HomeMy WebLinkAbout1991-01-02; Planning Commission; Resolution 3181ll e
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PLANNING COMMISSION RESOLUTION NO. 3181
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 12 UNIT
CONDOMINIUM TENTATIVE TRACT MAP ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF PIRINEOS
WAY, ONE LOT EAST OF VIEJO CASTILLA WAY.
CASE NAME: GOLF HEIGHTS
CASE NO.: CT 90-29
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f3 I/ WHEREAS, a verified application for certain property to wit:
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Parcel one of Parcel Map 4548; a Division of Lot 1 Tract No.
74-48, Map No. 7915, County Recorder of San Diego County
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 b:
'I. 11 Title 21 of the Carlsbad Municipal Code; and
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13 I/ WHEREAS, the Planning Commission did, on the 2nd day of January, 1991
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considered all factors relating to the Tentative Tract Map. I"
testimony and arguments, if any, of all persons desiring to be heard, said Commissiol 16
WHEREAS, at said public hearing, upon hearing and considering a1
B) That based on the evidence presented at the public hearing, the Commissio 22
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APPROVES CT 90-29, based on the following findings and subject to the followin 23 conditions:
hold a duly noticed public hearing as prescribed by law to consider said request; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissiol
as follows:
A) That the above recitations are true and correct.
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Findings:
1. The project is consistent with the City's General Plan since the proposed densit
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of 15.66 du's/acre is within the density range of 15-23 du's/acre specified for th
site as indicated on the Land Use Element of the General Plan, and is at or belo7
the growth control point of 19.
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The site is physically suitable for the type and density of the development since thl
site is adequate in size and shape to accommodate residential development at th
density proposed.
The Planning Commission has, by inclusion of an appropriate condition to thi
project, ensured that the final map will not be approved unless the City Counc: finds that sewer service is available to serve the project. In addition, the Plannin
Commission has added a condition that a note shall be placed on the final ma]
that building permits may not be issued for the project unless the City Enginee
determines that sewer service is available, and building cannot occur within th(
project unless sewer service remains available, and the Planning Commission i
satisfied that the requirements of the Public Facilities Element of the General Plal
have been met insofar as they apply to sewer service for this project.
School fees will be paid to ensure the availability of school facilities in the Sal
Marcos School District.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required a:
cond;t;ons of approval.
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 paymenl
of the fee will enable this body to find that public facilities will be availablc
concurrent with need as required by the General Plan.
Assurances have been given that adequate sewer for the project will be providec
by the City of Carlsbad.
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9. The proposed project is consistent with the City's Planned Development Ordinance
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and also complies with the Design Guidelines Manual.
10. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General
21 Plan.
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11. This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on November 1, 1990 and
APPROVED by the Planning Commission on January 2, 1991. In approving this
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.
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12. 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 an:
additional requirements established by a Local Facilities Management Plar
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This wil
ensure continued availability of public facilities and will mitigate any cumulativl
impacts created by the project.
13. This project is consistent with the City's Growth Management Ordinance as it ha:
been conditioned to comply with any requirement approved as part of the Loca:
Facilities Management Plan for Zone 6. i 14. Because the project is a Planned Development and is consistent with the opa
meeting the open space facility performance standard for LFM Zone 6 at buildou
and that development as approved will not preclude the provision of performana
standard open space at buildout of Zone 6.
space requirements of the Planned Development Ordinance it contributes tc
Conditions:
1. Approval is granted for CT 90-29, as shown on Exhibit(s) "A" - "GI, dated October
9, 1990, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
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2. The developer shall provide the City with a reproducible 24" x 36", mylar copy 01
the Tentative Map as approved by the Planning Commission. The Tentative Mar
shall reflect the conditions of approval by the City. The Map copy shall be
submittal, whichever occurs first.
submitted to the City Engineer prior to building, grading or improvement plar
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 the final map shall not
be approved unless the City Council finds as of the time of such approval that
sewer service is available to serve the subdivision.
5. This project is also approved under the express condition that the applicant paj
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 August 22, 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.
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6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of thc
1 final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
2 7. The applicant shall provide school fees to mitigate conditions of overcrowding a!
3 part of building permit application. These fees shall be based on the fee schedulc
in effect at the time of building permit application.
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8. Water shall be provided to this project pursuant to the Water Service agreemenl
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 required by the Zone
6 Local Facilities Management Plan approved by the City Council on September 2:
1987, incorporated herein and on file in the Planning Department and any future
amendments to the Plan made prior to the issuance of building permits.
