HomeMy WebLinkAbout1990-10-03; Planning Commission; Resolution 31191, PI .? 0 0
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PLANNING COMMISSION RESOLUTION NO. 3119
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
TENTATIVE TRACT MAP TO DEVELOP A 56 DWELLING UNIT
CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED
NORTH OF ALGA ROAD ALONG PINTAIL COURT. CASE NAME: CALADRIS AT AVIARA - PLANNING AREA 16
CASE NO.: CT 90-14
WHEREAS, a verified application for certain property to wit:
A subdivision of lot 90 of tract 85-35, Aviara Phase I according to
Map 12410 of the City of Carlsbad, County of San Diego, State of
California.
has been filed with the City of Carlsbad and referred to the Planning Commission; ant
WHEREAS, said verified application constitutes a request as provided bj
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of October, 3
duly noticed pubL 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 considerec
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Co
follows:
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 90-14, 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 permitred density of 14.9 du/acre as specified within MP 177.
1 2. The site is physically suitable for the type and density of the development si
adequate in size and shape to accommodate residential development ai
I proposed.
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3. The Planning Commission has, by inclusion of an appropriate condition to tl
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 Commission
issued for the project unless the City Engineer determines that sewer service i:
and building cannot occur within the project unless sewer service remains availaI
Planning Commission is satisfied that the requirements of the Public Facilities
the General Plan have been met insofar as they apply to sewer service for this :
4. The dedication by the developer of the 12.4 acre school site at the intmction 01
and Ambrosia Lane is acceptable as mitigation of the impact to existing Carl&
School District school facilities. As such, no school fees will be required at time
permit issuance.
a condition that a note shall be placed on the final map that building permits 1
5. The dedication by the developer of a 24.25 acre park site at the northern tc
Ambrosia Lane satisfies park fee requirements.
6. All necessary public improvements have been provided or will be required as ca
approval.
7. The applicant has agreed and is required by the inclusion of an appropriate cond
a public facilities fee. Performance of that contract and payment of the fee will
body to find that public facilities will be available concurrent with need as requ
General Plan.
8. Assurances have been given that adequate sewer for the project will be provided
of Carlsbad.
9. The project is consistent with the development standards and design criteria oj
Master Plan 177 and the Planned Development Ordinance, the City's Noise Pol
the Mello I Local Coastal Program.
10. The proposed project is compatible with the surrounding future land uses since s
properties are designated for open space and recreational commercial developr
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 24
recommended for approval by the Planning Commission on October 3,
recommending approval of this Conditional Negative Declaration the Planning (
has considered the initial study, the staff analysis, all required mitigation measu
written comments received regarding the significant effects this project could 1
environment.
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PC RES0 NO. 3119 -2-
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12. The applicant is by condition, required to pay any increase in public facility fc
1 construction tax, or development fees, and has agreed to abide by any
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requirements established by a Local Facilities Management Plan prepared ~p
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued ava
public facilities and will mitigate any cumulative impacts created by the project
4 13. This project is consistent with the City's Growth Management Ordinance as i
conditioned to comply with any requirement approved as part of the Loca
5 Management Plan for Zone 19.
6 11 Conditions:
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substantially as shown unless otherwise noted in these conditions. 8
1. Approval is granted for CT 90-14, as shown on Exhibit(s) "A" - "W", dated Octo1
incorporated by reference and on file in the Planning Department. Development
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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 shall
conditions of approval by the City. The Map copy shall be submitted to the Ci
prior to issuance of building permits or improvement plan submittal, whichever
3. A 500' scale map of the subdivision shall be submitted to the Planning Director
recordation of the final map. Said map shall show all lots and streets within a]
to the project.
14 4. This project is approved upon the express condition that the final map shall not 1
to be available until time of occupancy. This note shall be placed on the final
for development of the subject property unless the City Engineer determines
5. This project is approved upon the express condition that building permits will n 16
to serve the subdivision. 15
unless the City Council finds as of the time of such approval that sewer service
17 facilities are available at the time of application for such sewer permits and w
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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 Cl
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 April 4,1990, a copy of which is
the City Clerk and is incorporated by this reference. If the fees are not paid ~
will not be consistent with the General Plan and approval for this project wil
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 21
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8. This project shall comply with all conditions and mitigation required by the Zor
incorporated herein and on file in the Planning Department and any future ame~
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the Plan made prior to the issuance of building permits. 2
Facilities Management Plan approved by the City Council on December
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9. If any condition for construction of any public improvements or facilities, or tl-
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 Co
65913.5. If any such condition is determined to be invalid this approval shall
unless the City Council determines that the project without the condition compl
requirements of law.
