HomeMy WebLinkAbout1990-12-05; Planning Commission; Resolution 3165w 9
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PLANNING COMMISSION RESOLUTION NO. 3165
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 6 UNIT
CONDOMINIUM TENTATIVE TRACT MAP ON PROPERTY
LOCATED AT 345 CHESTNUT AVENUE.
CASE NAME: YAZDI CONDOS
CASE NO.: CT 90-01
WHEREAS, a verified application for certain property to wit:
Northwest 188.5 feet of Lot 23, Block P of
Palisades, City of Carlsbad, County of San Diego I
~ according to map 1747.
9 has been filed with the City of Carlsbad and referred to the Planning Commission; and
10 WHEREAS, said verified application constitutes a request as provided by Title
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21 of the Carlsbad Municipal Code; and
13 // WHEREAS, the Planning Commission did, on the 5th day of December, 1990,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
and arguments, if any, of all persons desiring to be heard, said Commission considered all 16
WHEREAS, at said public hearing, upon hearing and considering all testimony
l7 11 factors relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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21 A) That the above recitations are true and correct.
as follows:
22 B) That based on the evidence presented at the public hearing, the Commission hereby
following conditions: 23 APPROVES of CT 90-1, based on the following findings and subject to the
24 11 Findings:
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26 incorporated by reference herein.
1. AU findings of Planning Commission Resolution Nos. 3163, 3164, and 3166 are
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2. The project is consistent with the City's General Plan since low rise condominiums
are being proposed and the density of 11.7 du/acre is below the density range of
15-23 ddacre specified for the site as indicated on the Land Use Hement of the
General Plan, and is below the growth control point of 19 du/acre.
3. The site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed.
4. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
5. School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified School District.
6. Park-in-lieu fees are required as a condition of approval.
7. All necessary public improvements have been provided or will be required as
conditions of approval.
8. The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
concurrent with need as required by the General Plan.
of the fee will enable this body to find that public facilities will be available
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~ 9. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for high residential development on the
General Plan.
10. This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on June 28, 1990
and Approved by the Planning Commission on December 5,1990. In approving this
Mitigated Negative Declaration the Planning Commission has considered the initial
study, the staff analysis, all required mitigation measures and any written comments
received regarding the significant effects this project could have on the environment.
1 11. The applicant is by condition, required to pay any increase in public facility fee, or
~ new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure ~
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continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
12. This project is consistent with the City's Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
Conditions:
1. Approval is granted for CT 90-1, as shown on Exhibit(s) "A" - "G", dated October 4,
1990, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of
the Tentative Map as approved by the Planning Commission. The Tentative Map
shall reflect the conditions of approval by the City. The map copy shall be
submitted to the City Engineer prior to issuance of building permits or improvement
plan submittal, whichever occurs first.
3. A 500' scale map of the subdivision shall be submitted to the Planning Director prior
to the recordation of the final map. Said map shall show all lots and streets within
and adjacent to the project.
4. 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. This note
shall be placed on the final map.
5. 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
January 16, 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 I
6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
7. The applicant shall provide school fees to mitigate conditions of overcrowding as
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part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application.
8. Water shall be provided to this project pursuant to the Water Service agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
25, 1983.
9. This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 1 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
~ 10, If any condition for construction of any public improvements or facilities, or the
payment of any fees in lieu thereof, imposed by this approval or imposed by law on
this project are challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be
invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
11 11. Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building
12 permit issuance.
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12. Approval of CT 90-1 is granted subject to the approval of SDP 90-2 and PUD 90-1.
13. All roof appurtenances, including air conditioners, shall be architecturally integrated
15 and concealed from view and the sound buffered from adjacent properties and
streets, in substance as provided in Building Department Policy No. 80-6, to the 16 satisfaction of the Directors of Planning and Building.
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14. All visitor parking spaces shall be striped a different color than the assigned resident
parking spaces and shall be clearly marked as may be approved by the Planning
Director.
15. The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading
or building permits, whichever occurs first.
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16. All landscaped areas shall be maintained in a healthy and thriving condition, free
24 17. Existing onsite trees shall be retained wherever possible and shall be trimmed
and/or topped. Dead, decaying or potentially dangerous trees shall be approved for
25 removal at the discretion of the Planning Department during the review of a Master
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from weeds, trash, and debris.