10. If any condition for construction of any public improvements or facilities, or thc
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. 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 permit issuance.
12. Approval of CT 90-29 is granted subject to the approval of PUD 90-27.
13. The applicant shall establish a homeowner's association and corresponding
covenants, conditions and restrictions. Said CC&R's shall be submitted to and
approved by the Planning Director prior to final map approval.
14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the
project to the satisfaction of the Planning Director,
~ 15. AU roof appurtenances, including air conditioners, shall be architecturally
integrated and concealed from view and the sound buffered from adjacent
80-6, to the satisfaction of the Directors of Planning and Building.
~ properties and streets, in substance as provided in Building Department Policy No.
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16. An exterior lighting plan including parking areas shall be submitted for Planning
Director approval. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
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17. No outdoor storage of material shall occur onsite unless required by the Fire Chief
1 In such instance a storage plan will be submitted for approval by the Fire Chie
and the Planning Director. 2
3 18. The applicant shall prepare a detailed landscape and irrigation plan which shall bl
submitted to and approved by the Planning Director prior to the issuance o
4 grading or building permits, whichever occurs first.
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19. All landscaped areas shall be maintained in a healthy and thriving condition, fret
from weeds, trash, and debris.
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20. Existing onsite trees shall be retained wherever possible and shall be trimmec
and/or topped. Dead, decaying or potentially dangerous trees shall be approve(
for removal at the discretion of the Planning Department during the review of :
Master Plan submitted showing existing onsite trees. Those trees which art
approved for removal shall be replaced on a tree-for-tree basis as required by thc
Planning Department.
21. 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.
l3 11 22. Preliminary landscape plans shall be submitted.
14 23. All landscape plans shall be prepared to conform with the Landscape Manual and
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submitted per the landscape plan check procedures on file in the Planning
Department.
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2% Landscape plans shall be designed to minimize water use, Lawn and other zone
1 plants (see Landscape 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.
25. The developer shall avoid trees that have invasive root systems, produce excessive
litter and/or are too large relative to the lot size.
21 26. Prior to final occupancy, a letter from a California licensed landscape architect
22 shall be submitted to the Planning Director certifying that all landscaping has been
23 It installed as shown on the approved landscape plans.
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27. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
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PC RES0 NO. 3181 -5-
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28. The first set of landscape and irrigation plans submitted shall include buildin
plans, improvement plans and grading plans.
29. All landscape and irrigation plans shall show existing and proposed contours an
shall match the grading plans in terms of scale and location of improvements.
30, The number of trees in a residential project shall be equal to or greater than th
number of residential units.
31. 20% of the trees in multi-family projects of 5 units or more shall be 24" box o
greater.
32. Any signs proposed for this development shall at a minimum be designed i~
conformance with the City's Sign Ordinance and shall require review and approva
of the Planning Director prior to installation of such signs.
33. Building identification and/or addresses shall be placed on all new and existiq
buildings so as to be plainly visible from the street or access road; color 0:
identification and/or addresses shall contrast to their background color.
34. The developer shall display a current Zoning and Land Use Map in the sales officc at all times, or suitable alternative to the satisfaction of the Pladng Director.
35. 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.
36. 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.
37. All units which are setback a minimum of five feet from a private driveway shall
be equipped with an automatic garage door opener.
38. The CC&R'S for Golf Heights shall include a provision whkh proxbits park;lg vehicles in the five foot driveway setback in front of each garage.
39. Prior to the recordation of the first final tract map or the issuance of residential
building permits, whichever is first, the owner of record of the property within the
boundaries of this tentative tract map shall prepare and record a notice that this
property is subject to overflight, sight, and sound of aircraft operating from
McClellan-Palomar Airport in a manner meeting the approval of the Planning
Director and the City Attorney. The applicant shall post aircraft noise notification
PC RES0 NO. 3181 -6-
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signs in all sales and/or rental offices associated with the new development. Tht
number and locations of said signs shall be approved by the Planning Director.
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Engineering Conditions:
40. Unless a standard variance has been issued, no variance from City Standards i!
4 authorized by virtue of approval of this tentative map.
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41. The developer shall comply with all the rules, regulations and design requirement
of the respective sewer and water agencies regarding services to the project.
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The developer shall be responsible for coordination with S.D.G,&E., Pacific
Telephone, and Cable TV authorities.
The developer shall provide an acceptable means for maintaining the easement;
within the subdivision and all the private streets, sidewalks, street lights, stom
drain facilities and sewer facilities located therein and to distribute the costs o
such maintenance in an equitable manner among the owners of the units withir
the subdivision. Adequate provision for such maintenance shall be included witl
the CC&R’s subject to the approval of the City Engineer.
