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HomeMy WebLinkAbout1992-05-20; Planning Commission; Resolution 3385I/ 0 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 3385 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ATENTATIVE MAP TO DEVELOP A 16 UNIT TOWNHOUSE CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTHSIDE OF LEVANTE STREET BETWEEN LA COSTA AVENUE AND MORADA STREET. CASE NAME: LEVANTE STREET TOWNHOMES CASE NO: CT 91-10 7 WHEREAS, a verified application for certain property to wit: 8 Lots 230 and 231 of La Costa Vale Unit No. 1 according to 9 10 I1 recorded map No. 7457 in the City of Carlsbad, California, 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 12 21 of the Carlsbad Municipal Code; and 13 16 15 hold a duly noticed public hearing as prescribed by law to consider said request; and l4 WHEREAS, the Planning Commission did, on the 20th day of May, 1992, WHEREAS, at said public hearing, upon hearing and considering all testimony 17 ll and arguments, if any, of all persons desiring to be heard, said Commission considered all 18 factors relating to the Tentative Tract Map. 19 as follows: 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 21 22 A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissior 23 APPROVES CT 91-10, based on the following findings and subject to the following conditions: 24 25 11 Findinm: 26 1. The project is consistent with the City‘s General Plan since the proposed density ol indicated on the Land Use Element of the General Plan, and is at or below thc growth control point of 11.5. 27 10.6 du’s/acre is within the density range of 8-15 du’s/acre specified for the site a2 28 0 0 2. 1 2 3 4 5 6 7 3. 8 9 4. lo 5. 11 12 13 l4 6. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. PC 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 thc 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 thi: 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. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. This project will not cause any significant environmental impacts and a Negativc Declaration has been issued by the Planning Director on April 9,1992 and Approved by the Planning Commission on May 20, 1992. 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. 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. 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 6. School fees will be paid to ensure the availability of school facilities in the San Dieguito High School and Encinitas Unified School Districts. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate 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 concurrent with need as required by the General Plan. RES0 NO. 3385 -2- 0 0 12. The project complies with all requirements of Chapter 20.12 of the Carlsbad 1 Municipal Code. 2 4 1. Approval is granted for CT 91-10, as shown on Exhibit(s) "A" - "F", dated 3 Conditions: May 20, 1992, incorporated by reference and on file in the Planning Department Development shall occur substantially as shown unless otherwise noted in these 5 conditions. 6 7 8 9 10 11 2. 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 shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. 3. 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. 12 4. This project is approved upon the express condition that building permits will not determines that sewer facilities are available at the time of application for such 13 be issued for development of the subject property unless the City Engineer 14 sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 15 5. This project is also approved under the express condition that the applicant pay the 16 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 adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdividefs agreement to pay the public facilities fee dated incorporated by this reference. If the fees are not paid this application will not be 17 final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 22 consistent with the General Plan and approval for this project will be void. 20 1 September 27, 1991, a copy of which is on file with the City Clerk and is 19 pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance 18 21 6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the 23 24 25 26 27 28 7. 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. 8. Water shall be provided by the Olivenhain Municipal Water District. 9. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PC RES0 NO. 3385 -3- 0 a 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 1 10. Prior to approval of the hal map for any phase of this project, the applicant shal enter into an agreement with the City to provide this project's proportional sharc of the City's total obligation for low income housing units or to implement whateve housing programs are adopted by the City Council to implement the Housin Element. 11. I The applicant is aware that the City is preparing an in-lieu fee (or affordablt housing impact fee) program as an alternative to the inclusionary requirement! stipulated in Policy 3.6b of the Housing Element. If in the development of the fec program, it is determined by the City Council in order to find consistency with thc Housing Element of the General Plan as well as consistency with Section 66473.: of the Government Code (Subdivision Map Act), that this project is subject to thi: fee and building permits have not been issued, the applicant or its successors i~ interest shall pay whatever reasonable in-lieu fee or affordable housing impact fec that is required and in effect at the time of issuance of building permits. If require6 fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 12. