HomeMy WebLinkAbout1990-11-07; Planning Commission; Resolution 3144,. I/ 0 cb
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PLANNING COMMISSION RESOLUTION NO. 3144
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT
HOMES ON PROPERTY GENERALLY LOCATED NORTH OF ALGA
ROAD, 1,000 FEET WEST OF EL CAMINO REAL.
CASE NAME: PAVOREAL
PLAN SDP 90-6 TO CONSTRUCT 90 DETACHED SINGLE-FAMILY
CASE NO: SDP 90-6
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 17th day of October, 1990, and on the 7th day of November, 1990,
consider said request on property described as:
Southwest quarter of the northwest quarter of Section 26, Township 12 south,
Range 4 west, San Bernardino Meridian, San Diego County
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to SDP 90-6.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
SDP 90-6, based on the following findings and subject to the following conditions:
Findings :
1. All findings of Planning Commission Resolution No. 2833, CT 85-34 (Viewpoint) are
incorporated herein by reference.
2. The project is consistent with the Gtfs General Plan since the plan states that urban low-
medium residential areas such as this project site should be Characterized by single-family
detached homes.
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3. This project is consistent with the R-1-7500-Q Zone and meets all the requirements of the
1 Hillside Development Ordinance and Chapter 21 of the City's Municipal Code.
2 4. The proposed project is compatible with the surrounding neighborhood since it contains
similar building height, architecture and building materials as the surrounding commercial 3 and residential development.
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5. This project will not cause any additional significant environmental impacts and the
Planning Department has determined that the environmental effects of the project have
already been considered in conjunction with previously certified environmental documents
(Mitigated Negative Declaration dated December 1,1988, Planning Commission Resolution
No. 2834) on file in the Planning Depment.
Conditions:
8 1. All conditions of approval for CT 85-34 as contained in Planning Commission Resolution
9 No. 2833 apply to this approval and are incorporated herein by reference.
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2. Approval is granted for SDP 90-6, as shown on Exhibit(s) "A" - "CC", dated September 28,
shall occur substantially as shown unless otherwise noted in these conditions.
1990, incorporated by reference and on file in the Planning Department. Development
building, grading or improvement plan submittal, whichever occurs first.
of approval by the City. The Plan copy shall be submitted to the City Engineer prior to
3. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the Site I.z
13 Plan as approved by the Planning Commission. The Site Plan shall reflect the conditions
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4, This project is also approved under the express condition that the applicant pay the public
facilities fee adopted by the City Council on July 28,1987 and as amended from time to
time, and any development fees established by the City Council pursuant to Chapter 21.90
of the Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or facilities and improvement plan and to fulfill the subdivider's
agreement to pay the public facilities fee dated March 21, 1990, a copy of which is on file
with the City Clerk and is incorporated by this reference. If the fees are not paid this
application will not be consistent with the General Plan and approval for this project will
be void. I
20 5. This approval shall become null and void if building permits are not issued for this project
21 within eighteen months year from the date of project approval.
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6. The applicant shall prepare a detailed landscape and irxigation plan for the entryway at
the northwest and northeast comers of Alga Road and Mimosa Drive. The plans shall be
submitted to and approved by the Planning Director prior to the issuance of a building
permit
7. All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
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27 PC RES0 NO. 3144 -2-
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8. All landscape plans shall be prepared to conform with the Landscape Guidelines Manual
and submitted per the landscape plan check procedures on file in the Planning
Department.
9. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants
(see Landscape Guidelines Manual) shall be limited to areas of special visual importance
or high use. Mulches shall be used and irrigation equipment and design shall promote
water conservation.
10. The developer shall avoid trees that have invasive root systems, produce excessive litter
and/or are too large relative to the lot size.
11. Prior to final occupancy, a letter from a California licensed landscape architect shall be
submitted to the Planning Director certifying that all landscaping has been installed as
shown on the approved landscape plans.
