HomeMy WebLinkAboutCT 89-22; BAYWALK; Tentative Map Exhibit1 of 2
TENTATIVE MAP MAJOR
PLANNING COMMISSION RESOLlJTION NO. 2989
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, CONDITIONALLY APPROVING A TENTATIVE TRACT O"l
PROPER'IY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
CHINQUAPIN AVENUE AND HAR.RISON STREET.
CASE NAME: BAYWALK
CASE NO.: CT 89-22
WHEREAS, a verified application for certain property ro Mr:
Lots l and 2 in Block "A" of resubdivided portion of tracts 238 and 243 of Thum
Lands, in the City of Carl<bad, County of San Diego, State of California,
according to the map thereof no. 2103, filed in the office of the County Recorder
of San Diego County, April 3, I 928.
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 21 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of April, 1990, and the 18th
day of April, 1990, hold duly noticed public heatings as prescribed by law to consider said
request; and
WHEREAS, at said public heating, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to· be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows·
A) That the above recitations are true and correct.
B) That based on the evidence presented ar the public hearing, the Commission hereby
APPROVES CT 89·22, based on the following findings and subject to the following
conditions:
Findings:
I. The project is consistent with the City's General Plan since the proposed density of 11.2
du's/acre is within the density range of 8-15 du's/acre specified for the site as indicated
on the Land Use Element of the General Plan, and is below the growth control point of
1 J.S.
2. The site is physically Sui.table for the type and density of the development since the site
is adequate in size and shape to accommodate residF.ntial development at the density
proposed.
3. The Planning Commission h.as, by inclusion of an appropriate condition to th.is project,
ensured building permits will not be issued for the project unless the City Engineer
determines that sewer service is available, and building cannor occur ¼ithin the project
unless sewer service remains available, ar.d the Pb.n..."1.lilg Commission is saLisfie<l Lhat the
requirements of the Public Facilities Element of the Gennal Plan have bee:n mer insofar
as they apply to sewer service for this project.
4. School fees will be paid to ensure the availability of school facilities m the Carlsbad
Unified School District.
5. Park•in-lieu fees are required as a condition of approval.
6. All necessary p~bl.ic improvements have been provided or will be required as conditions
of approval.
?. The applicant has agreed and is required by rhe inclusion of an appropriate condition
to pay a public facilities fee. Performance of that conrract 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.
8. The proposed project is consistent with the City's Planned Development Ordinance and
also complies with the Design Guidelines Manual.
9. The proposed project IS compatible wirh the surrounding future land uses srnce
surrounding properties are designated for RLM & RMH development on the General Plan.
10. This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on November 15, 1989, and
approved by the Planning Commission on April 18, 1990. In approving this Negative
Declaration the Planning Commission has considered the initial study, the staff analysis,
aU required mitigation measures. and any written comments received regarding the
significant effects this project could have on the environment.
11. The applicant is by condition, required to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability
of public facilities and will mitigate any cumulative impaCcs created by the project.
12. This project is consistent with the City's Growth Management Ordinance as it has oeen
conditioned to comply with any requirement approved as part of the Local Facilities
Management Plan for Zone 1.
Conditions:
I. Approval is granted for CT 89-22, as shown on Exhibit(s) "A"-"F", dated April 4, 1990,
incorporated by reference and on file in the Planning Department. Development shaU
occur substantially as shown unless otherwise noted in these conditions.
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 prior to issuance of building permits or improvement plan submittal, wluchever
occurs first.
3. Th.is project is approved upon the express condition that building permits will noc be
issued for development of the subjecr propeny unless the City Engineer determines that
sewer facilities are available at the time of application for such sewer permits and will
continue to be available until time of occupancy. This note shall. be placed on the final
map.
4.
5.
6.
7.
8.
9.
JO.
11.
12.
13.
14,
1S.
16.
17.
19.
20.
21.
22
23.
24.
25.
26.
21.
This project is also approved under the express condition that the applicant pay the
public facilities fee adopted by the City Coundl on July 28, 1987 and as amended from
time to time, and any development fees established by the City Council pursuant to
Chapter 21.90 of the Carlsbad Munidpal Code or other ordinance adopted to implement
a growth management system or facilities and improvement plan and to fulfill the
subdivider's agreement to pay the public facilities fee dated June 15, 1989, a copy of
which is on file with the City Clerk and is incorporated by this reference. lf the fees are
not paid this application will not be consistent with the General Plan and approval for
this project will be void. ·
The applicant shall pay park-in-lieu fees to the City, prior to the apprpval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
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.
Water shall be provided to this project pursuant to the Water Service agreement 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 Zone I Local
Facilities Management Plan approved by the City Council on September 1, 1987,
incorporated herein and on file in the Planning Deparonent and any future amendments
to the Plan made prior to the issuance of building permits.
