shall agree to utilize reclaimed water, if available, in Ty
on the subject property in all common areas as approved by the City
Reclaimed water, as defined in Section 1305(n) of the California W
means water which, as a result of treatment of wastewater, is suitable fi
beneficial use or controlled use that would not otherwise occur.
The subject property is within the boundaries of Assessment District
(Alga Road). Upon the subdivision of land within the district boun(
subdivider has executed a Special Assessment District Pass-Through Aut
Agreement. Said agreement contains provisions regarding notice ta
buyer for the amount of the assessment and other provisions and re
subdivider to have each buyer receive and execute a Notice of Assessmc
Option Agreement. In the event that the subdivider does not a
Authorization Agreement, the assessment on the subject property must ’
in N1 bv the subdivider prior to any subdivision of the land.
24
25
26
27
28
51. As required by State Law, prior to the recordation of a final map over
subject propertyJ a segregation of assessments must be completed and re
all subdivided lots. By applying for a segregation of assessmentsJ the
agrees to pay the fee to cover the cost associated with the segrei
segregation is not required if the subdivider pays off the assessment on 1
PC RES0 NO. 3082 -8-
e e
1
2
3
4
5
52.
6 53.
7
8
9
10 54.
I1
12
13
14
15
16
17
18
19
20
21
22
58.
23
59* 24
25
26
55.
56.
57.
...
property prior to the recordation of the final map. h the event of a s
of assessments is not recorded and property is subdivided, the full 2
assessment will appear on the tax bills of each new lot.
Grading in advance of final map may be allowed subject to City Enginee: in accordance with Chapter 11.06 Carlsbad Municipal Code and der
policy.
Based upon a review of the proposed grading and the grading quantities
the tentative map, a grading permit for this project is required. Prior tc
of a building permit for the project, the applicant must submit ar
approval for grading plans in accordance with City codes and standards,
a grading permit and complete the grading work in substantial conform
the approved grading plans.
The developer shall obtain a grading permit prior to the commencemc
clearing or grading of the site.
No grading shall occw outside the limits of the subdivision unless a g
slope easement is obtained from the owners of the affected propertic
developer is unable to obtain the grading or slope easement, he must eitl
the tentative map or change the slope so grading will not occur outside t
site in a manner which substantially conforms to the approved tentatil
determined by the City Engineer and Planning Director.
A separate grading plan shall be submitted and approved and a separal
permit issued for the borrow or disposal site if located within the city
Prior to hauling dirt or construction materials to any proposed constn
within this project the developer shall submit to and receive approval fro1
Engineer for the proposed haul route. The developer shall complq
conditions and requirements the City Engineer may impose with rega:
hauling operation.
The developer shall exercise special care during the construction pha
project to prevent offsite siltation. Planting and erosion control shall bc
in accordance with the Carlsbad Municipal Code and the City Engineer.
Chap 11.06.
Rain gutters shall be provided to convey roof drainage to the driveway j
by the City Engineer.
I 27
28 PC RES0 NO. 3082 -9-
I.
2
60.
4
3
5
6
61.
7
8
9
62.
3.0 63-
11
12
13
14
15
16
17
18
65-
19
64.
a a
Additional drainage easements and drainage structures shall be pr
installed prior to the issuance of grading or building permit as may be r(
the City Engineer.
The developer shall make an offer of dedication to the City for all pul
and easements required by these conditions or shown on the tentative
offer shall be made by a certificate on the final map For this project. A
offered shall be granted to the City free and clear of all liens and encl
and without cost to the City. Streets that are already public are not r
be rededicated.
Direct access rights for all lots abutting Alga Road and Blackrail Coun
exception of the general utility and access easement at Aleutia Lane wai
final map.
Some improvements shown the tentative map and/or required by these
are located offsite on property which neither the City nor the subc
sufficient title or interest to permit the improvements to be mad
acquisition of title or interest. The Developer shall conform to Section
of the Carlsbad Municipal Code.
Prior to approval of any grading or building permits for this project,
shall give written consent to the annexation of the area shown -
boundaries of the site plan into the existing City of Carlsbad Street Li
Landscaping District No. 1. The form shall be provided by the City
improvement plancheck process.
Runoff from this project is conveyed to environmentally sensitive a
subdivider shall provide adequate means of eliminating grease and
drainage prior to discharge. Plans for such improvements shall be apprc
City Engineer prior to issuance of grading or building permit.