Approval of this tentative tract map shall expire twenty-four (24) months from thc
date of Planning Commission approval unless a final map is recorded. AI
extension may be requested by the applicant. Said extension shall be approved o
denied at the discretion of the Planning Commission. In approving an extension
the Planning Commission may impose new conditions and may revise existinj
conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
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45. Prior to approval of the final map the developer shall enter into an agreement witl
the City to pay any drainage area fees established as a result of the forthcomin:
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46. The owner of the subject property shall execute a hold harmless agreemen
regarding drainage across the adjacent property prior to approval of the final ma:
for this project.
47. The applicant shall agree to utilize reclaimed water, in Type I form, on the subjec
property in all common areas as approved by the City Engineer. Reclaimed wate~
as defined in Section 1305(n) of the California Water Code, means water whicf
as a result of treatment of wastewater, is suitable for a direct beneficial use a
24 11 controlled use that would not otherwise occur.
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48. No grading permits shall be issued for this subdivision prior to recordation of th
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final map.
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49. 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
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.
of a building permit for the project, the applicant must submit and receive
50. The developer shall obtain a grading pennit prior to the commencement of any
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clearing or grading of the site.
51. No grading shall occur outside the limits of the subdivision unless a grading 01
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 projecl
site in a manner which substantially conforms to the approved tentative map a:
determined by the City Engineer and Planning Director.
52. A separate grading plan shall be submitted and approved and a separate gradinr
permit issued for the borrow or disposal site if located withk the city 1idt.s.
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Prior to hauling dirt or construction materials to any proposed construction sit(
within this project the developer shall submit to and receive approval from the Ciq
Engineer for the proposed haul route. The developer shall comply with a1
conditions and requirements the City Engineer may impose with regards to thc
hauling operation.
The developer shall exercise special care during the construction phase of thi,
project to prevent offsite siltation. Planting and erosion control shall be provide(
in accordance with the Carlsbad Municipal Code and the City Engineer. Referencc
Chap 11.06.
Rain gutters must be provided to convey roof drainage to the driveway to thl
satisfaction of the City Engineer.
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56. Additional drainage easements and drainage structures shall be provided o
installed prior to the issuance of grading or building permit as may be required b:
the City Engineer.
57. Prior to approval of any grading or building permits for this project, the owne
shall give written consent to the annexation of the area shown within th
boundaries of the site plan into the existing City of Carlsbad Street Lighting an
Landscaping District No. 1. The form shall be provided by the City during th
improvement plancheck process.
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58. Any damaged curb, gutter and sidewalk along the project frontage shall be
1 removed and replaced to the satisfaction of the City Fagineer prior to occupanq
of any building. 2
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62. AU required fire hydrants, water mains and appurtenances shall be operationa 8
61. An all-weather access road shall serve the project during construction. 7
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60. Applicant shall submit a site plan to the Fire Department for approval, whid 5
59. Additional onsite public hydrants are required.
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Fire Conditions:
depicts location of required, proposed and existing hydrants.
prior to combustible building materials being located on the project site.
63. All private driveways shall be kept clear of parked vehicles at all times, and shal
have posted "NO ParkingPire Lane - pursuant to Section 17.04.020, Carlsbac
11 Municipal Code".
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64. prior to submittal of water improvement plans, the applicant shall s~bmit to tht
criteria:
Fire Department a map showing the street network, confomkllg to the f0flOWh
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- 400' scale
- Photo reduction on mylar
- At least two existing streets and/or intersections shall be referenced 01
the map (not a separate vicinity map) - Maps shall include the following information:
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* Street centerhes
* Street names * Fire hydrant locations
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65. Monument sign shall be installed at the entrance to driveway/private stret indicating addresses of buildings on the site.
23 ll Water Conditions:
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66. The entire potable and non-potable water system/systems for subject project sha
be evaluated in detail to ensure that adequate capacity and pressure for domestil
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67. The developer’s engineer shall schedule a meeting with the District Engineer a1
the City Fire Marshal and review the preliminary water system layout prior
preparation of the water system improvement plans.
68. The developer will be responsible for all fees and deposits plus the major facili
charge which will be collected at time of issuance of building permit.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannil
Commission of the City of Carlsbad, California, held on the 2nd day of January, 1991,l
the following vote, to wit:
AYES: Chairperson Holmes, Co&ssioners: Schlehuber, Schrarm
McFadden, Erwin, Marcus and Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
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