If any condition for construc!J.on of any public improvements or facilities, or the payment
of any fees in lieu thereof, imposed by this approval or imposed by law on this project
are challenged this approval shall be suspended as provided in Govemment Code Section
65913.S. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requiremen(s of law.
Approval of this requesc 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.
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 Conrrol Point for this designation
is 11.5 dwelling units per nonconstrained acre.
All Parcels 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 all parcels under the General Plan and Chapter 21.90 of the
Carlsbad Municipal Code:
The applicant shall establish a homeowner's association and corresponding covenants,
conditions and restrictions. Said CC&R's shall be submitted to and approved by the
Planning Director prior to final map approval.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and srreecs, in
substance as provided in Building Department Policy No. 80·6, to the satisfaction of the
Directors of Planning and Building.
An exterior lighting plan including parking areas shall be submined for Planning Director
approval. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or propeny.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading or
building permits, whichever occurs first.
A master plan of the existing oruite o-ees shall be provided to the: Planning Director as
pan of the final grading plan to determine which rrees shall be required to be preserved,
relocated or replaced prior to the issuance of a grading permit or a building permit,
whichever occi= first. Those trees which an-approV<XI for rrmoval shall be replaced on
a tree-foe-tree basis as required by the Planning Director.
All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, rrash, and debris.
The developer shall install street trees at the equivalent of 40-foot intervals along all
public srreer frontages in conformance with City of Carlsbad standards. The trees shall
be of a variety selected from the approved Street Tree List.
Any signs proposed for this development shall at a minimum be designed in conformance:
with the City's Sign Ordinance and shall require re-oew and approval of the Planning
Director prior ro i.nstallation of :.such signs.
Building idennfication and/or addresses shall be placed on all new and existing building,
so as to be plainly visible from the street or access road; color of identification and/or
addresses shall contrast to their background color.
The developer shall display a current Zoning and Land Use Map in the sales office at all
times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps that are distributed or made available to the public shall include but not
be limited co trails, future and existing schools, parks, and streets.
This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the prnject are rented, the IIllil.llllum time increment for
such rental shall be not less than 26 days. A condition so stating this shall be placed
in the CC&R's for the project.
As part of the plans subnurted for building permit plan check, the applicant shall include
a reduced version of the approving resolution/resolutions on a 24" x 36" blueline
drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal
Development Perm.it an'<l signed approved site plan.
Prior to issuance of a grading or building perm.it, whichever comes first, a soils report
shall be prepared and submirred to the City of Carlsbad. If the soils repOJ1 indicates the
presence of potential fossil bearing material then a standard two phased program, on file
in the Planning Deparonent, shall be underraken to avoid possible significant impacts on
paleontological resources under the direction of the Planning Department.
The CC & R's shall expressly prolul,it outdoor storage within priva1" patios that is visible
from the public street.
The landscape plan shall include minimum 15 gallon trees, 5 gallon shrubs, and a mix
of bo,: size trees to be determined by the Plamring Director.
28.
29.
30.
SUBDIVISION
Any changes made to this approval dated April 18, 1990 as a result of the Coastal
Commission Permit process shall be reviewed for substantial confonnance by the
Planning Director prior to final map approval or issuance of a grading permit. whichever
occurs first.
Each unit shall be equipped with an automatic garage door open<:£. Garage doors shall
be of th.-"roll up" type.
Each unit shall be required to have separate water service and meters.
31. Design droiiis and materials for perimeter walls, feru:es, recreation areas, onsite paving
and other items not specifically denoted as a part of this application. shall be reviewed
and approV<XI by the City Planner prior to the issuance of building permits.
32. The project irrigation shall be designed to easily adapt to a reclaimed water system.
33. Prior to recordation of the first final rract/parcel map or issuance of building permits,
whichever is first, the owner shall prepare and record a notice that this property may be
subject to impacts from the proposed or existing Transportation Corridor in a manner
meeting the approval of the Planning Director and City Arromey.
Engineering:
34. All required fire hydrants, water mains, and appurtenances shall be operational prior to
combustible building materials being located on the project site.
35. Additional public water lines and onsite fire hydrants may be required, pnor to
development of the project, subject to the approval of the Fire Marshal.
36. This project has been reviewed for conformancy with the grading ordinance and found
to be a project 1or which a grading permit is required. Prior to any building permits
being issued for the site, a grading plan in conformance with City Standards and Section
11.06 of the Carlsbad Municipal Code, must be submitted, approved and grading work
must be completed to the satisfaction of the City Engineer. All slopes within this project
shall be graded no steeper than two horizontal to one vertical unless specifically
approved other-vise pursuant to these conditions.
37. No grading permits shall be issued for this subdivision prior to recordarion of the final
map.
38. The developer shall obtain a grading permit prior to the commencement of any cleating
or grading of the site.
