HomeMy WebLinkAbout1990-10-03; Planning Commission; Resolution 3018.* >I ll 0 0
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PLANNING COMMISSION RESOLUTION NO. 3018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL, OF A 149 LOT SUBDMSION ON PROPERTY
GENERALLY LOCATED SOUTH OF CORTE DE LA VISTA AND EAST OF ALICANTE ROAD AND NORTH OF LA COSTA GOLF
COURSE.
CASE NAME: FAIRWAYS
CASE NO.: CT 90-23
WHEREAS, a verified application for certain property to wit:
Parcel 2 of Parcel Map No. 11722, in the City of Carlsbad,
County of San Diego, according to map thereof filed in the
office of the County Recorder of san Diego County on October
10, 1981 as file no. 81-322184 of official records.
11 I1 has been filed with the City of Carlsbad and referred to the Planning COmmis!
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21 of the Carlsbad Municipal Code; and 13
WHEREAS, said verified application constitutes a request as provic
WHEREAS, the Planning Commission did, on the 3rd day of Octc
l5 // hold a duly noticed public hearing as prescribed by law to consider said requc
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19 factors relating to the Tentative Tract Map.
WHEREAS, at said public hearing, upon hearing and considering a1
and arguments, if any, of all persons desiring to be heard, said Commission co:
2o I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning (
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22 A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the ( 24 recommends APPROVAL of CT 90-23, based on the following findings
25 to the following conditions:
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Findings:
1. The project is consistent with the City‘s General Plan since the proposed
4.0 du’s/acre is within the density range of 4-8 du’s/acre specified for
indicated on the Land Use Element of the General Plan, and is at or
growth control point of 6.
2. The site is physically suitable for the type and density of the developmen
site is adequate in size and shape to accommodate residential developn
density proposed.
3. The Planning Commission has, by inclusion of an appropriate condit
project, ensured building permits will not be issued for the project unlc
Engineer determines that sewer service is available, and building ca
within the project unless sewer service remains available, and thl
Commission is satisfied that the requirements of the Public Facilities Elel
General Plan have been met insofar as they apply to Sewer service for t
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4. School fees will be paid to ensure the availability of school facilities
Marcos School District.
13 /I 5. Park-in-lieu fees are required as a condition of approval.
14 6. All necessary public improvements have been provided or will be I
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16 condition to pay a public facilities fee. Performance of that contract a:
17 of the fee will enable this body to find that public facilities will I
concurrent with need as required by the General Plan.
conditions of approval.
7. The applicant has agreed and is required by the inclusion of an
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8. The proposed project is consistent with the City‘s Planned Developmen
and also complies with the Design Guidelines Manual.
9. The proposed project is compatible with the surrounding future lam
surrounding properties are designated for residential development on
Plan.
10. Because the project is a Planned Development and is consistent with th
requirements of the Planned Developrnent Ordinance it contributes to
open space facility pdormance standard for LFM Zone 6 at buildc
development as approved will not preclude the provision of performa:
open space at buildout of Zone 5.
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11. This project will not cause any significant environmental impacts and
Negative Declaration has been issued by the Planning Director on Augu
and recommended for approval by the Planning Commission on Octob
In recommending APPROVAL of this Negative Declaration the Planning (
has considered the initial study, the staff analysis, all required mitigatia
and any written comments received regarding the significant effects
could have on the environment.
12. The applicant is by condition, required to pay any increase in public fa( new construction tax, or development fees, and has agreed to ab
additional requirements established by a Local Facilities Management P1,
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This continued availability of public facilities and will mitigate any cumulal
created by the project.
13. This project is consistent with the City's Growth Management Ordinar
been conditioned to comply with any requirement approved as part (
Facilities Management Plan for Zone 6.
14. This project was subject to Chapter 21.95 of the Carlsbad Municipal Cc
Ordinance) and meets all the requirements of that Chapter to ensure t
treatment of the City's hillside resources.
Planninn - Conditions:
1. Approval is granted for CT 90-23, as shown on Exhibit(s) "A" - 'X1', da
3, 1990, incorporated by reference and on file in the Planning I
Development shall occur substantially as shown unless otherwise no1
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", m
the Tentative Map as approved by the Planning Commission. The te
shall reflect the conditions of approval by the City. The map co
submitted to the City Engineer prior to issuance of building pemits or il
plan submittal, whichever occurs first.
3. A 500' scale map of the subdivision shall be submitted to the Planning D
to the recordation of the final map. Said map shall show all lots and st
and adjacent to the project.
