HomeMy WebLinkAbout1994-08-17; Planning Commission; Resolution 3691I. *
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PLANNING COMMISSION RESOLUTION NO. 3691
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TWO LOT TRACT MAP FOR CONDOMINIUM
PURPOSES ON PROPERTY GENERALLY LOCATED EAST OF
THE INTERSECTION OF PONTO (ANACAPA) ROAD AND
CARLSBAD BOULEVARD AND IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: SEAPOINTE RESORT
CASE NO: CT 93-10
WHEREAS, a verified application for certain property to wit:
Lots 1 and 2 in fractional Section 20, Township 12 south,
Range 4 west, San Bernardino base and meridian, in the City
of Carlsbad, in the County of San Diego, State of California,
according to the official plat thereof;
has been filed with the City of Carlsbad and referred to the Planning Commissio
WHEREAS, said verified application constitutes a request for a two
map for condominium purposes as provided by Title 20 of the Carlsbad Municip,
and
WHEREAS, the Planning Commission did, on the 17th day of Augus
hold a duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission consic
factors relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
recommends APPROVAL of the two lot Tract Map for condominium purpc
93-10, based on the following findings and subject to the following condi
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Findings:
1. The two lot tract map for condominium purposes is consistent with the
Plan, Local Coastal Program, and Title 21 and that all approvals and
required by Title 21 shall be granted concurrently with subdivision apprc
2. The Planning Commission has, by inclusion of an appropriate conditio1
project, ensured building permits will not be issued for the project ur
District Engineer determines that sewer service is available, and buildinl
occur within the project unless sewer service remains available, and the 1
Commission is satisfied that the requirements of the Public Facilities Eleme
General Plan have been met insofar as they apply to sewer service for this
3. School fees will be paid to ensure the availability of school facilities in the (
School District.
4. All necessary public improvements have been provided or will be req
conditions of approval.
5. The applicant has agreed and is required by the inclusion of an app
condition to pay a public facilities fee. Performance of that contract and I
of the fee will enable this body to find that public facilities will be a
concurrent with need as required by the General Plan.
6. As designed, the proposed project is compatible with the surrounding futl
uses.
7. This project will not cause any significant environmental impacts and a
amended Negative Declaration has been issued by the Planning Director on
10, 1994 and is recommended for approval by the Planning Commission on
17, 1994. In recommending approval of this second amended Negative Decl
the Planning Commission has considered the initial study, the staff ana!
required mitigation measures and any written comments received regard
significant effects this project could have on the environment and detedr
the second amended Negative Declaration was prepared in accordance v
California Environmental Quality Act and Title 19, Environmental Prc
Procedures of the Carlsbad Municipal Code.
8. The applicant is by condition, required to pay any increase in public faciliq
new construction tax, or development fees, and has agreed to abide
additional requirements established by a Local Facilities Management Plan PI
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will
continued availability of public facilities and will mitigate any cumulative j
created by the project.
9. This project is consistent with the City's Growth Management Ordinance a
been conditioned to comply with any requirement approved as part of th
Facilities Management Plan for Zone 22.
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IO. The subdivision has been designed to take advantage of prevailing onsho:
throughout westerly orientation which in turn provides for natural
opportunities.
11. The approval of the subdivision will not effect the housing needs of the COI
because it is for commercial purposes and will therefore not detract f
availability of public services or available fiscal or environmental resourct
Conditions:
Planning:
I. Approval is granted for a two lot tract map for condo purposes, CT 93-10,;
on Exhibit(s) "A" - "E", dated August 17, 1994, incorporated by reference ar
in the Planning Department. Development shall occur substantially as shon
otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar
the map as approved by the City Council. The map shall reflect the cond:
approval by the City. The map copy shall be submitted to the City Engir
approved prior to building, grading, final map, or improvement plan su
whichever occurs first.
3. This project is approved upon the express condition that building permits
be issued for development of the subject property unless the District E
determines that sewer facilities are available at the time of application 1
sewer permits and will continue to be available until time of occupancy. T
shall be placed on the final map.