7 10. Approval of this request shall not excuse compliance with all sections of 1
issuance. 8
Ordinance and all other applicable City ordinances in effect at time of builc
9 11. The applicant shall establish a homeownefs association and corresponding
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conditions and restrictions. Said CC&R's shall be submitted to and appro
prohibits parking of vehicles in any private driveway which measures less than i
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12. The applicant shall submit a street name list consistent with the City's street I I.2
garage door to back of sidewalk or edge of curb face, which ever is closest to th
building permits, whichever occurs first. 15
submitted to and approved by the Planning Director prior to the issuance of
13. The applicant shall prepare a detailed landscape and irrigation plan whic
10 Planning Director prior to final map approval. Said CCWs shall include a prov
subject to the Planning Directois approval prior to final map approval.
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14. All landscaped areas shall be maintained in a healthy and thriving conditior
weeds, trash, and debris.
15. The developer shall install street trees at the equivalent of 40-foot intervals alor
street frontages in conformance with City of Carlsbad standards. The trees SI
variety selected from the approved Street Tree List.
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16. All landscape plans shall be prepared to conform with the Landscape Guidelines
submitted per the landscape plan check procedures on file in the Planning De]
17. Landscape plans shall be designed to minimize water use. Lawn and other zc
high use. Mulches shall be used and irrigation equipment and design shall prc 22 (see Landscape Guidelines Manual) shall be limited to areas of special visual in
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shown on the approved landscape plans. 25
18. Prior to final occupancy, a letter from a California licensed landscape archit 24
conservation.
submitted to the Planning Director cerhfymg that all landscaping has been
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19. All herbicides shall be applied by applicators licensed by the State of Californie
20. The applicant shall pay a landscape plan check and inspection fee as required 1
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21. The first set of landscape and irrigation plans submitted shall include builc 3
20.08.050 of the Carlsbad Municipal Code.
improvement plans and grading plans.
22, All landscape and irrigation plans shall show existing and proposed contour 5 match the grading plans in terms of scale and location of improvements. ' 23. Mature trees which are removed shall be replaced one to one with minimu
24. The minimum shrub size shall be 5 gallons, except as approved by the Plannin 8
specimen. Each case shall be reviewed by the Planning Director. 1
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25. The number of trees in a residential project shall be equal to or greater than 1
of residential units.
26. 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
Director prior to installation of such signs.
27. The developer shall display a current Zoning and Land Use Map in the sales
times, or suitable alternative to the satisfaction of the Planning Director.
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29. Prior to the occupancy of any residential unit within this project, the M 16
limited to trails, future and existing schools, parks, and streets.
it shall be available for use. 17
recreational vehicle storage area (within Planning Area 23) with all weather ac
28. AU sales maps that are distributed or made available to the public shall includc
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30. Prior to the occupancy of any of the dwelling units, the project applicant shall
6.0 high sound attenuation wall between Alga Road and the Proposed dwelliq
12,19,26,29,30-33, and 52-56 along Alga Road. The wall shall be constructe
with the recommendations of the Acoustical Study for Planning Area 16 (M
1990). Prior to the occupancy of units 3, 7, 12, 19,26,29,30-33, and 52-56,
applicant shall incorporate all required traffic noise mitigation measures (i
barrim and mechanical ventilation) into these units, as described in the Acoust
for PA 16.
2 3 31. mior to de issuance of a grading permit or the recordation of de final map,
be submitted to the City Planning Department for review prior to the issuance
substantial conformance with this City approval The Coastal Permit shall be 24
applicant shall receive a Coastal Development Permit that approves developme
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32. Prior to the issuance of a grading permit, all Coastal Deed Restricted areas shal
1 and flagged to prohibit encroachment by construction equipment
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style of other Master Plan approved fences/wak. 4
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33. All units which are setback 6.5 feet or less from a private driveway shall be equ
an automatic garage door opener-
34. AU perimeter fences/walls shall be required to be designed consistent with the m;
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35. This project is approved subject to the condition that residential water c(
measures including water efficient plumbing fixtures in conformance with Stat(
Laws and Policies, be incorporated into the projects design.
36. Prior to the recordation of the first final tract map or the issuance of residentj
pennits, whichever is kt., the owner of record of the property within the bound,
tentative tract map shall prepare and record a notice that this property is
overflight., sight., and sound of aircraft operating from McClellan-Palomar A
manner meeting the approval of the Planning Director and the City Attorney. TI
shall post aircraft noise notification signs in all sales and/or rental offices ass0
the new development. the number and locations of said signs shall be apprc Planning Director.
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37. This approval is subject to all conditions of Master Plan 177, Carkbad Tract 85-3 l3
Engineering Conditions:
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15 38. This project is located within the Mello I Local Coastal Plan All development t
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19 Local Facilities Management Plan, and any amendments thereto.
comply with the erosion control requirements.
