HomeMy WebLinkAbout1992-12-02; Planning Commission; Resolution 3469I. .1 a e
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PLANNING COMMISSION RESOLUTION NO. 3469
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE
TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE
SOUTH SIDE OF TAMARACK AVENUE BETWEEN GARFIELD
STREET AND THE AT&SF RAILROAD.
CASE NAME: LA VERCIA CONDOS
CASE NO: CT 91-7
WHEREAS, a verified application for certain property to wit:
Lot 8 Block S of Palisades 2, City of Carlsbad, according to
Map 1803 filed on August 25, 1924
9 has been filed with the City of Carlsbad and referred to the Planning Commission; and
10 WHEREAS, said verified application constitutes a request as provided by Til
I.1 I! 21 of the Carlsbad Mudcfpal Code; and
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13 I1 WHEREAS, the Planning Commission did, on the 2nd day of December, 199
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and arguments, if any, of all persons desiring to be heard, said Commission considered , 16
WHEREAS, at said public hearing, upon hearing and considering all testimo:
hold a duly noticed public hearing as prescribed by law to consider said request; and
I' 11 factors relating to the Tentative Tract Map.
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19 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissil
20 II as follows:
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12.5 du's/acre is below the density range of 15 - 23 du's/acre specified for the si 26
1. The project is consistent with the City's General Plan since the proposed density 25
Findings: 24
conditions: 23 APPROVES CT 91-7, based on the following findings and subject to the followi
B) That based on the evidence presented at the public hearing, the Commissi 22
A) That the above recitations are true and correct.
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as indicated on the Land Use Element of the General Plan, and is at or below tk
1 growth control point of 19.
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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
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density proposed.
3. The Planning Commission has, by inclusion of an appropriate condition to th
finds that sewer service is available to serve the project. In addition, the Plannir
Commission has added a condition that a note shall be placed on the final map th
determines that sewer service is available, and building cannot occur within tl
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project, ensured that the final map will not be approved unless the City Counc
building permits may not be issued for the project unless the City Enginel
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project unless sewer sedce remdns available, and the Pl&g Co-ssion
satisfied that the requirements of the Public Facilities Element of the General Pk
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 Carlsb:
Unified 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 i
conditions of approval.
7. The applicant has agreed and is required by the inclusion of an appropria
condition to pay a public facilities fee. Performance of that contract and payme:
of the fee will enable this body to find that public facilities will be availab
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8. The proposed project is consistent with the City's Planned Development Ordinan
and also complies with the Design Guidelines Manual.
9. The proposed project is compatible with the surrounding future land uses sin 20 surrounding properties are designated for residential development on the Gene1
21 Plan.
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10. This project will not cause any significant environmental impacts and a Negati
Declaration has been issued by the Planning Director on September 17, 1992 a]
approved by the Planning Commission on December 2, 1992. In approving tl
Negative Declaration the Planning Commission has considered the initial study, t:
staff analysis, all required mitigation measures and any written comments receiv
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, f
additional requirements established by a Local Facilities Management Plan preparc
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will emu
continued availability of public facilities and will mitigate any cumulative impac
created by the project.
i new construction tax, or development fees, and has agreed to abide by ar
~ 4 12. This project is consistent with the City's Growth Management Ordinance as it h
5 been conditioned to comply with any requirement approved as part of the Loc
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Facilities Management Plan for Zone 1.
13. The proposed project complies with the requirements of Title 20 of the Car&
Municipal Code.
14. The proposed project complies with the requirements of Chapter 21.82 of tl
9 Carlsbad Municipal Code.
10 11 conditions:
11 1. Approval is granted for CT 91-7, as shown on Exhibit(s) "A" - "D", dated Decemb
13 Development shall occur substantially as shown unless otherwise noted in the
conditions.
12 2, 1992, incorporated by reference and on file in the Planning Departmer
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The developer shall provide the City with a reproducible 24" x 36", mylar copy
the tentative map as approved by the Planning Commission. The tentative mi
shall reflect the conditions of approval by the City. The map copy shall 1
submitted to the City Engineer and approved prior to building, grading, final ma
or improvement plan submittal, whichever occurs fist.
A 500' scale map of the subdivision shall be submitted to the Planning Director pri
to the recordation of the final map. Said map shall show all lots and streets with
and adjacent to the project.
4. This project is approved upon the express condition that the final map shall not
approved unless the City Council finds as of the time of such approval that sew
service is avdlable to serve the subdidsion.
5. This project is approved upon the express condition that building permits will n
be issued for development of the subject property unless the Carlsbad Municil
Water District Engineer determines that sewer facilities are available at the time
application for such sewer permits and will continue to be available until time
occupancy. This note shall be placed on the final map.
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6. Approval of CT 91-7 is granted subject to the approval of CP 91-4.