4. This project is also approved under the express condition that the applicant
public facilities fee adopted by the City Council on July 28, 1987 (amende(
1991) and as amended from time to time, and any development fees establ:
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code
ordinance adopted to implement a growth management system or facilit
improvement plan and to fulfill the subdivider's agreement to pay the
facilities fee dated August 12, 1993, a copy of which is on file with the Ci
and is incorporated by this reference. If the fees are not paid this applicat
not be consistent with the General Plan and approval for this project will '
5. The applicant shall provide school fees to mitigate conditions of overcrou
part of building permit application. These fees shall be based on the fee s
in effect at the time of building permit application.
6. This project shall comply with all conditions and mitigation measures wh
be required as part of the Zone 22 Local Facilities Management Plan :
amendments made to that Plan prior to the issuance of building permits.
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I 7. If any condition for construction of any public improvements or facilitie:
payment of any fees in lieu thereof, imposed by this approval or imposed b:
this project are challenged this approval shall be suspended as pro7
Government Code Section 65913.5. If any such condition is determint
invalid this approval shall be invalid unless the City Council determines
project without the condition complies with all requirements of law.
5 8. Approval of this request shall not excuse compliance with all sections of thc
Ordinance and all other applicable City ordinances in effect at time of
6 permit issuance.
7 9. Trash receptacle areas shall be enclosed by a six-foot high masonry wall w:
8 pursuant to City standards. Location of said receptacles shall be approve
Planning Director. Enclosure shall be of similar colors and/or material
9 project to the satisfaction of the Planning Director.
10 10. All roof appurtenances, including air conditioners, shall be architecturally in
11 and concealed from view and the sound buffered from adjacent proper
streets, in substance as provided in Building Department Policy No. 804
12 satisfaction of the Directors of Planning and Building.
13 11. An exterior lighting plan including parking areas shall be submitted for I
impacts on adjacent homes or property. 14 Director approval. All lighting shall be designed to reflect downward and a
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12. No outdoor storage of material shall occur onsite unless required by the Fil
In such instance a storage plan will be submitted for approval by the Fire C
the Planning Director.
13. The applicant shall prepare a detailed landscape and irrigation plan which
submitted to and approved by the Planning Director prior to the approval of
or building plans, whichever occurs first.
20 14. The developer shall install street trees at the equivalent of 40-foot interva
all public street frontages in conformance with City of Carlsbad standarc 21 trees shall be of a variety selected from the approved Street Tree List.
22 11 15. A uniform sign program for this development shall be submitted to the E
23 I1 Director for his review and approval prior to occupancy of any building.
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16. Building identification and/or addresses shall be placed on all new and
buildings so as to be plainly visible from the street or access road;
identification and/or addresses shall contrast to their background color.
17. The project shall provide onsite bus stop facilities as necessary at a locatior
to the satisfaction of the North County Transit District. Said facility st
minimum include a shelter, free from advertising, and a pole for the bus st
The shelter and pole shall be designed in a manner so as to not detract f
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basic architectural theme of the project and said design shall be subjec
approval of the Planning Director and North County Transit District.
18. A Coastal Development Permit is required and shall be granted for the proj
to the issuance of grading permits.
19. As part of the plans submitted for building permit plan check, the applic;
include a reduced version of the approving resolutions on a 24" x 36"
drawing. Said blueline drawing(s) shall also include a copy of any a]
Coastal Development Permit and signed approved site plan.
20. Prior to issuance of a grading or building permit, whichever comes first
report shall be prepared and submitted to the City of Carlsbad. If the soi
indicates the presence of potential fossil bearing material then a stand
phased program, on file in the Planning Department, shall be undertaken
possible significant impacts on paleontological resources under the directic
Planning Department.
21. Chainlink fencing or another barrier acceptable to the Planning Director
provided along the eastern property frontage. ,
22. Disclosure of the Encina Wastewater Treatment Facility and the fow
maximum continuous occupancy of any unit by the same person(s) shall be 1
to all potential purchasers of timeshare units.
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23. The street adjacent to the project shall be named Anacapa Street.
24. A barrier designed to the satisfaction of the Planning Director which will
pedestrians from accessing the bridge over Carlsbad Boulevard shall be ins
the satisfaction of the City Engineer prior to building occupancy.
h~eering:
25. Unless a standards variance has been issued, no variance from City Star
authorized by virtue of approval of this tentative map.
26. The applicant shall comply with all the rules, regulations and design requ:
of the respective sewer and water agencies regarding services to the projc
27. The applicant shall be responsible for coordination with S.D.G.&E., Pa(
Telephone, and Cable TV authorities.
