HomeMy WebLinkAbout1990-10-03; Planning Commission; Resolution 3114I ll m ?)
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PLANNING COMMISSION RESOLUTION NO. 3114
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAlUSl
CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAl
DEVELOP AN 86 DWELLING UNIT CONDOMINIUM PROJECT ON PROPE
GENERALLY LOCATED ALONG FINCH LANE BETWEEN ALGA ROAD
KINGFISHER PLACE.
CASE NAME: AVIARA PLANNING AREA 9
CASE NO.: CT 90-10
WHEREAS, a verified application for certain property to wit:
Lots 6, 7 and 8 of Tract 85-35 Aviara, Phase I-Unit A, according to Map 12
recorded June 29, 1989, in the City of Carlsbad, County of San Diego, Sta
California
has been filed with the City of Carlsbad and referred to the Planning Commission;
WHEREAS, said verified application constitutes a request as provided by Ti
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of October, 1990,
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
arguments, if any, of all persons desiring to be heard, said Commission considere
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVAL of CT 90-10, based on the following findings and subject to t
conditions:
Findings:
1. The project is consistent with Master Plan 177 since the proposed density of :
is within the permitted density of 3.1 ddacre as specified with Mp-177.
2. The site is physically suitable for the type and density of the development I
is adequate in size and shape to accommodate residential development a
proposed.
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3. 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 a\
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
4. The dedication of the 12.4 acre school site at the intersection of Alga Road a Lane is acceptable as mitigation of the impact to existing Carkbad Unified Sc
school facilities.
5. The dedication of a 24.25 acre park site at the northern terminus of An
satisfies park fee requirements.
6. All necessary public improvements have been provided or will be required E
of approval.
7. The applicant has agreed and is required by the inclusion of an appropriate
pay a public facilities fee. Performance of that contract and payment of the fe
this body to find that public facilities will be available concurrent with neec
by the General Plan.
8. Assurances have been given that adequate sewer for the project will be pro
City of Carlsbad.
9. The project is consist- with the development standards and design criteria t
Master Plan 177 and the Planned Development Ordinance, the City's Noise PC
the Mello I Local Coastal Program..
10. The proposed project is compatible with the surrounding future land
surrounding properties are designated for Open Space and Recreational
development on the General Plan.
11. This project will not cause any significant environmental impacts and a
Negative Declaration has been issued by the Planning Director on August 2
recommended for APPROVAL by the Planning Commission on October :
recommending approving this Conditional Negative Declaration the Planning has considered the initial study, the staff analysis, all required mitigation n
any written comments received regarding the significant effects this project CI
the environment.
12. The applicant is by condition, required to pay any increase in public faciliq
construction tax, or development fees, and has agreed to abide by an
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 prc
PC RES0 NO. 3114 -2-
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13. "his project is consistent with the City's Growth Management Ordinance as
conditioned to comply with any requirement approved as part of the Lo(
Management Plan for Zone 19.
Conditions:
1. Approval is granted for CT 90-10 as shown on Exhibit(s) "A" - "EE, date(
1990, incorporated by reference and on file in the Planning Department. I
shall occur substantially as shown unless otherwise noted in these condition
2. The developer shall provide the City with a reproducible 24" x 36, mylar
Tentative Map as approved by the City Council. The Tentative Map shal
conditions of approval by the City. The Map copy shall be submitted to the C
prior to building, grading or improvement plan submittal, whichever occurs
3. A 500' scale map of the subdivision shall be submitted to the Planning Dire
the recordation of the final map. Said map shall show all lots and street:
adjacent to the project.
4. This project is approved upon the express condition that the final map ~
approved unless the City Council finds as of the time of such approval that s
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 det
sewer facilities are available at the time of application for such sewer pern
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 pi
facilities fee adopted by the City Council on July 28,1987 and as amended :
time, and any development fees established by the City Council pursuant to C:
of the Carlsbad Municipal Code or other ordinance adopted to impleme:
management system or facUes and hnprovement plan and to fulf;u the
agreement to pay the public facilities fee dated March 1, 1990, a copy of wh
with the City Clerk and is incorporated by this reference. If the fees are I
application will not be consistent with the General Plan and approval for thi:
be void.
7. Water shall be provided to this project pursuant to the Water Service agreem
the City of Carlsbad and the Carlsbad Municipal Water District, dated May :
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8. This project shall comply with all conditions and mitigation required by the Z
Facilities Management Plan approved by the City Council on Decembe
incorporated herein and on file in the Planning Department and any future
to the Plan made prior to the issuance of building permits.