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law or this project are challenged this approval shall be suspended as provided iI: Government Code Section 65913.5. If any such condition is determined to br invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 13. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 14. Approval of CT 91-10 is granted subject to the approval of the Negative Declaration, CP 91-8 and SDP 92-2. 15. 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 RMH. The Growth Control Point for this designation is 11.5 dwelling units per nonconstrained acre. Parcels 230 and 231 were 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 must also include parcels 230 and 231 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code." PC RES0 NO. 3385 -4- I I 0 0 16. The applicant shall establish a homeowner's association and corresponding 1 covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. 2 3 4 5 6 7 17. The following items shall be included in the CC&R's: a. All units which are setback a minimum of 5 feet from a private drivewaq shall be equipped with an automatic garage door opener. b. No accessory structures, such as patio covers, or detached structures, shal be permitted within 15 feet of the rear property line. Attached and detachel patio covers and other accessory structures must observe all setback! Of CT 91-lO/CP 91-8/SDP 92-2. 8 c. A 10 foot landscape easement shall be provided along the westem prop- 9 line. The easement shall be protected and maintained by the Homeowner! 10 ~ Assodadon and shall codst of a comb;zadon of drought tolerant trees ani Shrubs. 11 12 13 14 15 16 17 18 19 20 d. No building permits for room additions, enclosed structures, jacuzzis, spas 0: solariums shall be issued without the approval of an amendment tc Condominium Permit No. 91-8. 18. Prior to the issuance of the building permit there shall be a Notice of RestrictioI placed on the deed to this property subject to the satisfaction of the Plannini Director notifying all interested parties and successors in interest that the City o Carlsbad has issued a Tentative Map, a Condominium Permit, Site Development Pla by Resolution No. 3385, 3386 and 3387 on the real property owned by thc declarant. Said Notice of Restriction shall note the property description, locatio1 of the file containing complete project details and all conditions of approval as we1 as any conditions or restrictions specified for inclusion in the Notice of Restriction The restrictions referred to in said notice may be modified or terminated only wit1 the approval of the Planning Director, Planning Commission or City Council of thl City of Carlsbad whichever has final decision authority for this project. 21 19. 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 thl project to the satisfaction of the Planning Director. 22 Planning Director. Enclosure shall be of similar colors and/or materials to thl 23 24 25 26 BY 20. All roof appurtenances, including air conditioners, shall be architecturally integrate( and concealed from view and the sound buffered from adjacent properties an( streets, in substance as provided in Building Department Policy No. 80-6, to th satisfaction of the Directors of Planning and Building. 21. All visitor parking spaces shall be striped a different color than the assigned residen parking spaces and shall be clearly marked as may be approved by the Plannin 28 I/ Director. 11 PC RES0 NO. 3385 -5- /I 0 0 22. The applicant shall submit a street name list consistent with the City's street namc 1 policy subject to the Planning Director's approval prior to final map approval. 2 3 23. The applicant shall prepare a detailed landscape and irrigation plan which shall bt submitted to and approved by the Planning Director prior to the issuance of gradin1 or building permits, whichever occurs first. 4 5 from weeds, trash, and debris. 6 25. Existing onsite trees shall be retained wherever possible and shall be trimmed 7 and/or topped. Dead, decaying or potentially dangerous trees shall be approved fo~ removal at the discretion of the Planning Department during the review of a Mastel 8 Plan submitted showing existing onsite trees. Those trees which are approved fo~ removal shall be replaced on a tree-for-tree basis as required by the Planning 24. All landscaped areas shall be maintained in a healthy and thriving condition, free 9 Department. 10 11 12 13 14 15 16 17 18 19 20 21 26. The developer shall install street trees at the equivalent of 40-foot intervals along 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. 27. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. 28. Landscape plans shall be designed to rdnindze water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. 29. The developer shall avoid trees that have invasive root systems, produce excessive I litter and/or are too large relative to the lot size. ~ 30. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been I installed as shown on the approved landscape plans. 22 23 31. All herbicides shall be applied by applicators licensed by the State of California. 24 32. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 25 26 27 28 33. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. 34. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. PC RES0 NO. 3385 -6- 0 e 35. The minimum shrub size shall be 5 gallons. 36. The 10' landscape easement along the western property shall be planted with 1 2 3 minimum of 36" box tree specimens. 