7. This project is also approved under the express condition that the applicant pay tl
public facilities fee adopted by the City Council on July 28, 1987 and as amende
from time to time, and any development fees established by the City Counc:
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinanc
adopted to implement a growth management system or facilities and improve me^
plan and to fulfill the subdivider's agreement to pay the public facilities fee datc
April 11, 1991, a copy of which is on file with the City Clerk and is incorporatf
by this reference. If the fees are not paid this application will not be consistent wil
the General Plan and approval for this project will be void.
7 8. The applicant shall pay park-in-lieu fees to the City, prior to the approval of tl
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9. The applicant shall provide school fees to mitigate conditions of overcrowding ( 9
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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part of building permit application. These fees shall be based on the fee schedu
in effect at the time of building permit application.
10. Water shall be provided to this project pursuant to the Water Service agreeme:
12 between the City of Carlsbad and the Carlsbad Municipal Water District, dated Mi
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11. This project shall.comply with all conditions and mitigation required by the ZOI
1 Local Facilities Management Plan approved by the City Council on September
1987, incorporated herein and on file in the Planning Department and any futu
amendments to the Plan made prior to the issuance of building permits.
12. The following note shall be placed on the Final Map. "Prior to issuance of
building permit for any buildable lot within the subdivision, the property own
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shall pay a one-time special development tax in accordance with the City Count
Resolution No. 91-39".
The applicant is aware that the City is preparing a housing impact fee program
conjunction with the inclusionary housing requirements stipulated in Policy 3.6b
the Housing Element of the General Plan. The applicant is further aware that t:
City Council may determine that certain projects may have to pay a housing imp;
fee, in order to be found consistent with the Housing Element of the General Pla
If a housing impact fee is established by ordinance, and this project becomes subjc
to a housing impact fee pursuant to said ordinance, then the applicant for tl:
project, or his/her/their successor(s) in interest shall pay the housing impact fc
The amount of the fee shall be determined by a procedure established by t
ordinance. The fee shall be paid at the time of issuance of building permits, exce
for projects involving the conversion of apartments to air-space condominiums,
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which case, the fee shall be paid on approval of the flnal map, parcel map, f
certificate of compliance required to process the conversion, whichever pertains.
housing impact fees are required for this project, and they are not paid, this proje
will not be consistent with the General Plan and approval for this project w
become null and void.
14. 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 j
invalid this approval shall be invalid unless the City Council determines that tl;
project without the condition complies with all requirements of law.
Government Code Section 65913,5, If any such condition is determined to t
15. Approval of this request shall not excuse compliance with all sections of the Zonir
Ordinance and all other applicable City ordinances in effect at time of buildir
permit issuance.
16. The applicant shall establish a homeowner's association and correspondiT
covenants, conditions and restrictions. Said CC&R's shall be submitted to an
approved by the Planning Director prior to final map approval.
17. Prior to issuance of a building pennit, the applicant shall provide evidence of
Coastal Development Permit from the California Coastal Commission whic
approves development which is in substantial conformance with the City approva
and Engineering Departments.
Evidence that the permit has been received shall be submitted to both the Pl&
18. Prior to recordation of the final tract map or issuance of building permits, whic
ever is first, the owner shall prepare and record a notice that this property may E
subject to impacts from the existing Transportation Corridor (AT&SF Railroad line
in a manner meeting the approval of the Planning Director and City Attorney.
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 th
Planning Director. Enclosure shall be of similar colors and/or materials to th
project to the satisfaction of the Planning Director.
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.
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PC RES0 NO. 3469 -5-
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1 21. No outdoor storage of material shall occur onsite unless required by the Fire Chie
In such instance a storage plan will be submitted for approval by the Fire Chief an 2 the Planning Director.
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The applicant shall prepare a detailed landscape and irrigation plan which shall k
submitted to and approved by the Planning Director prior to the issuance of gradin
or building permits, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, frt
from weeds, trash, and debris.
All landscape plans shall be prepared to conform with the Landscape Manual ar
submitted per the landscape plan check procedures on file in the Plannir
Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone
plants (see Landscape Manual) shall be limited to areas of special visual importanc
or high use. Mulches shall be used and irrigation equipment and design sh;
promote water conservation.
The developer shall avoid trees that have invasive root systems, produce excessil
litter and/or are too large relative to the lot size.
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27. Prior to final occupancy, a letter from a California licensed landscape architect sh
be submitted to the Planning Director certifying that all landscaping has bet
installed as shown on the approved landscape plans.
28. All herbicides shall be applied by applicators licensed by the State of California.
29. The applicant shall pay a landscape plan check and inspection fee as required 1
Section 20.08.050 of the Carlsbad Municipal Code.
30. The first set of landscape and irrigation plans submitted shall include building plar
hprovement plans and grading plans.
31. 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.
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32. The minimum shrub size shall be 5 gallons.
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33. 20% of the trees in multi-family projects of 5 units or more shall be 24" box
greater.
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34. Building identification and/or addresses shall be placed on all new and existin
1 buildings so as to be plainly visible from the street or access road; color (
identification and/or addresses shall contrast to their background color. 2
3 35. 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.