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PC RES0 NO. 3114 -3-
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9. 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 shd
unless the City Council determines that the project without the condition co
all requirements of law.
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10. 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
issuance.
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11. The applicant shall establish a homeowner‘s association and correspondins
Planning Director prior to final map approval.
Said Cc&R’s shall include the following provisions:
conditions and restrictions. Said CC&R’s shall be submitted to and apprc
a) No parking of vehicles in private driveways which measure less t
from the garage door to the back of sidewalk or edge of curb face
is closest to the structure.
b) The maximum wall and/or fence height, including combinations tl
be six feeL Only open safety railings of a three foot height maxim
required by a governmental agency can protrude above the six
limit
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c) All changes to the approved landscaping as shown on Fxhiii
October 3, 1990, except for general maintenance, shall be re
approved by the Planning Director prior to implementation. F
plans (24” x 36”). changes to project landscaping shall be accompanied by a set c
d) No expansion of existing structure may take place, except for pat
decks. AU structures must maintain a three foot setback from a
fence line and five feet from any fence line bordering common a
any top or bottom of slope.
2o 12. The applicant shall submit a street name list consistent with the City‘s street 1
21 subject to the Planning Director‘s approval prior to final map approval.
22 13. The applicant shall prepare a detailed landscape and irrigation plan whi
14. All landscaped areas shall be maintained in a healthy and thriving conditio: 24
building pennits, whichever occurs first. 23
submitted to and approved by the Planning Director prior to the issuance ol
25 weeds, trash, and debris.
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15. The developer shall install street trees at the equivalent of 40-foot interv;
public street frontages in conformance with City of Carlsbad standards. The t
of a variety selected from the approved Street Tree List.
16. All landscape plans shall be prepared to conform with the Landscape Guide1
and submitted per the landscape plan check procedures on file in tl
Department.
17. Landscape plans shall be designed to minimize water use. Lawn and other z
or high use. Mulches shall be used and irrigation equipment and design SI
water conservation.
[see Landscape Guidelines Manual) shall be hited to areas of special visua
18. Prior to final occupancy, a letter from a California licensed landscape archi
submitted to the Planning Director certifying that all landscaping has been
shown on the approved landscape plans.
19. AU herbicides shall be applied by applicators licensed by the State of Calif01
11 20.08.050 of the Carlsbad Municipal Code.
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21. The first set of landscape and irrigation plans submitted shall include buildin
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20. The applicant shall pay a landscape plan check and inspection fee as require
improvement plans and grading plans.
match the grading plans in terms of scale and location of improvements.
l5 11 23. Mature trees which are removed shall be replaced one to one with minim
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25. The number of trees in a residential project shall be equal to or greater than 18
24. The minimum shrub size shall be 5 gallons, except as approved by Planning 17'
specimen. Each case shall be reviewed by the Planning Director.
of residential units.
26. Any signs proposed for this development shall at a minimum be designed in (
with the City's Sign Ordinance and shall require review and approval of t
21 Director prior to installation of such signs.
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27. The developer shall display a current Zoning and Land Use Map in the sales
be limited to trails, future and existing schools, parks, and streets. 24
times, or suitable alternative to the satisfaction of the Planning Director.
28. All sales maps that are distributed or made available to the public shall incl
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PC RES0 NO. 3114 -5-
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Prior to the occupancy of any residential unit within this project, the 1
recreational vehicle storage area (within Planning Area 23) with all weatha
to it shall be available for use.
prior to the occupancy of any of the dwelling units, the project applicant sh
a 6.0 high sound attenuation wall between Alga Road and the proposed builc
3 adjacent to Alga Road The wall shall be constructed consistm
recommendations of the Acoustical Study for Planning Area 9 (Mestre Greve,
to the occupancy of building 1, lot 3, the project applicant shall incorporate
traflic noise mitigation measures (Le. balcony barriers and mechanical vent
these units, as described in the Acoustical Analysis for PA-9.
Prior to the issuance of a grading permit or the recordation of the final map
applicant shall receive a Coastal Development Permit that approves develop
in substantial conformance with this City approvaL The Coastal Permit shall
to be submitted to the City Planning Department for review prior to the E
grading permiL
Prior to the issuance of a grading permit, all Coastal deed restricted areas (i
Exhiiit “B9 shall be staked and flagged to prohibit encroachment by
equipment
All units which are setback a minimum of five feet from a private driveTn
equipped with an automatic garage door opener.