28. Approval of this tentative tract map shall expire twenty-four (24) months :
date of City Council approval unless a fiial mag is recorded. An extensior
requested by the applicant. Said extension shall be approved or denie
discretion of the City Council. In approving an extension, the City COUI
impose new conditions and may revise existing conditions pursuant to
20.12.110(a)92) Carlsbad Municipal Code.
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29. The applicant shall defend, indemnify and hold harmless the City and its
officers, and employees from any claim, action or proceeding against the C
agents, officers, or employees to attack, set aside, void or null an approv,
City, the Planning Commission or City Engineer which has been brought ag
City within the time period provided for by Section 66499.37 of the Sul
Map Act.
30. Prior to issuance of a building permit for any buildable lot within the sub
the property owner shall pay a one-time special development tax in accorda
City Council Resolution No. 91-39.
31. Prior to final map approval, the applicant shall pay the current local drain
fee or shall construct drainage systems in conformance with Master Drain
and City of Carlsbad Standards as required by the City Engineer.
32. Prior to final map approval the applicant shall pay all current fees and
required.
33. Prior to final map approval, the owner shall enter into an agreement with
to pay any drainage area fees established as a result of the Master Drain:
Update.
34. Prior to final map approval, the owner of the subject property shall ex€
agreement holding the City harmless regarding drainage across the q
property-
35. Prior to the issuance of a grading permit or building permit, whichever occ'
the developer shall submit proof that a Notice of Intention has been subn
the State Water Resources Control Board.
36. Based upon a review of the proposed grading and the grading quantities SI
the tentative map, a grading permit for this project is required. Prior to fi
approval, the applicant must submit and receive approval for grading
accordance with City Codes and standards.
37. No grading shall occur outside the limits of the subdivision unless a grading
easement is obtained from the owners of the affected properties. If the a
is unable to obtain the grading or slope easement, no grading permit will bf
In that case the applicant must either amend the tentative map or change t:
so grading will not occur outside the project site in a manner which subs1
conforms to the approved tentative map as determined by the City Engin
Planning Director.
38. Prior to hauling dirt or construction materials to or from any proposed cons
site within this project, the applicant shall submit to and receive approval f
City Engineer for the proposed haul route. The applicant shall comply
conditions and requirements the City Engineer may impose with regard
hauling operation. 11 PC RES0 NO. 3691 -6-
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39. The developer shall exercise special care during the construction phase
in accordance with the Carlsbad Municipal Code and the City Engineer. R
project to prevent offsite siltation. Planting and erosion control shall be 1
Chapter 11.06.
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4 40. Additional drainage easements may be required. Drainage structures
provided or installed prior to or concurrent with any grading or building p
5 may be required by the City Engineer.
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41. Prior to issuance of building permits, the applicant shall underground all
overhead utilities within the subdivision boundary.
42. Direct access rights for all lots abutting Carlsbad Boulevard shall be waive
final map.
43. The applicant shall comply with the City's requirements of the National P
Discharge Elimination System (NPDES) permit. The applicant shall prov
management practices to reduce surface pollutants to an acceptable level
discharge to sensitive areas. Documents and plans for such improvements
approved by the City Engineer prior to approval of the final map, issu
grading or building permit, whichever occurs first. These documen
incorporate the following:
1. An ongoing program shall be established to remove dirt, litter, ar
debris from the surface of private streets and recreational areas b
sweeping or other means.
a. 11. Toxic chemicals or hydrocarbon compounds such as gasoline, mc
antifreeze, solvents, paints, paint thinners, wood preservatives ar
fluids shall not be discharged into any public or private street, or j
storm drain or stormwater conveyance systems. Use and disl
pesticides, fungicides, herbicides, insecticides, fertilizers and other E
treatments shall meet Federal, State, County, and City requirerr
prescribed in their respective containers.
... 111. Best management practices shall be utilized to eliminate or reduce
pollutants while maintaining or repairing landscaping and
improvements.
