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HomeMy WebLinkAbout1991-10-16; Planning Commission; Resolution 3300x b 1 2 3 4 5 6 7 8 * e PLANNING COMMISSION RESOLUTION NO. 3300 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CARLSBAD TRACT MAP FOR 8 RESIDENTIAL CONDOMINIUM UNITS ON PROPERTY LOCATED AT 902 LAGUNA DRIVE. CASE NAME: LAGUNA VILLAGE CASE NO: CT 91-01 WHEREAS, a verified application for certain property to wit: Lots 1-6 inclusive in Block 8 of Sunny Slope in the City of Carlsbad, County of San Diego according to Map 486, filed February 2, 1888. I 9 has been filed with the City of Carlsbad and referred to the Planning Commission; and LO WHEREAS, said verified application constitutes a request as provided by Title 21 o 'I 11 the Carlsbad Municipal Code; and 12 II 13 I1 WHEREAS, the Planning Commission did, on the 16th day of October, 1991, holc 14 I1 a duly noticed public hearing as prescribed by law to consider said request; and 15 arguments, if any, of all persons desiring to be heard, said Commission considered al 16 WHEREAS, at said public hearing, upon hearing and considering all testimony anc factors relating to the Site Development Plan, Carlsbad Tract Map and Condominim l7 l8 jl Permit. 19 I 2o I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as 21 I1 follows: 22 24 B) That based on the evidence presented at the public hearing, the Commission herebj 23 A) That the above recitations are true and correct. APPROVES of CT 91-01, based on the following findings and subject to the following conditions: 25 26 .... 27 .... 28 .. Ii 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 FindillES: 1. AU findings of Planning commission Resolution Nos. 3301, and 3302, a incorporated by reference herein 2. The project is consistent with the City's General Plan since low rise condominiw are being proposed and the project's density of 8.5 dus/acre is below the densj range of 8-15 dus/acre specified for the site as indicated on the Land Use FJeme of the General Plan (RMH), and is below the growth control point of 11.5 dus/au 3. The site is physically suitable for the type and density of the development since t site is adequate in size and shape to accommodate residential development at t density proposed. 4. The Planning Commission has, by inclusion of an appropriate condition to tl project, ensured building permits will not be issued for the project unless the C: Engineer determines that sewer service is available, and building cannot occ within the project unless sewer service remains available, and the Planni Commission is satisfied that the requirements of the Public Facilities Element oft General Plan have been met insofar as they apply to sewer service for this proje 5. School fees will be paid to ensure the availability of school facilities in the Carlsb 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 conditions of approval. 8. The applicant has agreed and is required by the inclusion of an appropri; condition to pay a public facilities fee. Performance of that contract and paymr of the fee will enable this body to find that public facilities will be availal concurrent with need as required by the General Plan. 9. The proposed project is compatible with the surrounding future land uses sir surrounding properties are designated for medium high and medium low den5 residential development on the General Plan. .. . 23 24 25 26 27 28 I 10. This project will not cause any significant environmental impacts and a Negat Approved by the Planning Commission on October 16, 1991. In approving t Negative Declaration the Planning Commission has considered the initial study, staff analysis, and any written comments received regarding the significant effc this project could have on the environment. Declaration has been issued by the Planning Director on August 1, 1991 2 PC RES0 NO. 3300 -2- II 0 0 1 2 3 4 5 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 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. ~ 6 8 1. Approval is granted for CT 91-01, as shown on Exhibit(s) "A" - "IC', dated 7 Conditions: October 16, 1991, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise 9 noted in these conditions. 10 2. 11 12 13 14 15 16 17 18 3. 4. 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 submitted to and approved by the the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first. 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. This project is approved upon the express condition that building permits will no1 be issued for development of the subject property unless the City Engineel determines that sewer facilities are available at the time of application for sucl sewer permits and will continue to be available until time of occupancy. This not€ shall be placed on the final map. shall reflect the conditions of approval by the City. The map copy shall be 19 20 21 22 23 24 5. This project is also approved under the express condition that the applicant pay tht public facilities fee adopted by the City Council on July 28, 1987 and as amendec from time to time, and any development fees established by the City Counci pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinancc adopted to implement a growth management system or facilities and improvemen plan and to fulfill the subdivider's agreement to pay the public facilities fee date( February 14, 1991, a copy of which is on file with the City Clerk and i incorporated by this reference. If the fees are not paid this application will not bc consistent with the General Plan and approval for this project will be void. 25 28 27 PC RES0 NO. 3300 -3- 26 , /I I/ 0 0 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The applicant shed pay park-in-lieu fees to the City, prior to the approval of th 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 : part of building permit application. These fees shall be based on the fee schedu in effect at the time of building permit application. 