HomeMy WebLinkAbout1991-07-17; Planning Commission; Resolution 3277I ’. ll e
1
2
3
4
5
~ PLANNING COMMISSION RESOLUTION NO. 3277
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE
TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF LUCIERNAGA STREET BETWEEN URUBU
STREET AND CEBU PLACE.
CASE NAME: LUCIERNAGA TOWNHOMES
CASE NO: CT 90-28
€j ll WHEREAS, a verified application for certain property to wit:
7 11 La Costa Meadows, Lot 398, Unit 2, Map No. 6906
8
9
has been filed with the City of Carlsbad and referred to the Planning Commission; and
IO
11
WHEREAS, said verified application constitutes a request as provided by Titb
21 of the Carlsbad Municipal Code; and
12 WHEREAS, the Planning Commission did, on the 17th day of July, 1991, holc
13
14
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimonl
15
16
17
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
factors relating to the Tentative Tract Map.
18
19
21
A) That the above recitations are true and correct. 20
as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
B) That based on the evidence presented at the public hearing, the Commission
22 APPROVES of CT 90-28, based on the following findings and subject to the
following conditions:
23
24
25 1. The project is consistent with the City‘s General Plan since the proposed density of
11.5 du’s/acre is within the density range of 8-15 du’s/acre specified for the site as
26 indicated on the Land Use Element of the General Plan, and is at or below the
Findings:
growth control point of 11.5.
27 I1
28
ll 0 e
2.
1
2
3
4
3.
5
6
7
8
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.
The project is consistent with all City public facility policies and ordinances since the Planning Commission has, by inclusion of an appropriate condition to this
project, ensured that the final map will not be approved unless the City Council
finds that sewer service is available to serve the project. In addition, the Planning
building permits may not be issued for the project unless the City Engineer
detemines that sewer service is available, and building cannot occur within thc
project unless sewer service remains available, and the Planning Commission i:
satisfied that the requirements of the Public Facilities Element of the General Pla~
have been met insofar as they apply to sewer service for this project.
Commission has added a condition that a note shall be placed on the final map that
9 4. School fees will be paid to ensure the availability of school facilities in the Sar
10 Marcos School District.
11
6. All necessary public improvements have been provided or will be required a 12
5. Park-in-lieu fees are required as a condition of approval.
13 I/ conditions of approval.
14
15
16
17
7, The applicant has agreed and is required by the inclusion of an appropriatl
condition to pay a public facilities fee. Performance of that contract and paymer
of the fee will enable this body to find that public facilities will be availabl
concurrent with need as required by the General Plan.
8. Assurances have been given that adequate sewer for the project will be provided b
the City of Carlsbad.
18 9. The proposed project is consistent with the City's Planned Development Ordinanc
19 and also complies with the Design Guidelines Manual.
20
21
22
23
24
25
26
27
28
10.
11,
The proposed project is compatible with the surrounding future land uses sin(
surrounding properties are designated for medium to high density residential
development on the General Plan.
This project will not cause any significant environmental impacts and a Negati
Declaration has been issued by the Planning Director on May 2, 1991, a]
APPROVED by the Planning Commission on July 17, 1991. In approving tl
Negative Declaration the Planning Commission has considered the initial study, tl
staff analysis, all required mitigation measures and any written comments receiv
regarding the significant effects this project could have on the environment.
PC RES0 NO. 3277 -2-
e e
1
2
3
4
5
6
~ 12. The applicant is by condition, required to pay any increase in public facility fee, a
new construction tax, or development fees, and has agreed to abide by an
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensur
continued availability of public facilities and will mitigate any cumulative impacl
created by the project.
~
additional requirements established by a Local Facilities Management Plan prepare
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 LOG
Facilities Management Plan for Zone 6.
7 14. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillsid
conditions: 9
treatment of the City's hillside resources. 8
Ordinance) and meets all the requirements of that Chapter to ensure the sensitiv
lo
July 17, 1991, incorporated by reference and on file in the Planning Departmen 11
1. Approval is granted for CT 90-28, as shown on Exhibit(s) "A" - "E", date
Development shall occur substantially as shown unless otherwise noted in thes
12
the Tentative Map as approved by the Planning Commission. The Tentative Ma 14
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy c l3
conditions.
shall reflect the conditions of approval by the City. The Map copy shall E
15 submitted to the City Engineer prior to building, grading or improvement pla
submittal, whichever occurs first. 16
17 3. This project is approved upon the express condition that building permits will nc
be issued for development of the subject property unless the City Engine6
18 determines that sewer facilities are available at the time of application for suc
sewer permits and will continue to be available until time of occupancy. This no1 19 shall be placed on the final map. I 20
21
22
23
24
25
26
27
4. This project is also approved under the express condition that the applicant pay th
public facilities fee adopted by the City Council on July 28, 1987 and as amende
from time to time, and any development fees established by the City Counc
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinanc
adopted to implement a growth management system or facilities and improvemer
plan and to fulfill the subdivider's agreement to pay the public facilities fee date
July 3, 1990, a copy of which is on file with the City Clerk and is incorporated E
this reference. If the fees are not paid this application will not be consistent wit
the General Plan and approval for this project will be void.