12. All herbicides shall be applied by applicators licensed by the State of California.
13. The applicant shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
14. All landscape and irrigation plans shall show existing and proposed contours and shall
match the grading plans in terms of scale and location of improvements.
15. The minimum shrub size shall be 5 gallons.
16. As part of the plans submitted for building permit plan check, the applicant shall include
a reduced version of the approving resolutions on a 24" x 36 blueline drawing. Said
blueline drawing(s) shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
17. Prior to issuance of a building permit there shall be a deed restriction placed on the deed
to lots 1-19 and 44-49 subject to the satisfaction of the Planning Director notifying all
interested parties and successors in interest that:
k The distance between the original structures depicted on Exhibits "A" - "CC"
9/28/90, and side property line shall become the established side yard setback for
each lot and supersede the existing underlyhg R-1 Zone's side yard setback
standard. No further development is permitted in this side yard setback.
B. All room additions and add om shall maintain a rear yard minimum distance of
15 feet from the top of any rear yard slope, except patio covers and detached
accessory structures which must llliLintain a minimum distance of five feet from the
top of any rear yard slope. Fences and walls are excluded from this requirement
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PC RES0 NO. 3144 -3-
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Enheerinp; Conditions:
18. The developer shall provide an acceptable means for maintaining the easements within the
subdivision and all the private streets, storm drain facilities located therein and to
distn’bute the costs of such maintenance in an equitable manner among the owners of the
units within the subdivision. Adequate provision for such maintenance shall be included
with the CC&R’s subject to the approval of the City Engineer. Those private storm drains
are located on Lots 67,68 and 90.
19. This project is approved under the express condition that the applicant pay the additional
public facilities fee adopted by the City Council on July 28,1987, and any development
fees established by the City Council pursuant to Ordinance No. 9791 or subsequent
ordinance adopted to implement a growth or development management system or public
facXties phashg plan to fulfill the subdivideis agreement to pay the public facilities fee,
a copy of which is on file with the City Clerk and is incorporated by this reference. If the
fees are not paid, this application will not be consistent with the General Plan and
approval for this project shall be void.
20. All required fire hydrants, water mains, and appurtenances shall be operational prior to
combustible building materials being located on the project site.
21. This project is approved upon the express condition that building permits will not be
issued for development of the subject property unless the City Engineer determines that
sewer facilities are available at the time of application for such sewer permits and will
continue to be available until time of occupancy.
22. Unless a standard variance has been issued, no variance from City Standards is authorized
by virtue of approval of this Site Plan.
23. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
24. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and
Cable TV authorities.
25. All concrete terrace drains shall be maintained by the homeowneJs association (if on
commonly owned property) or the individual property owner (if on an individually owned
lot). An appropriately worded statement clearly identifying the responsibility shall be
placed in the CC&R’s.
26. Prior to hauling dirt or construction materials to any proposed construction site within this
project the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling operation.
27. The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
I pc RESO No. 3144
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28. Additional drainage easements and drainage structures shall be provided or installed prior
to the issuance of grading or building permit as may be required by the City Engineer.
29. Prior to the issuance of any building pennits for the project, the develope shall post a cash
deposit and enter into an agreement with the City agreeing to pay a proportional share
of the improvement of Alga Road to major arterial standards from Mimosa Drive thru El
camin0 Red The developen contribution shall be fixed at 4.4 percent of the cost of the
work induding Engineering inspection and administration as determined by the City
condition is required to assure compliance with circulation standards of the Growth
Management Ordinance and Local Facilities Management Plans for Zone 6 and 19.
Engineer and shall be paid to Hillman upon completion of the improvements. This
30. Prior to issuance of a building permit for lot 50, an easement quitclaim for access to lot
50 from Mimosa Drive must be approved by the City Council.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
of the City of Carlsbad, California, held on the 7th day of November, 1990, by the following vote,
to wit:
AYES: Chairperson Schramm, Commissioners: Holmes, McFadden, Erwin, Marcus and
Hall.
NOES: None.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 3144 -5-