All perimeter fencedwalls shall be required to be designed consistent with t
and style of other Master Plan approved fences/walls.
This project is approved subject to the condition that residential water (
measures including water efficient plumbing fixtures in conformance with Sta
Laws and Policies, be incorporated into the project‘s design
Prior to the recordation of the first final tract map or the issuance of residd
permits, whichever is first, the owner of record of the property within the bc
this tentative tract map shall prepare and record a notice that this property j
overflight, sight, and sound of aircraft operating from Palomar Airport b
meeting the approval of the Planning Director and the City Attorney. The apl
post aircraft noise notification signs in all sales and/or rental offices associa1
new development The number and locations of said signs shall be apprc Planning Director.
leerin7 Conditions:
This approval is subject all conditions of approval of Master Plan 177, carlsb
35 and Zone 19 Local Facility Management Plan, and any amendments there
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~ 38. This project is located within the Mello I Local Coastal Plan All development
comply with the erosion control requirements of that plan.
PC RES0 NO. 3114 -6-
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39. The developer shall comply with all the rules, regulations and design require:
respective sewer and water agencies regarding services to the project.
40. The developer shall be responsible for coordination with S.D.G.&E., Pacific Tell
Cable TV authorities.
41. The developer shall provide an acceptable means for maintaining all the pri
sidewalks, street lights, storm drain facilities and sewer facilities located
subdivision and to distribute the costs of such maintenance in an equitable ma
the owners of the units within the subdivision. Adequate provision for such n
shall be included with the CC&R's subject to the approval of the City Enginee
above improvements are considered private unless otherwise labeled on the te~
42. Approval of this tentative tract map shall expire twenty-four (24) months fr(
of City Council approval unless a final map is recorded. An extension may b
by the applicant. Said extension shall be approved or denied at the discretioI,
Council. In approving an extension, the City Council may impose new conditio
revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Muni
4% 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 forthcorn
Drainage Plan Update.
44. The owner of the subject property shall execute a hold harmless agreemen1
drainage across the adjacent property prior to approval of the final map for t
45. The applicant shall agree to utilize reclaimed water, if available, in Type I fc
subject property in all common areas as approved by the City Engineer. Reclai
as defined in Section 1305(n) of the California Water Code, means water \
result of treatment of wastewater, is suitable for a direct beneficial use or con
that would not otherwise occur.
46. No grading permits shall be issued for this subdivision prior to recordation c
map except as approved for model homes.
47. Based upon a review of the proposed grading and the grading quantities shc
tentative map, a grading pedt for th;s project is required. Prior to issuance of
permit for the project, the applicant must submit and receive approval for gra
in accordance with City codes and standards, be issued a grading permit and co
grading work in substantial conformance with the approved grading plans,
required for model home area.
48. The developer shall obtain a grading permit prior to the commencement of ai.
or grading of the site.
49. No grading shall occur outside the limits of the subdivision unless a gradin,
easement is obtained from the owners of the affected properties. If the de
unable to obtain the grading or slope easement, he must either amend the ten
or change the slope so grading will not occur outside the project site in a man
substantially conforms to the approved tentative map as determined by the Ciq
and Planning Director.
PC RES0 NO. 3114 -7-
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50. A separate grading plan shall be submitted and approved and a separate grz
issued for the borrow or disposal site if located within the city limits.
51. Prior to hauling dirt or construction materials to any proposed construction sit
project the developer shall submit to and receive approval from the City Eng proposed haul route. The developer shall comply with all conditions and requ
City Engineer may impose with regards to the hauling operation.
52. The developer shall exercise special care during the construction phase of tl
prevent offsite siltation. Planting and erosion control shall be provided in accc
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06,
53. The developer shall construct desiltatioddetention basins of a type and
locations as approved by the City Engineer. The developer shall enter into
basin maintenance agreement and submit a maintenance bond satisfactoq
Engineer prior to the approval of grading, building permit or final map whid
first for this project. Each desiltation basin shall be serviced by an
access/maintenance road. The provisions of this agreement shall apply tc
borrow sites which may be utilized in the construction of this project as req
City Engineer.
