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HomeMy WebLinkAbout1991-09-18; Planning Commission; Resolution 3291-. *. 0 e PLANNING COMMISSION RESOLUTION NO. 3291 1 2 3 4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 12 UNIT CONDOMINIUM TOWNHOME DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET EAST OF JEREZ COURT. CASE NAME: GIBRALTAR GREENS CASE NO: CT 90-39 5 II WHEREAS, a verified application for certain property to wit: 6 7 8 9 10 11 12 Parcel 1 : the real property in the City of Carlsbad, County of San Diego, State of California, being a portion of the North Half of the Southeast one- quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to Official Plat thereof; Parcel 2: Lots 376 and 377 of La Costa South Unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6600, filed in the Office of the County Recorder of San Diego County, May 10, 1970, 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 o ~ I 13 14 the Carlsbad Municipal Code; and 17 16 a duly noticed public hearing as prescribed by law to consider said request; and I.5 WHEREAS, the Planning Commission did, on the 18th day of September, 1991, holc WHEREAS, at said public hearing, upon hearing and considering all testimony anc arguments, if any, of all persons desiring to be heard, said Commission considered al factors relating to the Tentative Tract Map and Planned Unit Development. 18 19 I 20 '' follows: 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission a: A) That the above recitations are true and correct. 23 B) That based on the evidence presented at the public hearing, the Commissio~ 24 APPROVES CT 90-39, based on the following findings and subject to the following 25 conditions: 26 27 28 0 0 Findings: 1 2 3 4 5 6 7 a 9 1. The project is consistent with the City's General Plan since the proposed density of 16.9 du's/acre is within the density range of 15-23 du's/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 19. 2. 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. I 3. 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. 10 4. The Encinitas and San Dieguito Union High School Districts have written a letter, dated November 9, 1990 and November 30, 1990, stating that school facilities will 11 be available to this project. 12 13 14 16 7. The applicant has agreed and is required by the inclusion of an appropriate I.5 conditions of approval. condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available 5. Park-in-lieu fees are required as a condition of approval. 6. All necessary public improvements have been provided or will be required as 17 8. The proposed project is consistent with the City's Planned Development Ordinance 18 concurrent with need as required by the General Plan. 19 20 9. The proposed project is compatible with the surrounding future land uses sincc General Plan. 21 surrounding properties are designated for residential high development on thc and also complies with the Design Guidelines Manual. 2211 -... 23 24 .-.- .... 25 26 PC RES0 NO. 3291 -2 - 27 28 :I1 0 0 1 2 3 4 5 6 7 10. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 23, 1991, and approved by the Planning Commission on September 18, 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. 11. The applicant is by condition, required to pay any increase in public facility fee, 01 new construction tax, or development fees, and has agreed to abide by an) additional requirements established by a Local Facilities Management Plan prepared continued availability of public facilities and will mitigate any cumulative impact5 created by the project. pursuant to Chapter 2130 of the Carlsbad Municipal Code, This will ensurf 8 9 12. 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. 10 12 1. Approval is granted for CT 90-39, as shown on Exhibits "A" - 'T', datec 11 Plannin~ Conditions: September 18, 1991, incorporated by reference and on file in the Planninj Department. Development shall occur substantially as shown unless othenvist 13 noted in these conditions. 14 15 16 17 18 19 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy 0: the Site Plan as approved by the Planning Commission. The Site Plan shall reflec the conditions of approval by the City. The Site Plan copy shall be submitted to thc City Engineer prior to building, grading or improvement plan submittal, whicheve] occurs first. 3. A 500' scale map of the subdivision shall be submitted to the Planning Director prio: to the recordation of the final map. Said map shall show all lots and streets withir and adjacent to the project. 20 21 4- This project is approved upon the express condition that building permits will no determines that sewer facilities are available at the time of application for sucl be issued for development of the subject property unless the City Enginee sewer permits and will continue to be available until time of occupancy. 22 23 *'" 24 .... 