37. Any signs proposed for this development shall at a minimum be designed i 4 5 38. Building identification and/or addresses shall be placed on all new and existin 6 buildings so as to be plainly visible from the street or access road; color ( 7 8 39. Prior to occupancy of any units, the applicant shall construct a directory sign at th entrance to the project. The design of this sign shall be approved by the Plannin 9 Director. conformance with the City's Sign Ordinance and shall require review and approv; of the Planning Director prior to installation of such signs. identification and/or addresses shall contrast to their background color. lo 11 40. The developer shall display a current Zoning and Land Use Map in the sales ofic 41. This project is being approved as a condominium permit for residentia 12 homeownership purposes. If any of the units in the project are rented, th 13 minimum time increment for such rental shall be not less than 26 days. A conditio] at all times, or suitable alternative to the satisfaction of the Planning Director. 14 I! so stating this shall be placed in the CC&R's for the project. 15 16 17 18 42. As part of the plans submitted for building permit plan check, the applicant sha 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. 43. Prior to recordation of the final map a 10 foot landscape easement along th( western property line shall be dedicated to the project's Homeownds Association 19 I 44. All new residential development in Zone 6 is subject to a Growth Management fec 20 of $310 per dwelling unit as enacted by City Council Resolution No. 88-53 01 21 I/ February 23, 1988. 22 45. Prior to approval of a building permit, the applicant shall submit a fencing plan tc the Planning Director for review and approval. The plan shall have a six foot hig€ 23 masonry wall along the shuffle court and a six foot high open fence along tht remaining northern property line of the project. The masonry wall shall match tht 24 approved 6 foot high wall located along the western property line as illustrated 01 Exhibit "Att. 25 26 Ennineering Conditions: 27 46. Unless a standards variance has been issued, no variance from City Standards is 28 I1 authorized by virtue of approval of this tentative map. PC RES0 NO. 3385 -7- 0 a 47. The applicant shall comply with all the rules, regulations and design requirements 1 of the respective sewer and water agencies regarding services to the project, 2 3 48. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell Telephone, and Cable TV authorities. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~ 49. 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 cost5 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 to final mar approval. 50 . 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 dlscretion of the Pladng Commission. In approving an extension, the Pladng Commission may impose new conditions and may revise existing conditions pursuant to Section 20.12.1 10(a) (2) Carlsbad Municipal Code. 51. 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 its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. 52. Prior to approval of the final map, the owner shall enter into an agreement with the City to pay any drainage area fees established as a result of the Master Drainage Plan Update. I I 19 j 53. Prior to hauling dirt or construction materials to or from any proposed constructior: conditions and requirements the City Engineer may impose with regards to the City Engineer for the proposed haul route. The applicant shall comply with all 20 site within this project, the applicant shall submit to and receive approval from the hauling operation. 21 22 54. Additional drainage easements may be required. Drainage structures shall be 23 provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. 24 25 11 Fire conditions: 26 27 55. Monument sign shall be installed at the entrance to driveway indicating addresses of buildings on the site. 28 I1 PC RES0 NO. 3385 -8- e e 1 56. Applicant shall submit a site plan to the Fire Department for approval, which depict: 1 3 water Conditions: 2 location of required, proposed and existing hydrants. 57. The entire potable and non-potable water systerdsystems for subject project shal: 4 be evaluated in detail to ensure that adequate capacity and pressure for domestic landscaping and fire flow demands are met. 5 58. The developer's engineer shall schedule a meeting with the District Engineer and thc 6 7 City Fire Marshal and review the preliminary water system layout prior tc preparation of the water system improvement plans. 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 59. The developer will be responsible for all fees and deposits plus the major faciliq charge which will be collected at time of issuance of building permit. The develope] shall pay a San Diego County Water Authority capacity charge which will bc collected at issuance of application for meter installation. 60. This project is approved upon the express condition that building permits will no1 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 timc of application for water service and will continue to be available until time 0: occupancy. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of May, 1992, by thf follo&ng vote, to vdt: AYES: Vice-ChairpersonNoble, Commissioners: Schlehuber, Schramm Welshons, Savary & Hall. NOES: None. ABSENT: None. ABSTAIN: Chairman Erwi -ul& BAILEY NoB& Vice-chairperson CARLSBAD NING COMMISSION 25 ATTEST: 26 /$/$J-~&&/; J& 27 MICHAEL J. HOMMIL~AR 28 PLANNING DIRECTOR PC RES0 NO. 3385 -9-