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This project is approved upon the express condition that building perm
be issued for development of the subject property unless the Ci?
determines that sewer facilities are available at the time of applicatic
sewer permits and will continue to be available until time of occupancy
shall be placed on the final map.
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 2
from time to time, and any development fees established by the C
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othel
adopted to implement a growth management system or facilities and in
plan and to fulfill the subdivider's agreement to pay the public facilitic
July 11, 1990, copies of which are on file with the City Clerk and are ir
by this reference. If the fees are not paid this application will not be conl
the General Plan and approval for this project shall be void.
lo 6. The applicant shall pay park-in-lieu fees to the City, prior to the appr
11 final map as required by Chapter 20.44 of the Carlsbad Municipal Codc
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7. The applicant shall provide school fees to mitigate conditions of overc
part of building permit application. These fees shall be based on the ff in effect at the time of building permit application.
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8. Water shall be provided to this project pursuant to the Water Service
between the City of Carlsbad and the Carlsbad Municipal Water District,
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9 This project shall comply with all conditions and mitigation required b
6 Local Facilities Management Plan approved by the City Council on SE
1987, incorporated herein and on file in the Planning Department and
amendments to the Plan made prior to the issuance of building permit:
20 10. If any condition for construction of any public improvements or facilil
payment of any fees in lieu thereof, imposed by this approval or imposec
21 this project are challenged this approval shall be suspended as p
Government Code Section 65913.5. If any such condition is determ
22 invalid this approval shall be invalid unless the City Council determin
23 I1 project without the condition complies with all requirements of law.
24 ll 11. Approval of this request shall not excuse compliance with all sections of
Ordinance and all other applicable City ordinances in effect at time
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~ permit issuance.
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Approval of CT 90-23 is granted subject to the approval of PUD 90-23 an
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The applicant shall provide the following note on the final map of the :
and final mylar of this development submitted to the City:
"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth M
Control Point for each General Plan land use designation. Developmc
exceed the Growth Control Point except as provided by Chapter 21.90.
use designation for this development is Residential Medium. The Grow
Point for this designation is 6 dwelling units per nonconstrained acre.
All parcels were used to calculate the intensity of development under tl
Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of
these parcels must also include all parcels under the General Plan ar
21.90 of the Carlsbad Municipal Code."
The applicant shall establish a homeowner's association and con
covenants, conditions and restrictions, Said CC&R's shall be submitt
approved by the Planning Director prior to final map approval.
The applicant shall submit a street name list consistent with the City's st
policy subject to the Planning Director's approval prior to final map apl
The applicant shall prepare a detailed landscape and irrigation plan whic
submitted to and approved by the Planning Director prior to the issuance
or building permits, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving conc
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of 40-foot inter
all private and public street frontages in conformance with City of
standards. The trees shall be of a variety selected from the approved S
List.
21 19. All landscape plans shall be prepared to conform with the Landscape I
22 Manual and submitted per the landscape plan check procedures on j
Planning Department.
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20. Trees shall be 15 gallon or larger and minimum shrub size shall be 5 g~
21. Landscape plans shall be designed to minimize water use. Lawn and otl
plants (see Landscape Guidelines Manual) shall be limited to areas of spe
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importance or high use. Mulches shall be used and irrigation equipment
1 shall promote water conservation.
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22. Prior to final occupancy, a letter from a California licensed landscape arc
be submitted to the Planning Director certifying that all landscapin!
installed as shown on the approved landscape plans.
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6 Section 20.08.050 of the Carlsbad Municipal Code.
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23. All herbicides shall be applied by applicators licensed by the State of C
24. The applicant shall pay a landscape plan check and inspection fee as 1
25. The first set of landscape and irrigation plans submitted shall include bui a improvement plans and grading plans.
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All landscape and irrigation plans shall show existing and proposed cc
shall match the grading plans in terms of scale and location of improvj
Prior to recordation of a hal map, the applicant shall submit detaile(
wall and landscaping plans along Alicante Road for lots 3,4,9 and 10. '
shall provide for views for the residences across Alicante Road to tht
extent possible without compromising the privacy and safety of adjace
withjn the Fairways project. Said plans shall be reviewed and apprc
Planning Director.
15 28. Any signs proposed for this development shall at a minimum be (
conformance with the City's Sign Ordinance and shall require review a]
16 of the Planning Director prior to installation of such signs.
I? 29. The developer shall display a current Zoning and Land Use Map in the
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30. AU sales maps that are distributed or made available to the public shall
not be limited to trails, future and existing schools, parks, and streets.