8. Water shall be provided to this project pursuant to the Water Service agreeme] between the City of Carlsbad and the Carlsbad Municipal Water District, dated Mz 25, 1983. 9. This project shall comply with all conditions and mitigation measures which ml be required as part of the Zone 1 Local Facilities Management Plan and ar 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 tl payment of any fees in lieu thereof, imposed by this approval or imposed by law c this project are challenged this approval shall be suspended as provided i Government Code Section 65913.5. If any such condition is determined to 1 invalid this approval shall be invalid unless the City Council determines that t€ project without the condition complies with all requirements of law. 11. Approval of this request shall not excuse compliance with all sections of the Zoni~ Ordinance and all other applicable City ordinances in effect at time of buildiI permit issuance. 12. Approval of CT 91-01 is granted subject to the approval of SDP 91-02 a1 CP 91-02. 13. All roof appurtenances, includhg air condXoners, shall be arcGtecturall;y htegrat, and concealed from view and the sound buffered from adjacent properties a streets, in substance as provided in Building Department Policy No. 80-6, to t satisfaction of the Directors of Planning and Building. 14. AI1 visitor parking spaces shall be striped a different color than the assigned reside parking spaces and shall be clearly marked as may be approved by the Planni Director. 15. The applicant shall prepare a detailed landscape and irrigation plan which shall submitted to and approved by the Planning Director prior to the issuance of gradi or building permits, whichever occurs first. 16. All landscaped areas shall be maintained in a healthy and thriving condition, fi from weeds, trash, and debris. PC RES0 NO. 3300 -4- 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 0 17. Existing onsite trees shall be retained wherever possible and shall be trimme and/or topped. Dead, decaying or potentially dangerous trees shall be approved fc removal at the discretion of the Planning Department during the review of a Mastc Plan submitted showing existing onsite trees. Those trees which are approved fc removal shall be replaced on a tree-for-tree basis as required by the Plannir Department. 18. The developer shall install street trees at the equivalent of 40-foot intervals alor all public street frontages in conformance with City of Carlsbad standards. TI 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 Guidelin Manual and submitted per the landscape plan check procedures on file in tl Planning Department. 20. Landscape plans shall be designed to minimize water use. Lawn and other zone plants (see Landscape Guidelines Manual) shall be limited to areas of special visu importance or high use. Mulches shall be used and irrigation equipment and desij shall promote water conservation. 21. The developer shall avoid trees that have invasive root systems, produce excessi litter and/or are too large relative to the lot size. 22. Prior to final occupancy, a letter from a California licensed landscape architect sh be submitted to the Planning Director certifying that all landscaping has be, 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 ' Section 20.08.050 of the Carlsbad Municipal Code. 25. The first set of landscape and irrigation plans submitted shall include building p1a1 improvement plans and grading plans. 26. All landscape and irrigation plans shall show existing and proposed contours a shall match the grading plans in terms of scale and location of improvements. 27. Mature trees which are removed shall be replaced one to one with minimum 3 box specLnen. Each case shall be reviewed by the Pladng Director. 28. The minimum shrub size shall be 5 gallons. ... PC RES0 NO. 3300 -5- II 0 0 1 2 3 4 5 6 7 8 9 10 29. The number of trees in a residential project shall be equal to or greater than the number of residential units. 30, 20% of the trees in multi-family projects of 5 units or more shall be 24" box or greater. 31. Any signs proposed for this development shall at a minimum be designed in conformance with the approved uniform sign program for this development as show on approved Exhibit "C", and shall require review and approval of the Planning Director prior to installation of such signs. 32. 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. 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. 11 34. 12 13 14 15 16 17 18 19 35. 36. 37. 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. All conditions stated in Resolutions 3301, and 3302 for SDP 91-02 and CP 91-02 are incorporated by reference herein. 20 21 22 23 24 25 26 27 38. The project's CC&R's shall have wording stating that; (1) all individual trash containers must be stored inside the garage; (2) patio covers and accessoq structures located less than 10 feet from the main dwellings must observe all thc required front, side and rear yard setbacks for the main lots; (3) the lot's required front yard setback shall be 20 feet, the side yard setback shall be 10 feet, and the rear yard setback shall be 20 feet; and no building permits for room additions: enclosed structures, jacuzzis, spas or solariums shall be issued without the approvzi of an amendment to Condominium Pennit No. 91-02. ... 1 PC RES0 NO. 3300 -6- 28 4 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 39. 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. 