20
21
22
23
24
25
26
27
28
66. Plans, specifications, and supporting documents for all improvemen
prepared to the satisfaction of the City Engineer. Prior to approval I
map in accordance, with City Standards the Developer shall install, 1
install and secure with appropriate security as provided by law, iml
shown on the tentative and the following improvements. This obligz
required if it is already secured through another project in the Mastel
A. Alga Road to major arterial Standards or better from Mimosa
CamIno Real to the satisfaction of the City Ehgineer-
A note to this effect shall be placed on an additional map sheet on th
per the provisions of Sections 66434.2 and 66445 of the Subdivision
PC RES0 NO. 3082 -10-
0 e
1
2
67.
6
5
4
68. 3
€3
7
9
10
11
12
13
14
15 69.
16
17
18
70.
19 I
2o i
Improvements listed above shall be constructed within 24 months of the
or improvement plan whichever occurs first.
The design of all private streets and drainage systems shall be appro7
City Engineer prior to approval of the final map for this project. The
section of all private streets shall conform to City of Carlsbad Standard
R-value tests. All private streets and drainage systems shall be inspec
City, and the standard improvement plan check and inspection fees sh
prior to approval of the final map for this project. The improveme
follows:
A. Standard curb, gutter and sidewalk and street improvements on A:
and Ferilina. The sidewalk is required on the inside loop on Feril
the east side of Aleutia Lane.
B. Private storm drain system which wiU connect to the existing PI
drain system. In areas where no fail safe secondary overflow is pm
system shall be designed to carry a 100 year event.
C. The private sewer and private drainage systems.
D. A note stating these improvements are private shall be pla
additional sheet on the final map.
The developer shall install street lights along all public and private stree
in conformance with City of Carlsbad Standards or equivalent sub
approval of the Planning Director and City Engineer.
The Fire Marshal has determined that onsite fire hydrants are required t
project. Prior to issuance of a building permit for the site, the appl
submit and receive City and water district approval for appropriatt
improvement plans and easements. All improvements shall be d
conformance with City and Water District Standards, plancheck and ins]
paid and improvement security shall be posted with the Water Distric
21
22
23
24
25
26
27
28
71. Irrigation systems to accommodate future reclaimed water shall b
consistent with Title 17 of the California Administrative Code. Of
reclaimed water distribution systems should be anticipated by the ins
adequately sized sleeves at crossing points to minimize street excavat
72. prior to the issuance of any building permits, full street improvemen
Black Rail Court to Aviara Drive throught to Batiquitos Lane must be (
...
PC RES0 NO. 3082 -11-
0 0
I.
2
Fire DeDartment:
73. Additional public and/or onsite fire hydrants shall be provided if deemed
3 by the Fire Marshal.
4 74. The applicant shall submit two (2) copies of a site plan showing lot
existing and proposed fire hydrants and onsite roads and drives to the Firc
for approval prior to issuance of a building permit. .5
6
7
75. An all-weather access road shall be maintained throughout constructio~
76. All required fire hydrants, water mains and appurtenances shall be 01 8 prior to combustible building materials begin located on the project sit(
9 77. Brush clearance shall be maintained according to the specifications COI.
10 the City of Carlsbad Landscape Guidelines Manual.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
78. Proposed security gate systems shall be provided with "Knox" key
override switch, as specified by the Fire Department.
79. Brush Management shall require that photo documentation of insti
approved fire suppression zones be submitted to the Fire Marshal in
establish control for annual maintenance. Performance of annual maintf
Homeowners Association shall be assured through open space deed rest
other means acceptable to the Planning Director and Fire Marshal.
80. Fire retardant roofs shall be required on all structures.
81. Brush clearance shall be maintained according to the specifications con
the City of Carlsbad Landscape Guidelines Manual.
82. All fire alarm systems, fire hydrants, extinguishing systems, automatic SI
and other systems pertinent to the project shall be submitted to
Department for approval prior to construction.
Water District:
83. The entire potable and non-potable water system/systems for subject pro
be evaluated in detail to ensure that adequate capacity and pressure for (
landscaping and fire flow demands are met.
25 84. The developer's engineer shall schedule a meeting with the District Engj
26 the City Fire Marshal and review the preliminary water system layout
preparation of the water system improvement plans.
27
28 PC RES0 NO. 3082 -12-
e 0
1
2
85. The developer will be responsible for all fees and deposits plus the maj
charge which will be collected at time of issuance of building permit.
3
4
PASSED, APPROVEDJ AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 15th day of August 5
6 I1 the following vote, to wit:
7
8
9
AYES: Chairperson Schramm, Commissioners: Schlehuber, En
Holmes and Marcus.
NOES: McFadden.
10 ABSENT: None.
11
12
ABSTAIN: None.
13
14 CARLSBAD PLANNING COMMISSION
15 11 l6 ATTEST:
17
18 MICHAEL J. HOLZMILLER
19 PLANNING DIRECTOR
20
21
22 I) 23
24
25
26
27 PC RES0 NO. 3082 13-
28