54. Rain gutters must be provided where feasale to convey roof drainage to i
drainage device as required by the City Engineer.
55. Additional drainage easements and drainage structures shall be provided or ir
to the issuance of grading or building pennit as may be required by the CitJ
56. 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. Th
be made by a certificate on the final map for this project. All land so offe
granted to the City free and clear of all liens and encumbrances and withou
City. Streets that are already public are not required to be rededicated.
57. Direct access rights for all lots abutting Alga Road shall be waived on the ha:
for the point of connection with Finch Lane.
58. Prior to approval of any grading or building pennits for this project, the own
written consent to the annexation of the area shown within the boundaries of
into the existing City of Carlsbad Street Lighting and Landscaping District No.
shall be provided by the City during the improvement plancheck process.
59. Runoff from this project is conveyed to environmentally sensitive areas. Th
shall provide adequate means of eliminating grease and oils from drah
discharge. Plans for such improvements shall be approved by the City Engh
issuance of grading or building permit. Those plans shall be in codom
"Waste Discharge Requirements for Stomwater and Urban Runoff from the G
Diego".
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PC RES0 NO. 3114 -8-
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60. The developer shall install street lights along all public and private street
conformance with City of Carlsbad Standards.
61. The developer shall install a wheelchair ramp at the public street comer
subdivision in conformance with City of Carlsbad Standards prior to occu]
buildings.
62. Some improvements shown the tentative map and/or required by these c(
located offsite on property which neither the City nor the subdivider has sufi
interest to permit the improvements to be made without acquisition of titl
The Developer shall conform to Section 20.16.095 of the Carlsbad Municip;
63. Plans, specifications, and supporting documents for all improvements shall bl
the satisfaction of the City Engineer. Prior to approval of the final map ir
with City Standards the Developer shall install, or agree to install and
appropriate security as provided by law, improvements shown on the tenta.
the following improvements:
A. Alga Road to major arterial standards or better from Mimosa Street 1
Real to the satisfaction of the City Engineer. This obligation may be
other projects having a similar condition to the satisfaction of the C:
64. Improvements listed above shall be constructed within 24 months of final m;
65. The Fire Marshal has determined that onsite fire hydrants are required .
project. Prior to issuance of a building pennit for the site, the applicant mus
receive City and water district approval for appropriate waterline improveme
District Standards, plancheck and inspection fees paid and improvement seci
posted with the Water District.
easements, All improvements shall be designed in conformance with Cit
66. The design of all private streets and drainage systems shall be approved
Engineer prior to approval of the final map for this project The structural
private streets shall conform to City of Carlsbad Standards based on R-Val
private streets and drainage systems shall be inspected by the City, and
improvement plan check and inspection fees shall be paid prior to approva
map for this project The horizontal design of the private streets are approv
on the tentative map.
67. Irrigation systems to accommodate future reclaimed water shall be design(
with Title 17 of the California Administrative Code. Offsite future recl,
distribution systems should be anticipated by the installation of adequately
at crossing points to minimize street excavation.
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j PC RES0 NO. 3114 -9-
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68. The subject property is wiihin the boundaries of Assessment District No. 88-1 (A
Upon the subdivision of land within the district boundaries, the subdivide
through assessments to subsequent owners & if the subdivider has execute
Assessment district Pass-Through Authorization Agreement Said agreeme
provisions repding notice to potential buyer of the amount of the assessma
provisions and requires the subdivider to have each buyer receive and execute
Assessment and an Option Agreement. In the event that the subdivider does
the Authorization Agreement, the assessment on the subject property must bc
full bv the subdivider prior to anv subdivision of the land.
69. As required by State law, prior to the recordation of a final map over any of
property, a segregation of assessments must be completed and recorded for all
lots. By applying for a segregation of assessments, the subdivider agrees to
to cover the costs associated with the segregation. A segregation is not req
subdivider pays off the assessment on the subject property prior to the record
final map. In the event a segregation of assessments is not recorded and
subdivided, the full amount of assessment will appear on the tax bills of &
70. An adjustment plat will be required to adjust the Southeastern property
adjustment plat must be recorded prior to recordation of the final map.
permission from the present property owner is on file in CI' 90-10.