Plan submitted showing existing onsite trees, Those trees which are approved for
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removal shall be replaced on a tree-for-tree basis as required by the Planning
Department.
18. The developer shall install street trees at the equivalent of 40-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The
trees shall be of a variety selected from the approved Street Tree List.
19. 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.
20. 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.
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21. The developer shall avoid trees that have invasive root systems, produce excessive
litter and/or are too large relative to the lot size.
11 22. Prior to final occupancy, a letter from a California licensed landscape architect shall
12 be submitted to the Planning Director certifying that all landscaping has been
13 /I installed as shown on the approved landscape plans. ~~
14 23. All herbicides shall be applied by applicators licensed by the State of California.
15 24. The applicant shall pay a landscape plan check and inspection fee as required by
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Section 20.08.050 of the Carlsbad Municipal Code.
25. The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
18 11 26. AI1 landscape and irrigation plans shall show existing and proposed contours and
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box specimen. Each case shall be reviewed by the Planning Director. 21
I shall match the gradkg pl& in terms of scale and location of improvements.
2o 27. Mature trees which are removed shall be replaced one to one with minimum 36"
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29. The number of trees in a residential project shall be equal to or greater than the 23
28. The minimum shrub size shall be 5 gallons.
24 Il number of residential units.
25 I/ 30. 20% of the trees in multi-family projects of 5 units or more shall be 24" box or
26 I/ greater.
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31. Any signs proposed for this development shall at a minimum be designed in
1 conformance with the City's Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs. 2
3 32. Building identification and/or addresses shall be placed on all new and existing
buildings sa as to be plainly visible from the street or access road; color of
4 identification and/or addresses shall contrast to their background color.
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33. The developer shall display a current Zoning and Land Use Map in the sales office
at all times, or suitable alternative to the satisfaction of the Planning Director.
7 34.
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All sales maps that are distributed or made available to the public shall include but
not be limited to trails, future and existing schools, parks, and streets.
This project is being approved as a condominium permit for residential
homeownership purposes. If any of the units in the project are rented, the
minimum time increment for such rental shall be not less than 26 days. A condition
so stating this shall be placed in the CC&R's for the project.
As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/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.
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37. Prior to recordation of the Final Map or issuance of any permits for this project, the
applicant shall receive a Coastal Development Pennit from the Coastal Commission
that approves development that is in substantial conformance with the City
approval. A copy of the signed, approved Coastal Development Permit shall be
submitted to the Planning Department.
38. All conditions stated in Resolutions 3163, 3164, and 3166 for the Mitigated
Negative Declaration, SDP 90-2 and PUD 90-1 are incorporated by reference herein.
39. Prior to issuance of a building permit the Building Director shall review the
architectural plans to ensure compliance with the State of California Interior Noise
Standard of 45 &(A) CNEL. At that time, any additional measures (thicker glazing,
sound absorption material, or shielding of vents) to further attenuate the noise to
an acceptable level shall be requt-ed- Interlor no& levels shall be Adgated to 45
&(A) CNEL when openings to the exterior of the dwelling units are closed. If
openings are provided and that portion of the structure is impacted by excessive
noise then mechanical ventilation shall be provided.
25 40. The project's CC&R's should have wording requiring that all garages in the project
26 shall have an automatic garage door opener, no parking is allowed in the five foot
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driveway setback in front of each garage, and all individual trash containers must
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41. The entire potable and non-potable water systerdsystems for subject project shall 2
be stored inside the garage.
be evaluated in detail to ensure that adequate capacity and pressure for domestic,
landscaping and fire flow demands are met.
4 42. The developer's engineer shall schedule a meeting with the District Engineer and the
5 City Fire Marshal and review the preliminary water system layout prior to
preparation of the water system improvement plans. 6
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43. The developer will be responsible for all fees and deposits plus the major facility
charge which will be collected at time of issuance of building permit.
44. The project is specifically not approved for a gate across the driveway entry. Such 9 a proposal would require an amendment to PUD 90-1 and SDP 90-2.
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Engineering Conditions:
45. Unless a standard variance has been issued, no variance from City Standards is
12 authorized by virtue of approval of this tentative map.
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46. The developer shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
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47. The developer shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
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18 49. The developer shall provide an acceptable means for maintaining d the private
streets, sidewalks, street lights, storm drain facilities and sewer facilities located
equitable manner among the owners of the units within the subdivision Adequate
approval of the City bgineer.
