Loading...
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-