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36. This project is being approved as a condominium permit for residenti
homeownership purposes. If any of the units in the project are rented, d
minimum time increment for such rental shall be not less than 26 days. A conditic
so stating this shall be placed in the CC&R's for the project.
37. As part of the plans submitted for building permit plan check, the applicant sh:
include a reduced version of the approving resolution/resolutions on a 24" x 31
blueline drawing. Said blueline drawing(s) shall also inciude a copy of ar
applicable Coastal Development Permit and signed approved site plan.
10 11 h6e-g conditions:
11 38. Unless a standards variance has been issued, no variance from City Standards
12 authorized by virtue of this tentative map.
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39. The applicant shall comply with all the rules, regulations and design requiremen
40. The applicant shall provide an acceptable means for maintaining the priva 15 easements within the subdivision and all the private: streets, sidewalks, stre 16 lights, storm drain facilities and sewer facilities located therein and to distribute tl
17 costs of such maintenance in an equitable manner among the owners of tl
properties within the subdivision. Adequate provision for such maintenance sh
18 be included with the CC&R's subject to the approval of the City Engineer prior
final map approval.
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of the respective sewer and water agencies regarding services to the project.
41. Approval of this tentative tract map shall expire twenty-four (24) months from t 20
Commission may impose new conditions and may revise existing conditio 22
may be requested by the applicant. Said extension shall be approved or denied 21
date of Planning Commission approval unless a final map is recorded. An extensic
the discretion of the Planning Commission. In approving an extension, the Planni
pursuant to Section 20.12.1 10(a) (2) Carlsbad Municipal Code. 23
24 42. The applicant shall defend, indemnify and hold harmless the City and its agen
officers, and employees from any claim, action or proceeding against the City or
City, the Planning Commission or City Engineer which has been brought against t 25 agents, officers, or employees to attack, set aside, void or null an approval of t
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City within the time period provided for by Section 66499.37 of the Subdivisic
Map Act.
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43. Prior to approval of the final map, the owner shall enter into an agreement with t
City to pay any drainage area fees established as a result of the Master Draina
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Plan Update.
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44. Prior to hauling dirt or construction materials to or from any proposed constructil
site within this project, the applicant shall submit to and receive approval from t
City Engineer for the proposed haul route. The applicant shall comply with
conditions and requirements the City Engineer may impose with regards to tl
hauling operations.
45. Rain gutters must be provided to convey roof drainage to an approved draina:
course or street to the satisfaction of the City Engineer.
46. Additional drainage easements may be required. Drainage structures shall 1
provided or installed prior to the issuance of grading or building permits as may 1
required by the City Engineer.
I 47. The applicant shall comply with the City's requirements of the National Polluta Discharge Elimination System (NPDES) permit. The applicant shall provide bc
management practices to reduce surface pollutants to an acceptable level prior
discharge to sensitive areas. Plans for such improvements shall be approved by tl
City Engineer prior to approval of the Final Map, issuance of grading or buildir
permits, whichever occurs fist.
Fire Conditions:
48. An all weather, unobstructed access road suitable for emergency service vehiclc
shall be provided and maintained during construction. When in the opinion of tl:
Fire Chief, the access road has become unserviceable due to inclement weather c
other reasons, he may, in the interest of public safety, require that constructic
operations cease until the condition is corrected.
49. All security gate systems controlling vehicular access shall be equipped with "K~ox", key-operated emergency entry device. Applicant shall contact the Fi
Prevention Bureau for specifications and approvals prior to installation.
50. Private roads and driveways which serve as required access for emergency servic
vehicles shall be posted as fire lanes in accordance with the requirements of Sectio
17.04.020 of the Carlsbad Municipal Code.
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51. A monument sign shall be ktalled at the entrance to the driveway or private strec
1 indicating the addresses of the buildings on site.
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Water Conditions:
52. The entire potable and non-potable water system/systerns for subject project slx
be evaluated in detail to ensure that adequate capacity and pressure for domesti
landscaping and fire flow demands are met.
53. The developer will be responsible for all fees and deposits plus the major facili
charge which will be collected at time of issuance of building permit. The develop(
shall pay a San Diego County Water Authority capacity charge which will k
collected at issuance of application for meter installation.
54- Sequentially, the Developers hgineer shall do the foll0W;ng:
A. Meet with the City Fire Marshal and establish the fire protectic
requirements.
B. Prepare a colored reclaimed water use area map and submit to the Plannir
Department for processing and approval.
C. Schedule a meetiug with the District Engineer for review, comment ar
approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan fc
potable, reclaimed and sewer systems prior to the preparation c
improvement plans.
55. This project is approved upon the expressed condition that building permits will nc
be issued for development of the subject property uriless the water district servin
the development determines that adequate water s&ee and sewer fa&& ar
available at the time of application for such water service and sewer pemnits wi
continue to be available until time of occupancy. This not shall be placed on th
final map.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni~
Commission of the City of Carlsbad, California, held on the 2nd day of December, 199
by the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schram
Noble, Welshons, Savary & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .5
PLANNING DIRECTOR
PC RES0 NO. 3469 -10-