25 26 27 PC RES0 NO. 3291 -3- 28 II 0 0 1 2 3 4 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 ordinancf adopted to implement a growth management system or facilities and improvemenl plan and to fulfill the subdivider's agreement to pay the public facilities fee dated December 12, 1990, copies of which are on file with the City Clerk and arc 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. 5 6 8 7. The applicant shall provide school fees to mitigate conditions of overcrowding a! 7 final map as required by Chapter 20.44 of the Carlsbad Municipal Code. part of building permit application. These fees shall be based on the fee schedulc in effect at the time of building permit application. 9 6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of thc 8. This project is approved upon the express condition that building permits will no the development determines that adequate water and service is available at the timc of application for water service and will continue to be available until time 0. occupancy. 10 11 be issued for development of the subject property unless the Water District servinj 12 13 14 15 16 9. This project shall comply with all conditions and mitigation required by the Zonc 6 Local Facilities Management Plan approved by the City Council on November 10 1987, and is subject to a growth management fee of $310 per dwelling unit a! enacted by City Council Resolution No. 88-53 on February 23, 1988, incorporate( herein and on file in the Planning Department and any future amendments to thc Plan made prior to the issuance of building permits. 17 10. If any condition for construction of any public improvements or facilities, or thc this project are challenged this approval shall be suspended as provided ir 18 payment of any fees in lieu thereof, imposed by this approval or imposed by law 01 19 Government Code Section 65913.5. If any such condition is determined to b( invalid this approval shall be invalid unless the City Council determines that th 20 project wlthout the condltlon complles 4th all requlrements of law. 21 22 11. Approval of this request shall not excuse compliance with all sections of the Zoniq Ordinance and all other applicable City ordinances in effect at time of buildin, permit issuance. 23 24 project within 24 months from the date of project approval. 25 26 PC RES0 NO. 3291 -4- 27 12. This approval shall become null and void if building permits are not issued for thi 20 II a 0 II 13. Approval of CT 90-39 is granted subject to the approval of CP 90-12. 1 2 3 4 5 6 7 8 9 10 11 14. The applicant shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: "Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is OS/RH. The Growth Control Point for this designation is 19 dwelling units per nonconstrained acre. The .71 acre portion of the lot was used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels may not include the open space (OS) portion of the lot under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code." 15. 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. 12 16. 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 13 Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. No structure is required if 14 individual curbside pickup is provided as detemined by Coast Waste Management. l5 17. All roof appurtenances, including air conditioners, shall be architecturally integrated 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 17 satisfaction of the Directors of Planning and Building. 18 19 20 21 22 18. The applicant shall prepare a detailed landscape and irrigation plan which shall bc submitted to and approved by the Planning Director prior to the issuance of gradin2 or building permits, whichever occurs first. 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 Plannin2 Department. 23 24 20. The applicant shall pay a landscape plan check and inspection fee as required b Section 20.08.050 of the Carlsbad Municipal Code. 25 /I 26 /I PC RES0 NO. 3291 -5- 27 11 28 I1 0 e 21. AI1 landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 1 22. The developer shall install street trees at the equivalent of 40-foot intervals along 2 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. 3 4 5 25. Any signs proposed for this development shall at a minimum be designed in 6 24. Twenty (20%) percent of the trees shall be 24" box or greater. 7 conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 23. Twelve or more trees shall be planted throughout the project site. 8 9 10 11 26. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 27. 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. I.2 11 28. All sales maps that are distributed or made available to the public shall include but 13 not be limi&d to trails, future and existing schools, parks, and streets. 14 15 29. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, thc 16 minimum time increment for such rental shall be not less than 26 days. A conditio1 so stating this shall be placed in the CC&R's for the project. 