PC RES0 NO. 3277 -3-
28
L ll e 0
5.
1
2
4
3
6.
6
5
7
8
7.
8.
9 9.
10
11 lo-
12
13
14
15
16
17
18
19
20
21
11.
12.
13.
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.
The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application.
Water shall be provided by the Vallecitos Water District.
This project shall comply with all conditions and mitigation required by the
Zone 6 Local Facilities Management Plan approved by the City Council or
November 10, 1987, incorporated herein and on file in the Planning Departmenl
and any future amendments to the Plan made prior to the issuance of building
permits.
This project is subject to a Growth Management fee of $310.00 per dwelling uni
as enacted by City Council Resolution No. 88-53 on February 23, 1988.
This project is approved upon the express condition that building permits will no
be issued for development of the subject property unless the water district servin:
the development determines that adequate water and service is available at the timl
of application for water service and will continue to be available until time o
occupancy. A note to this effect shall appear on the final map.
If any condition for construction of any public improvements or facilities, or thl
payment of any fees in lieu thereof, imposed by this approval or imposed by law 01 this project are challenged this approval shall be suspended as provided il
Government Code Section 65913.5. If any such condition is defermined to b
invalid this approval shall be invalid unless the City Council determines that th
project without the condition complies with all requirements of law.
Approval of this request shall not excuse compliance with all sections of the Zonin
Ordinance and all other applicable City ordinances in effect at time of buildin
permit issuance.
Approval of CT 90-28 is granted subject to the approval of HDP 90-41 and CP 90"
22
23
24
25
26
27
28
14. The applicant shall establish a homeowner's association and correspondir
covenants, conditions and restrictions. Said CC&R's shall be submitted to ar
approved by the Planning Director prior to final map approval.
....
PC RES0 NO. 3277 -4-
1 1 It
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 Q
15. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gate
pursuant to City standards. Location of said receptacles shall be approved by th
Planning Director. Enclosure shall be of similar colors and/or materials to th
project to the satisfaction of the Planning Director.
16. All visitor parking spaces shall be striped a different color than the assigned reside1
parking spaces and shall be clearly marked as may be approved by the Plannin
Director.
17. The applicant shall prepare a detailed landscape and irrigation plan which shall E
submitted to and approved by the Planning Director prior to the issuance of gradin
or building permits, whichever occurs first.
18. All landscaped areas shall be maintained in a healthy and thriving condition, frc
from weeds, trash, and debris.
19. All landscape plans shall be prepared to conform with the Landscape Manual an submitted per the landscape plan check procedures on file in the Plannin
Department.
20. Landscape plans shall be designed to minimize water use. Lawn and other zone
plants (see Landscape Manual) shall be limited to areas of special visual importanc
or high use. Mulches shall be used and irrigation equipment and design sha
promote water conservation.
21. The developer shall avoid trees that have invasive root systems, produce excessik
litter and/or are too large relative to the lot size.
22. Prior to final occupancy, a letter from a California licensed landscape architect sha
be submitted to the Planning Director certifying that all landscaping has bee
installed as shown on the approved landscape plans.
23. All herbicides shall be applied by applicators licensed by the State of California.
24. The applicant shall pay a landscape plan check and inspection fee as required k
Section 20.08.050 of the Carlsbad Municipal Code.
25. The first set of landscape and irrigation plans submitted shall include building plan
improvement plans and grading plans.
26. All landscape and irrigation plans shall show existing and proposed contours ar
shall match the grading plans in terms of scale and location of improvements.
...
PC RES0 NO. 3277 -5-
I
~
-.
(I e 0
1
2
3
4
5
6
7
8
9
10
11
12
27. Building identification and/or addresses shall be placed on all new and existb
buildings so as to be plainly visible from the street or access road; color
identification and/or addresses shall contrast to their background color.
28. This project is being approved as a condominium permit for residenc
homeownership purposes. If any of the units in the project are rented, t:
minimum time increment for such rental shall be not less than 26 days. A conditic
so stating this shall be placed in the CC&R's for the project.