31. As part of the plans submitted for building permit plan check, the ap]
include a reduced version of the approving resolution/resolutions on
blueline drawing. Said blueline drawing(s) shall also include a c
applicable Coastal Development Permit and signed approved site plan.
32. Prior to issuance of a grading or building permit, whichever comes
report shall be prepared and submitted to the City of Carlsbad. If the
indicates the presence of potential fossil bearing material then a st
phased program, on file in the Planning Department, shall be undertal
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possible significant impacts on paleontological resources under the dire(
Planning Department.
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33. Additional public and/or onsite fire hydrants shall be provided.
34. The applicant shall submit two (2) copies of a site plan showing 11
4 existing and proposed fire hydrants and onsite roads and drives to the F
for approval.
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6 35. An all-weather access road shall be maintained throughout constructio
36. All required fire hydrants, water mains and appurtenances shall be opera 7
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to combustible building materials being located on the project site.
37. Proposed security gate systems shall be provided with "Knox" key opera1 9 switch, as specified by the Fire Department.
lo 38. All private driveways shall be kept clear of parked vehicles at all time
11 have posted "NO ParkindFire Lane - Tow Away Zone" pursuant
17.04.040, Carlsbad Municipal Code.
12 I/ 39. Fire retardant roofs shall be required on all structures. 13
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15 41. All fire alarm systems, fire hydrants, extinguishing systems, automatic
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40. Brush clearance shall be maintained according to the specifications cont
City of Carlsbad Landscape Guidelines Manual.
for approval prior to construction.
42. The entire potable and non-potable water systexdsystems for subject 1
be evaluated in detail to ensure that adequate capacity and pressure fc
19 landscaping and fire flow demands are met.
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43. The developer's engineer shall schedule a meeting with the Water Distr
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preparation of the water system improvement plans.
and the City Fire Marshal and review the preliminary water system laj
45. Existing water lines and easements at the easterly and westerly ends o 24
charge which will be collected at time of issuance of building permits 23
44. The developer will be responsible for all fees and deposits plus the II
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shall be relocated as necessary.
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46. The project irrigation system shall be designed to easily adapt to a redd
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47. The recreational vehicle storage area is temporary. men the permaner 2
system.
completed at Arroyo La Costa the onsite Fairways facility shall be re]
restored to a landscape open space which may include passive recreati(
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48. Design details not specifically denoted as a part of this application shall k
and approved by the Planning Director prior to the issuance of Bddin;
Engineerinn Conditions:
49. No grading permits shall be issued for this subdivision prior to recorda
final map.
50. The developer shall obtain a grading permit prior to the commencem
clearing or grading of the site.
51. Based upon a review of the proposed grading and the grading quantitie!
the tentative map, a grading permit for this project is required. Prior
of a building permit for the project, the applicant must submit and receil
for grading plans in accordance with City codes and standards, be issuec
permit and complete the grading work in substantia1 conformancc
approved grading plans.
52. Upon completion of grading, the developer shall ensure that an "as-grade
plan be submitted to the City Engineer. The plan shall clearly show all t
as exposed by the grading operation, all geologic corrective measures
constructed and must be based on a contour map which represents both 1
post site grading. This plan shall be signed by both the soils engine
engineering geologist. The plan shall be prepared on a mylar or simil
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~ 53. No grading shall occur outside the limits of the subdivision unless a gradi
easement is obtained from the owners of the affected properties. If thf
is unable to obtain the grading or slope easement, he must either amen
map or change the slope so grading will not occur outside the projec
manner which substantially conforms to the approved tentative map as 1
by the City Engineer and Planning Director.
54. A separate grading plan shall be submitted and approved and a separ;
permit issued for any borrow or disposal site if located within the city
Prior to hauling dirt or construction materials to any proposed constl
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within this project the developer shall submit to and receive approval frc
Engineer for the proposed haul route. The developer shall compl
conditions and requirements the City Engineer may impose with reg;
hauling operation,
55. The developer shall exercise special care during the construction ph
project to prevent offsite siltation. Planting and erosion control shall E
in accordance with the Carlsbad Municipal Code and the City Engineer.
Chap 11.06.
56. The developer shall place the following notes on the final map:
Geotechnical Caution:
A. Slopes steeper than two parts horizontal to one part vertical exist
boundaries of this subdivision.