44. Plans, specifications, and supporting documents for all public improvemer
be prepared to the satisfaction of the City Engineer. Prior to approval of t
map in accordance with City Standards, the applicant shall install, or agree tl
and secure with appropriate security as provided by law, improvements sh
the tentative map and the following improvements:
a. Full width street improvements to Anacaga Road (Ponto Drive) al
project frontage. Improvements shall include curb, gutter, sidewalk,
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paving, street lights, and installation of a cul-de-sac bulb at the nod
of Anacapa Road.
b. Storm drain, sewer, and water lines, as shown on the tentative ma
c. An at-grade signalized intersection with Carlsbad Boulevard at the :
boundary of the project as shown on the tentative map and
satisfaction of the City Engineer. These improvements shall inc
following:
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0 The road connecting Anacapa Road with Carlsbad Boulew
have a 60' right-of-way width and a 40' paved width. Sidew
be provided on the north side.
barricaded to traffic. The northbound entrance ramp ma^
0 The ramps on the south and west sides of the bridge
0 The vertical alignment on klsbad Boulevard shall be adjl open to traffic.
grading, repaving, and associated road improvements to m
new intersection and in accordance with City standards.
12 45. A list of the above improvements shall be placed on an additional map she(
13 final map per the provisions of Sections 66434.2 of the Subdivision Map Ac
improvements shall be constructed within 18 months of approval of the 14 improvement agreement or such other time as provided in said agreemen ' 5 Carlsbad Municipal Water District:
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17 evaluated in detail to ensure that adequate capacity and pressure for d
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46. The entire potable and non-potable water system for subject project
landscaping and fire flow demands are met.
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47. The developer's engineer shall schedule a meeting with the District Engineel
preparation of the water system improvement plans.
City Fire Marshal and review the preliminary water system layout
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48. The developer will be responsible for all fees and deposits plus the majo
charge which will be collected at time of issuance of building permit. The d
collected at issuance of application for meter installation. 23
shall pay a San Diego County Water Authority capacity charge which
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49. This project is approved upon the express condition that building permits
be issued for development of the subject property unless the water districl
the development determines that adequate water and service is available at
of application for water service and will continue to be available until
occupancy.
50. a. Concurrent with development, the developer shall install a portio
public sewer system per City and District approved improveme
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entitled "La Costa Downs, SP-201, P.D. 414, City Dwg. No. 331-8
89-C.294."
b. A private pump system shall be provided to meet the demand flo~
new structure as determined by the District.
51. a. Concurrent with development, the developer shall install a portic
public water system as per City and District approved improvemen1
La Costa Downs as described in Condition 47a.
b. Prior to issuance of a building permit, the developer must meet 2
requirements as set forth by the Fire Marshal.
c. Concurrent with development, the developer shall install a 10" wata
pressure regulating station 'loop" system from Solamar Estates sou
the La Costa Downs System. The 10" loop system is per the
approved Water Master Plan. Therefore, the District will enter
reimbursement agreement with the developer and will payback the d
the District's fair share of construction costs.
Police Department:
152. Aisle, passageways, and recesses related to and within the complex
illuminated with an intensity of at least twenty-five one hundredtl
~ footcandles at the ground level during the hours of darkness.
53. Parking areas shall be illuminated with an intensity of at least one (1) fol
at the ground level during the hours of darkness.
54. Lighting devices shall be protected by weather and vandalism-resistant co
55. The exterior landscaping should be kept at a minimal height and Nlnes
police, security services and the general public surveillance capabilities of 1
Shrubs shall be low profile. Trees shall not be planted where as to provid
to the roof and balconies. Trees and shrubs shall be pruned away from li I 56. Fences shall be of the see-through variety for the purpose of sutveillancr
should be pruned away from fences so as to not provide access over tk
Thick foliage at the fence line impairs yard visibility and conceals a breac
fence.
57. Security plants can be used to deter access into areas.
58. All wooden doors in the complex shall be of solid core construction with a II
thickness of one and three fourths (1 3/4) inches. All doors shall be equip1
a single cylinder deadbolt lock.
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59. All entry and exit doors shall be arranged so that the occupant has a vie.
area immediately outside the door without opening the door. Except f
requiring a fire protection rating which prohibits thq such view may be :
by a door viewer having a field of view of not less than 190 degrees. 11
height shall not exceed fifty-four inches from the floor.
60. It is not recommended to place glass panels within forty inches of a lockin;
61. Sliding Doors - Horizontal sliding doors shall be equipped with a metal gu
at top and bottom. The bottom track shall be so designed that the door c;
lifted from the track when the door is in the locked position. The door s
be equipped with security hardware such as a pin.