48. This project is approved specifically as 1 (single) phase.
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provision for such maintenance shall be included with the CC&R's subject to the 20
within the subdivision and to distribute the costs of such maintenance in an
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22 50. Approval of this tentative tract map shall expire twenty-four (24) months from the
date of Planning Commission approval unless a final map is recorded. An extension 23 may be requested by the applicant. Said extension shall be approved or denied at
24 the discretion of the Planning Commission. In approving an extension, the Planning
Commission may impose new conditions and may revise existing conditions
25 pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
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51. The developer shall pay the current local drainage area fee prior to approval of the
Master Drainage Plan and City of Carlsbad Standards as required by the City 1
Engineer. 2
final map for this project or shall construct drainage systems in conformance with
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52. Prior to approval of the final map the developer shall enter into an agreement with
the City to pay any drainage area fees established as a result of the forthcoming
Master Drainage Plan Update.
53. The owner of the subject property shall execute a hold harmless agreement to the
City regarding drainage across the adjacent property prior to approval of for this
project.
8 54. The developer shall enter into an agreement to pay proportional fees for the future
undergrounding of all existing overhead utility lines along the boundary of the 9 subdivision prior to final map approval.
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55. No grading permits shall be issued for this subdivision prior to recordation of the
final map.
56. Based upon a review of the proposed grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. Prior to issuance
of a building permit for the project, the applicant must submit and receive approval
for grading plans in accordance with City codes and standards, be issued a grading
permit and complete the grading work in substantial conformance with the
approved grading plans.
57. The developer shall obtain a grading permit prior to the commencement of any
clearkg or gradkg of the site.
58. No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the developer
is unable to obtain the grading or slope easement, he must either amend the
tentative map or change the slope so grading will not occur outside the project site
in a manner which substantially conforms to the approved tentative map as
determined by the City Engineer and Planning Director.
59. 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.
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60. 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.
61. Rain gutters must be provided to convey roof drainage to landscaped areas that
drain to the street to the satisfaction of the City Engineer.
62. 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.
63. Prior to approval of any grading or building permits for this project, the owner shall
give written consent to the annexation of the area shown within the boundaries of
the site plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1. The form shall be provided by the City during the improvement
plancheck process.
64. Plans, specifications, and supporting documents for all improvements shall be
prepared to the satisfaction of the City Engineer. Prior to approval of the final map
in accordance, with City Standards the Developer shall install, or agree to install
and secure with appropriate security as provided by law, improvements shown on
the tentative map and the following improvements:
A. Half street width public improvements along the project frontage on Chestnut
Avenue with appropriate transition sections offsite. Street width shall be a
local street standard width of 40 feet between curbs. Improvements shall
include but not be limited to; pavement, base, curb, gutter, sidewalk,
relocating utilities and a storm drain system. Any connection to the existing
substandard drainage pipe shall be by way of a standard cleanout structure.
All improvements shall be designed to City Standards and best management
practice and must be approved by the City Engineer prior to final map.
Improvements listed shall be constructed within 18 months of Final Map
approval or prior to the first certificate of occupancy whichever occurs kt.
B. In lieu of installing or agreeing to install the public improvements listed in
A above, the developer shall post a cash bond. The amount of the bond shall
be equal to the City Engineer's estimate of the cost of the improvements. The estimate shall exclude the transition sections and shall limit the length
of the storm drainage system to the project frontage. The estimate shall
include the future undergrounding of utilities. The bond shall be posted prior
to approval of the final map.
65. The proposed 30' private driveway shall be dedicated free and clear of all liens and
encumbrances as a public utility and access easement by certificate on the Final
Map.
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Fire Conditions:
1 66. Prior to the issuance of building permits, complete building plans shall be submitted
2 to and approved by the Fire Department.
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67. An all weather access road shall be maintained throughout construction.
68. All private driveways shall be kept clear of parked vehicles at all time, and shall
5 have posted "NO Parking/Fire Lane - Tow Away Zone" pursuant to Section
17.04.040, Carlsbad Municipal Code. 6
7 69. Fire retardant roofs shall be required on all structures.
8 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
9 Commission of the City of Carlsbad, California, held on the 5th day of December, 1990,
10 by the following vote, to wit:
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AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes,
McFadden, Marcus & Hall.
I.3 !I NOES: Commissioner Erwin.
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ABSENT: None.
ABSTAIN: None.
SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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