HomeMy WebLinkAbout1992-05-06; Planning Commission; Resolution 3381I/ e e
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PLANNING COMMISSION RESOLUTION NO. 3381
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SINGLE
LOT SUBDMSION ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF GIBRALTAR STREET AT THE
INTERSECTION OF JEREZ COURT.
CASE NAME: LA COSTA FAIRWAY VILLAS
CASE NO: CT 91-5
WHEREAS, a verified application for certain property to wit:
Parcel A: Lots 399 and 400 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, March 10,1970. Parcel
B: Lot 401 of La Costa South Unit No. 5, in the City of
Carlsbad, County of San Diego, State of California, according
Recorder, March 10, 1970,
to Map thereof No. 6600, filed in the Office of the County
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 Tit1
21 of the Carlsbad Municipal Code; and
I.6 ll WHEREAS, the Planning Commission did, on the 6th day of May, 1992, hol
I" /I a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimon
and arguments, if any, of all persons desiring to be heard, said Commission considered a 20
21 factors relating to the Tentative Tract Map.
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as follows: 23
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic
24 A) That the above recitations are true and correct.
25 B) That based on the evidence presented at the public hearing, the Commissic
26 APPROVES CT 91-5, based on the following findings and subject to the followir
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conditions:
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Findings:
1. The project is consistent with the Citfs General Plan since the proposed density
18.75 du’s/acre is within the density range of 15-24 du’s/acre specified for the si
as indicated on the Land Use Element of the General Plan, and is at or below tl
growth control point of 19.
2. The site is physically suitable for the type and density of the development since tl.
site is adequate in size and shape to accommodate residential development at tl
density proposed.
3. The Planning Commission has, by inclusion of an appropriate condition to th
project, ensured building permits will not be issued for the project unless the Ci
within the project unless sewer service remains available, and the Plannin
Commission is satisfied that the requirements of the Public Facilities Element of tf
General Plan have been met insofar as they apply to sewer service for this project
4. School fees will be paid to ensure the availability of school facilities in the Encinit:
Engineer determines that sewer service is available, and building cannot occ1
Union School District and San Dieguito Union High School District.
5. Park-in-lieu fees are required as a condition of approval.
6. All necessary public improvements have been provided or will be required L
conditions of approval.
7. The applicant has agreed and is required by the inclusion of an appropriat
condition to pay a public facilities fee. Performance of that contract and paymen
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. The proposed project is consistent with the City‘s Planned Development Ordinanc
and also complies with the Design Guidelines Manual.
9. The proposed project is compatible with the surrounding future land uses sincl
surrounding properties are designated for higher density multi-family developmen
on the General Plan.
10. This project will not cause any significant environmental impacts and a Negativl
Declaration has been issued by the Planning Director on April 9,1992 and approvec
by the Planning Commission on May 6, 1992. In approving this Negativl
Declaration the Planning Commission has considered the initial study, the staf
analysis, all required mitigation measures and any written comments receivec
regarding the significant effects this project could have on the environment,
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11. The applicant is by condition, required to pay any increase in public facility fee, c
new construction tax, or development fees, and has agreed to abide by ar
additional requirements established by a Local Facilities Management Plan prepare
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensul
continued availability of public facilities and will mitigate any cumulative impac
created by the project.
12. This project is consistent with the City's Growth Management Ordinance as it h been conditioned to comply with any requirement approved as part of the LOC. Facilities Management Plan for Zone 6.
Conditions:
1. Approval is granted for CT 91-5, as shown on Exhibit(s) "A" - "I", dated May t
1992, incorporated by reference and on file in the Planning Departmen
Development shall occur substantially as shown unless otherwise noted in thes
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy c
the Tentative Map as approved by the Planning Commission. The Tentative Ma
shall reflect the conditions of approval by the City. The map copy shall b
submitted to the City Engineer and approved prior to building, grading c
improvement plan submittal, whichever occurs first.
3. This project is approved upon the express condition that building permits will no
be issued for development of the subject property unless assurances of thl
availability of sewer facilities have been given by the Leucadia County Water Distric
in writing.
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~ 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 amendec
from time to time, and any development fees established by the City Councj
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinanc
adopted to implement a growth management system or facilities and improvemen
plan and to Eulfill the subdivider's agreement to pay the public facilities fee date1
March 28, 1991, copies of which are on file with the City Clerk and ar
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I incorporated by this reference. If the fees are not paid this application will not b.
~ consistent with the General Plan and approval for this project shall be void.
5. 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.
6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of thc
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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Water shall be provided to this project pursuant to the Water Service agreemen1
between the City of Carlsbad and the Carlsbad Municipal Water District, dated
May 25, 1983.
This project shall comply with all conditions and mitigation required by the Zonc
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 buildinr
permits.