40. Prior to recordation of the final map or issuance of building permits, whichever is first, the owner shall prepare and record a notice that this property may be subject to impacts from Interstate 5. The notice shall be prepared in a manner meeting the approval of the Planning Director and City Attorney (see Noise, Form #1 on file in the Planning Department). Eneeering: 41. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 42. The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the private streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision. Adequate provision for such maintenance shall be included with the CC&R7s subject to the approval of the City Engineer. 43. 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 may be requested by the applicant. Said extension shall be approved or denied a1 the discretion of the Planning Commission. In approving an extension, the Planning Commission may impose new conditions and may revise existing conditiom pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. ~ 44. 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. 45. The owner of the subject property shall execute a Hold Harmless Agreemeni regarding drainage across the adjacent property prior to approval of the final may for this project. ~ 22 46. The developer shall enter into an agreement to pay proportional fees for the futurf 23 undergrounding of all existing overhead utility lines along the boundary of thc Engineer for the proposed haul route. The developer shall comply with al whhh th;s project the developer shall sub& to and receive approval from the Chq 25 47. Prior to hauling dirt or construction materials to any proposed construction sitf 24 subdivision prior to final map approval. 26 27 28 PC RES0 NO. 3300 -7- a II 0 0 1 conditions and requirements the City Engineer may impose with regards to the hauling operation. 2 3 48. 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 4 Engineer. 49. Four feet shall be dedicated by the developer along the project frontage based on 5 a center line to right-of-way width of 30 feet and in conformance with City of Carlsbad Standards prior to approval of final map. All land so offered shall be 6 7 granted to the City free and clear of all liens and encumbrances and without cost to the City. 8 50. 9 10 11 12 13 14 15 16 17 18 19 51. 52. 53. I 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. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value the standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. This project is proposed on a site that has historically provided a drainage path foI relief of excessive ponding in areas lying north of the site. Therefore prior to approval of the final map the developer shall provide for the continuation of the historical drainage path to the satisfaction of the City Engineer. The 30 foot wide access easement shown on the tentative map shall be dedicated as a General Utility and access Easement on the final map. tests. All private streets and drainage systems shall be inspected by the City, and 2o 21 54. The roadway bulb shown at the end of the 30 foot wide access easement E 22 23 27 26 landscaping and fire flow demands are met. 25 24 specifically approved to have a radius of 17.5 feet. Carlsbad Municipal Water District Conditions: 55. The entire potable and non-potable water system/systems for subject project shal: be evaluated in detail to ensure that adequate capacity and pressure for domestic PC RES0 NO. 3300 -8- 28 I1 0 0 56. The developer's engineer shall schedule a meeting with the District Engineer and the 1 City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. 2 3 57. 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. The be collected at issuance of appliance for meter installation. 4 Developer shall pay a San Diego County Water Authority capacity charge which vd 5 58. This project is approved upon the express condition that building permits will not 6 7 be issued for development of the subject property unless the water district serving the development determines that adequate water and service is available at the time Fire Conditions: 9 occupancy. 8 of application for water service and will continue to be available until time of lo 59. Additional onsite public hydrants are required. 11 12 13 to combustible building materials being located on the project site. 60. An all-weather access road shall serve the project during construction. 61. All required fire hydrants, water mains and appurtenances shall be operational prior 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , 1 62. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO ParkingFire Lane" pursuant to Section 17.04.020, Carlsbad Municipal Code. 63. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 64. Prior to submittal of water improvement plans, the applicant shall submit to the Fire Department a map, showing the street network, conforming to the following criteria: J; 400' scale 9; Photo reduction on mylar J; Maps shall include the following information: * At least two existing streets and/or intersections shall be referenced on the map (not a separate vicinity map) Street centerlines Street names Fire hydrant location PC RES0 NO. 3300 -9- ~ - li e 9 I/ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj 1 2 Commission of the City of Carlsbad, California, held on the 16th day of October, 1991, b the following vote, to wit: 3 4 AYES: Vice-chairman Erwin, Commissioners: Schramm, Savary, Noble & Hall 5 NOES: None. 6 ABSENT: Chairman Holmes. 7 ABSTAIN: Commissioner Schlehuber. 8 9 10 11 12 13 ATTEST: * " TOM ERWIN, Vice-chairman CARLSBAD PLANNING COMMISSION 14 I.5 16 PLANNING DIRECTOR 17 18 19 20 21 22 23 24 25 I 26 I1 PC RES0 NO. 3300 -10- 27 // 28