39. The developer shall comply with all the des, regulations and design requiren
17 respective sewer and water agencies regarding services to the project.
18 40. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telc
19 I! Cable TV authorities.
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41. The developer shall provide an acceptable means for maintaining all the pri
subdivision and to distribute the costs of such maintenance in an equitable ma
the ownm of the units within the subdivision. Adequate provision for such I
above improvements are considered private.
sidewalks, street lights, storm drain facilities and sewer facilities located
22 shall be included with the Cc&R's subject to the approval of the City Enginee
23 42. Approval of this tentative tract map shall expire twenty-four (24) months fron
24 City Council approval unless a final map is recorded. An extension may be requ
applicant. Said extension shall be approved or denied at the discretion of the (
25 In approving an extension, the City Council may impose new conditions anc
26 existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal C
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Prior to approval of the final map the developer shall enter ho an agreement w
to pay any drainage area fees established as a result of the forthcoming Maste
Plan Update.
The owner of the subject property shall execute a hold harmless agreemenl
drainage across the adjacent property prior to approval of the final map for th
The applicant shall agree to utilize reclaimed water if available, in Type I fo
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 which
of treatment of wastewater, is suitable for a direct beneficial use or controlll
would not otherwise occur.
Grading in advance of final map may be allowed subject to City Engineer i
accordance with Chapter 11.06 Carlsbad Municipal Code and departmental PO
Based upon a review of the proposed grading and the grading quantities shc tentative map, a grading permit for this project is required. Prior to issuance o
permit for the project, the applicant must submit and receive approval for gradj
accordance with City codes and standards, be issued a grading permit and c(
grading work in substantial conformance with the approved grading plans.
The developer shall obtain a grading permit prior to the commencement of any
grading of the site.
No grading shall occur outside the limits of the subdivision unless a gradi
easement is obtained from the owners of the affected properties. If the develor
to obtain the grading or slope easement, he must either amend the tentative ma
the slope so grading will not occur outside the project site in a manner which s
conforms to the approved tentative map as determined by the City Engineer a
Director.
A separate grading plan shall be submitted and approved and a separate gra issued for the borrow or disposal site if located within the city limits,
Prior to hauling dirt or construction materials to any proposed construction sit1
project the developer shall submit to and receive approval from the City En@
proposed haul route. The developer shall comply with all conditions and requ
City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of th
prevent offsite siltation. Planting and erosion control shall be provided in accc
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
Rain gutters are to be provided where feasible to convey roof drainage to
drainage device as approved by the City Engineer.
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54. Additional drainage easements and drainage structures shall be provided or inst
1 to the issuance of grading or building permit as may be required by the City Er
2 55. The developer shall make an offer of dedication to the City for all public easemen
by these conditions or shown on the tentative map. The offer shall be made by a
clear of all liens and encumbrances and without cost to the City. Streets that :
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public are not required to be rededicated. 4
on the final map for this project. All land so offered shall be granted to the Cii
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56. Direct access rights for all lots abutting Alga Road, with the exception of the gel
and access easement at Pintail Court and the emergency fire exit.
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Some improvements shown the tentative map and/or required by these con
interest to permit the improvements to be made without acquisition of title or in
Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code,
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 oft
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1
shall be provided by the City during the improvement plancheck process.
located offsite on property which neither the City nor the subdivider has suffic
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59. Runoff from this project is conveyed to environmentally sensitive areas. Thf
shall provide adequate means of eliminating grease and oils from draina
discharge. Plans for such improvements shall be approved by the City Engin
issuance of grading or building permit. Those plans shall be in confonnan
"Waste Discharge Requirements for Stormwater and Urban Runoff from the Cc
Diego".
16 60. Plans, specifications, and supporting documents for all improvements shall be
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the satisfaction of the City Engineer. Pdor to approval of the final map in acca
security as provided by law, improvements shown on the tentative map and tl
City Standards the Developer shall install, or agree to install and secure with
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2o i A. Alga Road to major arterial standards or better from Mimosa Street t
Real to the satisfaction of the City Engineer. This obligation may be
other projects having a similar condition to the satisfaction of the CiQ
21 61. Improvements listed above shall be constructed within 24 months of final n
22 and/or improvement plan approval, whichever occurs first.
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62. The design of all private streets and drainage systems shall be approved
Engineer prior to approval of the final map or issuance of any grading permi
occurs first for this project. The structural section of all private streets shall co
of Carlsbad Standards based on R-value tests. All private streets and drainage
be inspected by the City, and the standard plan check and inspection fees shall
to approval of the f;Ilal rnap/Lsuance of any or grading permit, whichever 01
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this project. The horizontal design of the private streets are approved as sha
tentative map.