71. This project is approved under the express condition there will be model
grading for the model units prior to final recordation is authorized purs
approval of this tentative map. Sewer and water must be provided to th
hydrants shall be provided as deemed necessary by the Fire Marshal A sepz
permit shall be obtained for the model area.
grading required for the model units is showing in an exhibit to the tentativ
72. All storm drain and sewerlines which do not cany public flows shall remain
be maintained by the Homeowners Association. A note to this effect shall be 1 cc&R's.
73. A,. The lot configurations as shown on the tentative map are specifically n
This project shall have a total of meen (13) lots. New Lot 1 shall E
of Lots 2,3 and 19 and a portion of Lot 1 by extending the lot line
Lot 19 and 4 east and west. New Lot 2 shall be comprised of Lot 4 a
of Lots 1. New Lot 3 shall be comprised of Lots 5 and 7. New LC
comprised of Lots 6,8 and the portion of Lot 1 south of the extensit
line between old Lot 5 and 8 to the proposed easement for a passi~
area. New Lot 5 shall be comprised of Lots 9,lO and 18 and the p' 1 south of the extension of the lot line between old Lot 8 and t
easement for a passive recreation area. New Lot 6 shall be comprist
and 12. New Lot 7 shall be comprised of open space Lot 14. Open s]
17 and 18 shall be renumbered Lots 8,9 and 11. The recreation a
renumbered Lot 10 and 12, old Lots 15 and 13. A portion of Lot 7 I
open space Lot 13. The lot configuration as desuiied in this conditio
as an attachment.
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B. The phasing shall be consistent with the lot numbers except:
1. The construction of Finch Lane to just south of Shuttle Rc
landscaping of old open space Lot 17 shall be included no later
2. Phase 1 shall include Lot 19 for model home parking.
3. Phase 7 shall consist of constructing residential units in the m
area.
4. Phase 1 shall include the landscaping of new lots 8 and 9 (old
17).
5. Phase 3 shall include the construction of recreation area new La
15) and the landscaping of new Lot 13.
6. Phase 5 shall include the landscaping of new Lot 11 (old Lot
construction of recreation area new Lot 12 (old Lot 13).
C. The open space lot - new Lot 7 (old Lot 14) shall be deeded over t Master Association concurrent with final map recordation per th
between the developer and Hillman Properties.
D. The following areas shall be granted as covenant for easements to :
condominium units (not the Homeownen Association). These t
easements shall be conveyed by separate document and recorded con
the final map.
1. A common area in perpetuity as a covenant running with the 1;
areas shown as old Lots 13 and 15 on the tentative map, for
maintenance and recreational purposes.
2. A common area in perpetuity as a covenant running with the :
paved areas and sidewalks, except individual concrete driveways,
access, parking, private utilities and maintenance purposes (old L
9 and 11).
3. A common area in perpetuity as a covenant running with the la
Lots 8, 9, 11 and 13 (old Lots 16, 17, 18 and a portion 0:
landscaping maintenance and open space purposes.
4. A common area in perpetuity as a covenant running with the 1;
Lots 1 through 12 inclusive and Lot 19, for landscaping,
maintenance purposes.
These covenant for easements shall be binding upon all successors,
transfers of covenantor. These covenants cannot be quitclaimed
approval of the City. Wording to that effect shall be placed on the 4
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E. All the above changes shall be shown on the approved tentative ma]
74. If the developer chooses to construct out of phase, all improvements require(
phases must be constructed
Fire Conditions:
75. Additional public and/or on site fire hydrants shaU be provided if deemed nec
Fire Marshal
76. The applicant shall submit two (2) copies of a site plan showing locations of
proposed fire hydrants and on site roads and drives to the Fire Marshal for
77. An all weather access road shall be maintained throughout construction.
78. All required fire hydranks, water mains and appurtenances shall be operati
combustiile building materials being located on the project site.
79. Proposed security gate systems shall be provided with "Knox" key operated ow
as specified by the Fire Department
80. All private driveways shall be kept clear of parked vehicles at all times, an
posted "No ParkinglFire Lane-Tow Away Zone".
81. Fire retardant roofs shaU be required on all structu~es.
82. Brush clearance shall be maintained according to the specifications containe
of Carlsbad Landscape Guidelines Manual.
83. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkle
systems pertinent to the project shall be submitted to the Fire Department
prior to construdion.
84. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Phning
of the City of Carlsbad, California, held on the 3rd day of October , 1990, by the fc
to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Ma:
NOES: None.
ABSENT: Commissioners Erwin and McFadden.
ABSTAIN: None.
SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSIC
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MG:rvo
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