62. French doors shall be equipped with a single cylinder deadbolt lock.
63. Double Doors - The inactive leaf of a double door shall be equipped with mc
bolts having a minimum embedment of five-eights (5/8) inch into the 1
threshold of the door frame.
64. Single Cylinder Deadbolt - Deadbolt locks shall be installed on all access do
cylinder shall have a five pin tumbler, and shall be connected to the inna
of the lock by connecting screws.
65. Deadbolt shall have a minimum protection of one-inch and be constructed
repel cutting tool attacks. The dead-bolt shall have an embedment of at le:
fourths inch into the strike plate area.
66. Strike Plate and dead-bolt are to be installed with wood screws that are thrt
in length.
67. Hinges for out-swinging doors shall be equipped with nonremovable hing
a mechanical interlock to preclude removal of the door from the ext
removing the hinge pins.
68. Aluminum sliding windows shall be equipped with security hardware that
the window from being lifted out when the window is in the locked posil
69. Double Hung and Crank windows shall be equipped with security hardw
70. Louvered windows are not recommended.
71. Key access shall be required to all amenities.
72. There shall be no cornmon attic/crawl space between units.
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73. Channel maintenance for the Encina Creek intended path shall be req
adequately assure positive drainage and alleviate backwater problem at
Treatment Plant. Maintenance shall be to the satisfaction of the Co:
Services Director.
74. The storm drain system at the northerly side of Anacapa Road shall be cc
to the satisfaction of the City Engineer.
Building:
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75. The project shall comply with the latest disabled access building regulations
at the time of building permit application.
76. The project shall comply with the current codes and ordinances of the City
10 at the time of building permit application.
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- Fire:
7'7. prior to the issuance of building permits, the applicant shall submit c
13 building plans which shall be approved at the discretion of the Fire Marsh
l4 78. The applicant shall install additional onsite public water mains and fire hyd
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1 6 79. The applicant shall submit a site plan to the Fire Department, which depicts
of required, proposed and existing public water mains and fire hydrants. 1
17 shall include offsite fire hydrants within 200 feet of the project and :
18 reviewed and approved at the discretion of the Fire Marshal prior to the i
of building permits.
the satisfaction of the Fire Marshal.
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80. Prior to building permit issuance, a site plan depicting emergency access
driveways and traffic circulation shall be reviewed and approved by t
Marshal.
81. An all weather, unobstructed access road suitable for emergency service 7
shall be provided and maintained during construction. When in the opinio:
Fire Chief, the access road has become unserviceable due to inclement we;
other reasons, he may, in the interest of public safety, require that cons1
operations cease until the condition is corrected.
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Prevention Bureau for specifications and approvals prior to installation. 28 "Knox", key-operated emergency entry device. Applicant shall contact t
83. All security gate systems controlling vehicular access shall be equipped 27
before combustible building materials are located on the construction site. 26
82. All required water mains, fire hydrants and appurtenances shall be ope1
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1 84. Private roads and driveways which serve as required access for emergency
vehicles shall be posted as fire lanes in accordance with the requirements 01
2 17.04.020 of the Carlsbad Municipal Code.
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85. Plans and/or specifications for fire alarm systems, fire hydrants, autom
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an aggregate floor area exceeding 10,000 square feet. 6
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87. The applicant shall provide a street map which conforms to the fc 7
requirements: A 4-00 scale photo-reduction mylar, depicting proposed impro.
and at least two existing intersections or streets. The map shall also clear1
sprinkler systems and other fire protection systems shall be submitted to
Department for approval prior to construction.
86. An approved automatic fire sprinkler system shall be installed in building
9 street centerlines, hydrant locations and street names.
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88. A monument sign shall be installed at the entrance to the driveway or prim
indicating the addresses of the buildings onsite.
12 PASSED, APPROVED, AND ADOPTED at a regular meeting of the F
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Commission of the City of Carlsbad, California, held on the 17th day of August, 1
the following vote, to wit:
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AYES: Chairperson Savary; Commissioners Welshons, Noble, (
Nielsen, and Monroy.
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NOES: None.
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ABSENT: Commissioner Erwin.
ABSTAIN: None.
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I PEG~s~M~RY, Chairperson / CARLSBAD PLANNING COMMISSION
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ATTEST:
26 MICHAEL J. &ZMII!~ER
PLANNING DIRECTOR
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