17' 30. As part of the plans submitted for building permit plan check, the applicant shal include a reduced version of the approving resolutiordresolutions on a 24" x 36' 18 blueline drawing. Said blueline drawing(s) shall also include a copy of an! 19 applicable Coastal Development Permit and signed approved site plan. 20 indicates the presence of potential fossil bearing material then a standard tw~ 21 31. Prior to issuance of a grading or building permit, whichever comes first, a soil report shall be prepared and submitted to the City of Carlsbad. If the soils repor phased program, on file in the Planning Department, shall be undertaken to avoic possible significant impacts on paleontological resources under the direction of th 22 23 Planning Department. 24 25 .... 26 27 PC RES0 NO. 3291 -6- 28 It I1 e e Enfieerin~ Conditions: 32. Unless a standard variance has been issued, no variance from City Standards i 1 2 authorized by virtue of approval of this tentative map. 33. The developer shall comply with all the rules, regulations and design requirement 3 Telephone, and Cable TV authorities. 5 of the respective sewer and water agencies regarding services to the project. 4 34. The developer shall be responsible for coordination with S.D.G.&E., Pacifi 6 7 8 9 10 I1 12 13 35. The developer shall provide an acceptable means for maintaining the easement within the subdivision and all the private streets, sidewalks, street lights, storr maintenance in an equitable manner among the owners of the units within th subdivision. Adequate provision for such maintenance shall be included with th CC&R’s subject to the approval of the City Engineer. drain facilities and sewer facilities located therein and to distribute the costs of suc I 36. Approval of this tentative tract map shall expire twenty-four (24) months from th date of Planning Commission approval unless a final map is recorded. An extensio may be requested by the applicant. Said extension shall be approved or denied s the discretion of the Planning Commission. In approving an extension, the Plannin commission may impose new conditions and may revise existing conditions pursuar to Section 20.12.1 10(a) (2) Carlsbad Municipal Code. 14 15 37. Pursuant to the provisions of Section 20.20.050 of the Carlsbad Municipal Code, parcel map may be filed in lieu of a final map. Whenever reference is made in thes thereof. 16 conditions to a final map, the reference shall apply also to a parcel map filed in lie 17 18 19 20 21 22 38. 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. 39. 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 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. 23 40. 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 24 25 Engineer. PC RES0 NO. 3291 -7- 26 27 28 .I II 0 0 41. 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 District No. 1. The form shall be provided by the City during the improvement 1 the site plan into the existing City of Carlsbad Street Lighting and Landscaping 2 plancheck process. 3 4 42. Prior to approval of the final map the developer shall provide proof of permission to use the 10 foot wide Leucadia County Water District easement parallel to the southeasterly subdivision boundary, for the construction of facilities shown on the 5 tentative map. 6 7 43. Prior to approval of final map the developer shall obtain a quitclaim of a portion of the 12 foot wide drainage easement recorded November 18,1969, as shown on the 8 tentative map. 44. The 30 foot wide private street shown on the tentative map shall be dedicated as 9 a general utility and access easement on the final map. 10 11 12 13 14 15 16 17 18 19 20 Fire Conditions: 45. An all-weather access road shall serve the project during construction. 46. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane" pursuant to Section 17.04.020, Carlsbad Municipal Code. Water Conditions: 47. The entire potable and non-potable water systemhystems for subject project shal be evaluated in detail to ensure that adequate capacity and pressure for domestic landscaping and fire flow demands are met. 48. The developer's engineer shall schedule a meeting with the District Engineer and thc City Fire Marshal and review the preliminary water system layout prior tr preparation of the water system improvement plans. 21 22 49. The developer will be responsible for all fees and deposits plus the major facilit charge which will be collected at time of issuance of building permit. 23 *.- 24 ... 25 26 27 PC 28 RES0 NO. 3291 -8- , ,... ll 0 0 II PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin 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 Commission of the City of Carlsbad, California, held on the 18th day of September, 1991 by the following vote, to wit: AYES: Chairperson Holmes, Commissioners Schlehuber, Schrm Savary, Erwin, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. .#“?“w.r p’ “., CARLSBAD PLANNING COMMISSION ATTEST: 4 PLANNING DIRECTOR I PC RES0 NO. 3291 -9- :