The following note shall be placed on the Final Map. "Prior to issuance of z
building permit for any buildable lot within the subdivision, the property ownel
shall pay a one-time special development tax in accordance with the City Counci
Resolution No. 91-39".
Prior to approval of the final map for any phase of this project, the applicant shal
enter into an agreement with the City to provide this project's proportional shart
housing programs are adopted by the City Council to implement the Housinj
Element.
The applicant is aware that the City is preparing an in-lieu fee program as a1
alternative to the inclusionary requirements stipulated in Policy 3.6b of the Housinj
Element. If in the development of the in-lieu fee program, it is determined by thf
City Council in order to find consistency with the Housing Element of the Genera
Plan as well as consistency with Section 66473.5 of the Government Cod(
(Subdivision Map Act), that this project is subject to this fee and building permit!
have not been issued, the applicant or its successors in interest shall pay whateve]
reasonable in-lieu fee that is required and in effect at the time of issuance 0:
building permits. If required fees are not paid, this application will not bt
consistent with the General Plan and approval for this project will be void.
If any condition for construction of any public improvements or facilities, or tht
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 ir
Government Code Section 65913.5. If any such condition is determined to bc
invalid this approval shall be invalid unless the City Council determines that thc
project without the condition complies with all requirements of law.
Approval of this request shall not excuse compliance with all sections of the Zoninl
Ordinance and all other applicable City ordinances in effect at time of buildin5
permit issuance.
The applicant shall establish a homeowner's association and correspondinl
covenants, conditions and restrictions. Said CC&R's shall be submitted to an(
approved by the Planning Director prior to final map approval.
of the City's total obligation for low income housing units or to implement whateve]
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15. All roof appurtenances, including air conditioners, shall be architecturally integrated
streets, in substance as provided in Building Department Policy No. 80-6, to the 1
satisfaction of the Directors of Planning and Building. 2
and concealed from view and the sound buffered from adjacent properties and
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16. All visitor parking spaces shall be striped a different color than the assigned resident
parking spaces and shall be clearly marked as may be approved by the Planning
Director.
17. An exterior lighting plan including parking areas shall be submitted for Planning
Director approval. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
8 18. No outdoor storage of material shall occur onsite unless required by the Fke Chkf.
In such instance a storage plan will be submitted for approval by the Fire Chief and
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19. 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 grading
or building permits, whichever occurs first.
20. Whit "E", Preliminary Landscape Plan, illustrates a conceptual planting anc
hardscape design. Final Plan Design will be subject to approval of the P1anni.n~
Director.
21. All landscaped areas shall be maintained in a healthy and thriving condition, fret
from weeds, trash, and debris.
22. The developer shall install street trees at the equivalent of 40-foot intervals doni
all public street frontages in conformance with City of Carlsbad standards. Tht
trees shall be of a variety selected from the approved Street Tree List.
19 1 23. 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; 20
be submitted to the Planning Director certifying that all landscaping has beel 22
Department.
21 24. Prior to final occupancy, a letter from a California licensed landscape architect shal
installed as shown on the approved landscape plans. 23
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conformance with the City's Sign Ordinance and shall require review and approvz
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25. The applicant shall pay a landscape plan check and inspection fee as required b:
Section 20.08.050 of the Carlsbad Municipal Code.
26. Any signs proposed for this development shall at a minimum be designed i:
of the Planning Director prior to installation of such signs.
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27. hading ;dentXcation and/or addresses shall be placed on all new and existir
buildings so as to be plainly visible from the street or access road; color 4
identification and/or addresses shall contrast to their background color.
28. The developer shall display a current Zoning and Land Use Map in the sales offic
at all times, or suitable alternative to the satisfaction of the Planning Director.
29. This project is being approved as a condominium permit for residenti;
homeownership purposes. If any of the units in the project are rented, th
minimum time increment for such rental shall be not less than 26 days. A conditio
so stating this shall be placed in the CC&R's for the project.
30. As part of the plans submitted for building permit plan check, the applicant shi
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 an
applicable Coastal Development Permit and signed approved site plan.
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
indicates the presence of potential fossil bearing material then a standard IN
phased program, on file in the Planning Department, shall be undertaken to avoic
possible significant impacts on paleontological resources under the direction of thc
Planning Department.
Engineering Conditions:
32. Unless a standards variance has been issued, no variance from City Standards i
authorized by virtue of approval of this tentative map.
33. The applicant shall comply with all the rules, regulations and design requirement!
of the respective sewer and water agencies regarding services to the project.
34. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bel
Telephone, and Cable TV authorities.
35. This project is approved specifically as 1 (single) unit for recordation.
36. The applicant shall provide an acceptable means for maintaining the private
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
properties within the subdivision. Adequate provision for such maintenance shall
be included with the CC&R's subject to the approval of the City Engineer prior tc
final map approval.
37. All concrete terrace drains shall be maintained by the homeowner's association (if
on commonly owned property) or the individual property owner (if on an
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individually owned lot). An appropriately worded statement clearly identifying the
responsibility shall be placed in the CC&R’s.