B. The owner of this property on behalf of itself and all of its su
interest has agreed to hold harmless and indemnify the City of C~I
any action that may arise through any geological failure, grc
seepage or land subsidence and subsequent damage that may 04
adjacent to, this subdivision due to its construction, op~
maintenance.
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57. The owner of the subject property shall execute a hold harmless
regarding drainage across the adjacent property prior to approval of the
for this project.
58. Prior to approval of the final map the developer shall enter into an agrec
the City to pay any drainage area fees established as a result of the fc
Master Drainage Plan Update.
59. 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.
shall be made by a certificate on the final map for this project. All land
shall be granted to the City free and clear of all liens and encumbrances a
cost to the City. Streets that are already public are not required to be rt
Direct access rights for all lots abutting Alicante Road and Corte de la Vir
waived on the final map.
60. Plans, specifications, and supporting documents for all improvement
prepared to the satisfaction of the City Engineer. Prior to approval of thc
in accordance, with City Standards the Developer shall install, or agrec
and secure with appropriate security as provided by law, improvements
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the tentative map and the following improvements:
A. All improvement required to senre this subdivision, as shown on tl
map-
3 11 B. Relocation of sewer and water facilities as required by the respecti
4 C. Replacement of half width frontage improvements on Alicante
5 Corte De La Vita found to be defective during the design proc
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construction period.
A note to this effect shall be placed on an additional map sheet on the fir
the provisions of Sections 66434.2 and 66445 of the Subdivision Map
8 61. Improvements listed above shall be constructed within 18 months 0:
9 approval, whichever occurs first.
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62. All conditions listed above require a right of way permit, traffic contrc
appropriate securities prior to issuance of any building permit.
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63. Unless a standard variance has been issued, no variance from City S
authorized by virtue of approval of this tentative map.
64. The design of all private streets and drainage systems shall be approved
Engineer prior to approval of final map for this project. The structura
all private streets shall conform to City of Carlsbad Standards based
tests. All private streets and drainage systems shall be inspected by tk
the standard improvement plan check and inspection fees shall be pi
approval of the final map for this project.
65. The developer shall install a wheelchair ramp at the public street con
the subdivision in conformance with City of Carlsbad Standards prior tc
of any buildings.
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66. The developer shall comply with all the rules, regulations and design rc
67. This project is approved specifically as 1 (single) phase. 22
of the respective sewer and water agencies regarding services to the p
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68. The developer shall provide an acceptable means for maintaining thc
within the subdivision and all the private streets, sidewalks, street 1
drain facilities and sewer facilities located therein and to distribute the (
maintenance in an equitable manner among the owners of the units
subdivision. Adequate provision for such maintenance shall be includ
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CC&R’s subject to the approval of the City Engineer.
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69. The developer shall be responsible for coordination with S.D.G.& 2
give written consent to the annexation of the area shown within the bo 4
Telephone, and Cable TV authorities.
District No. 1. The form shall be provided by the City during the in 5
3 70. Prior to approval of any grading or building permits for this project, the I
the site plan into the existing City of Carlsbad Street Lighting and L
plancheck process. 6
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71. Approval of this tentative tract map shall expire twenty-four (24) mont
requested by the applicant. Said extension shall be approved or de.
discretion of the City Council. In approving an extension, the City C
impose new conditions and may revise existing conditions pursuant
20.12.1 lO(a) (2) Carlsbad Municipal Code.
date of City Council approval unless a final map is recorded. An extens
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The secondary access road at the southeast end of the project shall bt
locked in accordance with the requirements of the fire marshal.
The developer shall offer to dedicate right-of-way, slope and drainage ea
the future extension of Corte de la Vita and the future realignn
emergency access road. Said offer and design shall be to the approval
Engineer. The offer shall be made by certificate on the final map for I
All lands so offered shall be granted to the City free and clear of a
encumbrances and without cost to the City.
Prior to building pennit issuance a deed restriction shall be placed on al
project to notify potential owners that Corte de la Vita may be extat
emergency access road realigned.
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75. All concrete terrace drains shall be maintained by the homeowner‘s as!
on commonly owned property) or the individual property owner
individually owned lot). An appropriately worded statement clearly ide
responsibility shall be placed in the CC&R’s.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of tl
Commission of the City of Carlsbad, California, held on the 3rd day of Octobe
the following vote, to wit:
AYES: Chairperson Schramm, Commissioners Schlehubt
McFadden, Marcus and Hall.
NOES: None.
ABSENT: Commissioner Erwin.
ABSTAIN: None.
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CARLSBAD PLANNING COMMISSIO
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