29, As part of the plans submitted for building permit plan check, the applicant sh:
include a reduced version of the approving resolution/resolutions on a 24" x 31
blueline drawing. Said blueline drawing(s) shall also include a copy of ar
applicable Coastal Development Permit and signed approved site plan.
Jb~eerinK Conditions:
30. Unless a standard variance has been issued, no variance from City Standards
authorized by virtue of approval of this Tentative Map.
31. The developer shall comply with all the rules, regulations and design requiremen
of the respective sewer and water agencies regarding services to the project.
13
14
32. The developer shall be responsible for coordination with S.D.G.&E., Pacif
33. The developer shall provide an acceptable means for maintaining the easemen 15 within the subdivision and all the private streets, sidewalks, street lights, stor
16 drain facilities and sewer facilities located therein and to distribute the costs of su(
maintenance in an equitable manner among the owners of the units within tl 17 subdivision. Adequate provision for such maintenance shall be included with th
18 CC&R's subject to the approval of the City Engineer.
19 34. Approval of this tentative tract map shall expire twenty-four (24) months from tk
date of Planning Commission approval unless a final map is recorded. An extensic
the discretion of the Planning Commission. In approving an extension, the Plannir
Telephone, and Cable TV authorities.
20 may be requested by the applicant. Said extension shall be approved or denied i
21
22
23
24
25
Commission may impose new conditions and may revise existing conditio]
pursuant to Section 20.12.1 lO(a) (2) Carlsbad Municipal Code.
35. Prior to approval of the final map the developer shall enter into an agreement wit
the City to pay any drainage area fees established as a result of the forthcomin
Master Drainage Plan Update.
26 /I
27
28
PC RES0 NO. 3277 -6-
% I1 a e
1
2
3
4
5
6
7
8
9
10
11
12
13
36. The owner of the subject property shall execute a hold harmless agreeme
regarding drainage across the adjacent property prior to approval of the final m
for this project.
37. No grading permits shall be issued for this subdivision prior to recordation of t:
fiial map.
38. Based upon a review of the proposed grading and the grading quantities shown I
the Tentative Map, a grading permit for this project is required. Prior to issuan
of a building permit for the project, the applicant must submit and receive appro1
for grading plans in accordance with City codes and standards, be issued a gradi
permit and complete the grading work in substantial conformance with t
approved grading plans.
39. The developer shall obtain a grading permit prior to the commencement of a1
clearing or grading of the site.
40. No grading shall occur outside the limits of the subdivision unless a grading or slo]
is unable to obtain the grading or slope easement, he must either amend tl
Tentative Map or change the slope so grading will not occur outside the project si1
in a manner which substantially conforms to the approved Tentative Map ;
determined by the City Engineer and Planning Director.
easement is obtained from the owners of the affected properties. If the develop
q R 11 I4 41. A separate grading plan shall be submitted and approved and a separate gradir
15 permit issued for the borrow or disposal site if located within the city limits.
16
17
18
19
20
!
42. Prior to hauling dirt or construction materials to any proposed construction si
within this project the developer shall submit to and receive approval from the Cit
Engineer for the proposed haul route. The developer shall comply with a
conditions and requirements the City Engineer may impose with regards to th
hauling operation.
43. Rain gutters must be provided to convey roof drainage to the driveway to tk
satisfaction of the City Engineer.
21
22 44. Additional drainage easements and drainage structures shall be provided or installe
prior to the issuance of grading or building permit as may be required by the Cit
23 Engineer.
24
25
26
27
....
PC RES0 NO. 3277 -7-
28
,e I/
1
2
3
4
5
6
7
8
e v
45. The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the Tentative Map. The offer
shall be made by a certificate on the final map for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not required to be rededicated.
46. The structural section of the private driveway shall be designed using a minimum
traffic index of 4.5 in accordance with City standards. The design of the drivewaq
shall be reflected on the grading plan. A normal improvement plan check and
inspection fee shall be paid to the City for the review and inspection of thc
driveway.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pladng
9 Commission of the City of Carlsbad, California, held on the 17th day of July, 1991, by thc
10 following vote, to wit:
11
12
AYES: Chairperson Holmes, Commissioners: Schlehuber, Savary
Erwin, Noble and Hall.
13
14
NOES: None.
ABSENT: Commissioner Schramm.
15
16
17
18
19 I
ABSTAIN: None. . ~ “I6s.-
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
20
21
ATTEST:
22
24
MICHAEL J. HOLZMILLER 23 -
PLANNING DIRECTOR
25
26
PC RES0 NO. 3277 27
28
-8-