38. 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 at
the discretion of the Planning Commission. In approving an extension, the Planning
Commission may impose new conditions and may revise existing condition5
pursuant to Section 20.12.1 lO(a) (2) Carlsbad Municipal Code.
39. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or it:
agents, officers, or employees to attack, set aside, void or null an approval of thc
City, the Planning Commission or City Engineer which has been brought against thc
City within the time period provided for by Section 66499.37 of the Subdivisior
Map Act.
40. Prior to approval of the final map, the owner shall enter into an agreement with thl
City to pay any drainage area fees established as a result of the Master Drainagl
Plan Update.
41. The owner of the subject property shall execute an agreement holding the Ci?
harmless regarding drainage across the adjacent property prior to approval of thl
final map for this project.
42. Based upon a review of the proposed grading and the grading quantities shown 01
the tentative map, a grading pennit for this project is required. Prior to final ma]
approval, the applicant must submit and receive approval for grading plans il
accordance with City Codes and standards. Prior to issuance of a building permi
for the project, a grading pennit shall be obtained and grading work be complete1
in substantial conformance with the approved grading plans.
43. Prior to hauling dirt or construction materials to or from any proposed constructio:
site within this project, the applicant shall submit to and receive approval from tE
City Engineer for the proposed haul route. The applicant shall comply with a
conditions and requirements the City Engineer may impose with regards to tf
hauling operation.
44. The developer shall exercise special care during the construction phase of th
project to prevent offsite siltation. Planting and erosion control shall be provide
in accordance with the Carlsbad Municipal Code and the City Engineer. Referenc
Chapter 11.06.
45. Additional drainage easements may be required. Drainage structures shall 1
provided or installed pdor to the ;ssuance of grading or buadlng pe-t as may I
required by the City Engineer.
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46. Prior to final map approval the owner shall execute an agreement holding the Cj
1 harmless for geologic failure.
2 47. The applicant shall place the following note(s) on a non-mapping data sheet of tl
3 I/ final map:
4 Geotechnical Caution:
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A. Slopes steeper than two parts horkontal to one part vertical exist within tl boundaries of this subdivision.
B. The owner of this property on behalf of itself and all of its successors
interest has agreed to hold harmless and indemnify the City of Carlsbad fro
any action that may arise through any geological failure, ground watt
seepage or land subsidence and subsequent damage that may occur on, c
adjacent to, this subdivision due to its construction, operation (
maintenance.
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48. The applicant shall comply with the requirements of the National Pollutar
Discharge Elimination System (NPDES) permit. The applicant shall provide be;
management practices to reduce surface pollutants to an acceptable level prior 1
discharge to sensitive areas. Plans for such improvements shall be approved by th
City Engineer prior to approval of the final map, issuance of grading or buildin
I permit, whichever occurs first.
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15 49. The existing damaged, cracked and sinking sidewalk along the project frontage o
Engineer prior to occupancy of any of the units. 16 Gibraltar Street shall be removed and replaced to the satisfaction of the fit.
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50. The design of the onsite private driveways including the structural pavement desig
shall be submitted together with required R-value soil test information and bl
approved by the City as part of the bdding site plan review.
Fire Conditions:
51. Additional onsite public hydrants shall be required as determined by the City Fir(
Marshal.
52. An all-weather access road shall serve the project during construction.
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54. Brush clearance shall be maintained according to the specifications contained in the 26
Municipal Code.
City of Carlsbad Landscape Manual. Applicant shall provide brush clearance plan
to the Fire Department for approval.
53. AU private driveways shall be kept clear of parked vehicles at all times, and shall
have posted "NO ParkinUFire Lane" pursuant to Section 17.04.020, Carlsbad
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55. All required fire hydrants, water mains and appurtenances shall be operational PAC
1 to combustible building materials being located on the project site.
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Water Conditions:
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56. The entire potable and non-potable water system/systems for subject project sha
be evaluated in detail to ensure that adequate capacity and pressure for domestic
landscaping and fire flow demands are met.
5 57. The developefs engineer shall schedule a meeting with the District Engineer and tk 6 City Fire Marshal and review the preliminary water system layout prior i
7 preparation of the water system improvement plans.
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58. The developer will be responsible for all fees and deposits plus the major facilil
charge which will be collected at time of issuance of building permit.
59. This project is approved upon the express condition that building permits will nc
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 tim
of application for water service and will continue to be available until time (
occupancy.
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Commission of the City of Carlsbad, California, held on the 6th day of May, 1992, by tl l4
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannir
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following vote, to wit:
AYES: Chairman Erwin, Commissioners: Schlehuber, Schramm, Nobl
I? I! Welshons, Savary & Hall.
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NOES: None.
I ABSENT: None.
ABSTAIN: None.
A 7 I hL /
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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