2 63. The developer shall install a wheelchair ramp at the public street corner abutting
3 site in conformance with City of Carlsbad Standards prior to occupancy of any
64. A. The lot configuration as shown on the tentative map are specifically no.
the addition of recreation area Lot 8, (a portion of Lot 2) and recreatit
9 (a portion of Lot 4).
4 The project shall have a total of nine (9) lots. All lots shall remain as I
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B. The construction phasing shall occur as follows:
1. Phase 1 shall consist of Lot 5 for the model units.
2. Phase 2 shall consist of Lot 1.
3. Phase 3 shall consist of Lot 2 and recreation Lot 8.
4. Phase 4 shall comist of Lot 3.
5. Phase 5 shall consist of Lot 4 and recreation area Lot 9.
6. Phase 6 shall consist of constructing residential units in the mc
area
C. The following areas shall be granted as covenant for easements to a1 condominium units (not the Homeowner Association). These c(
easements shall be conveyed by separate document and recorded con(
the final map.
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1. A common area in perpetuity as a covenant running with the 1
paved areas and sidewalks, except individual concrete dri
vehicular access, parking, private utilities and maintenance PUI
2. A common area in perpetuity as a covenant running with the 1;
1, through Lot 5, for landscaping, access, maintenance and
purposes.
3. A common area in perpetuity as a covenant with the land ove
and 9 for recreational, landscaping and maintenance purposes
These covenant for easements shall be binding upon all succez
and transfers of covenantor. These covenants can not be
without the approval of the City. Wording to that effect shall
the covenants.
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D. All the above changes shall be shown on the approved tentative ma1
E. If the developer chooses to construct out of phase, all improvement!
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previous phases must be constructed.
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65. The Fire Marshal has determined that onsite fire hydrants are required to serve 1
Prior to issuance of a building permit for the site, the applicant must submit
City and water district approval for appropriate waterline improvement plans and All improvements shall be designed in conformance with City and Water Districl
plancheck and inspection fees paid and improvement security shall be posted wit
District.
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66. The subject property is within the boundaries of Assessment District No. 88-1 (,
Upon the subdivision of land within the district boundaries, the subdivida
through assessments to subsequent owners & if the subdivider has execute
Assessment district Pass-Through Authorization Agreement Said agreema
provisions regarding notice to potential buyer of the amount of the assessmen
provisions and requires the subdivider to have each buyer receive and execute
Assessment and an Option Agreement. In the event that the subdivider does 1
the Authorization Agreement, the assessment on the subject property must be
full by the subdivider Drior to any subdivision of the land.
67. 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 pa^
cover the costs associated with the segregation. A segregation is not requ
subdivider pays off the assessment on the subject property prior to the recork
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 & I
68. This project is approved under the express condition there will be model units. '1
required for the model units is shown in an &%it to the tentative map. The ~
the model units prior to final map recordation is authorized pursuant to the app1
tentative map. Sewer and water must be provided to the site. Fire hydrar
provided as deemed necessary by the Fire Marshal
17 69. The CC&R's for this development shall state that all storm drains, sewerlines, anc
Fire Conditions: l9
Association. 18 which are not for fire service are private and will be maintained by the H
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70. Additional public and/or on site fire hydrants shall be provided if deemed neces
Fire MarshaL
22 71. The applicant shall submit two (2) copies of a site plan showing locations of e
proposed fire hydrants and on site roads and drives to the Fire Marshal for apl
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72. An all weather access road shall be maintained throughout construction.
73. All required fire hydrants, water mains and appurtenances shall be operation
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74. Proposed security gate systems shall be provided with "Knox" key operated over
1 as specified by the Fire Department
2 75. AU private driveways less than 32' wide shall be kept clear of parked vehicles i
and shall have posted "No Parkinflire Lane-Tow away Zone" pursuant t 3 Municipal Code.
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systems pertinent to the project shall be submitted to the Fire Department for apl
78. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers 7
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' 77. Brush clearance shall be maintained according to the specifications contained 5
76. Fire retardant roofs shall be required on all structures.
of Carkbad Landscape Guidelines Manual
8 to COnSlnlCtiOIL
9 79. Buildings exceeding 10,000 sq. k aggregate floor area shall be sprinklered.
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11 ll PASSED, APPROVED, AND ADOPTED at a regular meeting of th
12 I1 Commission of the City of Carlsbad, California, held on the 3rd day of October, 15
13 // following vote, to wit:
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AYES: Chairperson Schramm, Commissioners: Schlehuber, Hoh
and Hall.
NOES: None.
ABSENT: Commissioners: Erwin and McFadden.
ABSTAIN: None. "._"
r SHARON SCHRA", Chairperson
CAFUSBAD PLANNING COMMISSION
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PC RES0 NO. 3119 .11-