HomeMy WebLinkAbout1991-10-16; Planning Commission; Resolution 3300x b
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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
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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
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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.
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2o I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
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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:
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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conditions and requirements the City Engineer may impose with regards to the
hauling operation.
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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
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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
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granted to the City free and clear of all liens and encumbrances and without cost
to the City.
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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
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54. The roadway bulb shown at the end of the 30 foot wide access easement E
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landscaping and fire flow demands are met. 25
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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
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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
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58. This project is approved upon the express condition that building permits will not 6
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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.
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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
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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
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I/ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj
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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.
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ATTEST:
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TOM ERWIN, Vice-chairman
CARLSBAD PLANNING COMMISSION
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PLANNING DIRECTOR
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