39. No grading shall occur outside the limits of the subdivision unless a letter of permission
is obtained from the owners of the affected properties.
40. Prior to hauling dirt or construction materials to any proposed construction site within
this project the developer shall submit to and receive approval from the City Engineer
for the proposed haul route. The deV<1loper shall comply with all conditions and
requirements the City Engineer may impo~e with regards to the hauling operation.
41. Additional drainage easements and drainage structures shall be provided or mstalled as
may be required by the City Engineer.
42. The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer shall
be made by a certificate on the final map for this project. All land so offered shall be
granted to the City free and clear of all liem and encumbrances and without cost rn the
City. Streets th.at are already public are not required to be rededicated.
43. Harrison Street shall be dedicated on the final map by the developer along the
subdivision frontage based on a center line to right-of-way width of 30 feet and in
conformance with City of Carlsbad Standards.
44. Locust Street shall be dedicated on the final map by the developer along the subdivision
frontage based on a center line to right-of-way width of 30 feet and in conformance with
City of Carlsbad Standards.
45. Plans, specifications, and supporting documents for all improvements shall be prepared
to the satisfacrion of the City Engineer. Prior to approval of the final map, the
Subdivider shall install, or agree to install and secure with appropriate security as
provided by law, improvements shown on the tentative map and the following
improvements to City Standards to rhe satisfaction of the City Engineer:
A_ Full half street improvements along the project frontage of Chinquapin
Avenue, including the complete cross-gutter across the intersection of
Harrison Street and associated street improvements to allow smooth
transitions to the cross-gutter.
B. Full half street improvemenrs along the project frontage of Harrison Street,
including the portion of the cross-gutter across the inten.ection of Locust
Street.
c_ Full half-street improvements along the project frontage of Locust Street
including an additional 13 feet of pavement south of the centedine.
Assuming Lorust Street has not been improved to the east of this
subdivision, the owner shall also construct an M-9 guard post and barricade
with a gate and "Knox• lock across Locust Street right-of-way at the easterly
boundary of the project. Additional pavement to provide a temporary
turnaround within the existing right-of-way south of the centerline shall
also be provided.
D. All match lines of new pavement to existing shall be saw cur and the
asphalt feathere<I to provide a smooth road surlace.
46. improvements listed above shall be constructed within 12 months of final map appronl
and/or improvement plan approval, whichever occurs first.
47. Unless a standard variance has been issued, no variance from City Standards IS
authorized by virtue of approval of this tentative map.
48. The developer shall construct private street accesses to public streets in such a way as
to clearly designated that the private streets are not a portion of the public street system.
The developer shall place a plaque-type sign with the legend, "PRIVATE STREET
BEYOND THlS POINr, at the access point to private streets from public streecs. The
script on the sign shown above shall be capital leners of a size and contrast such as to
be readable for a normally sighted person at a distance of 20 feet. The provisions of this
condition shall be met to the satisfaction of the City Engineer prior to issuance of a
Certificate of Occupancy for any portion of this project.
49.
so.
The developer shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
Th.is project is approved specifically as I (single) phase.
CT-NO. 89-22
51.
52.
The devcloper shall j'Jfll,vide an acceptable means for mainraining the easements witm)'t
the subdivision and all the streets, sidewalks, street lights, storm drain facilities and
sewer facilities located therein and to distribute the costs of such maintenance in an
,:quitable manner among the owners of the unics within the subdivision. Provision for
maintenance of all privat,, streets and other private facilit:i,,s noted above shall be made
within th.-CC&R's for this project subject to the approval of the City Engineer.
All private driveways shall be kept clear of parked vehicles at all times, and shall have
posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad
Municipal Code.
53. The Subdivider shall provide separate sewer, water, gas, and elecoic services with meters
to each of the units.
54. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone,
and Cable 'IV authorities.
55. 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 exrension shall be approved or denied at the discretion
of the Planning Commission. In approving an exrension, the Planning Commission may
impose new conditions and may revise existing conditions.
56. Prior to approval of the final map the developer shall enter into an agreement with the
City to pay any drainage area fees established as a result of the forthcoming Master
Drainage Plan Update.
57. The developer shall install sidewalks along th.-private street as shown on the tentative
map and also at the following locations:
a. Adjacent to the southerly curb of the privat,-street from Harrison Street around
the comer to the driveway of unit number 29;
b. from the driveway of unit number 24 adjacent to the cwb to the sidewalk next
to the visitor parking stalls.
S8. The design of all private streets and drainag.-sy.,tems shall be approved by the City
Engineer and secured with appropriate securities prior to approval of the final map for
this project. The structural -lion of all private streets shall conform to City of Carlsbad
Standards baaed on R-value tests. All private streets drainage systems shall be inspected
by the City, and the standard improvement plan check and inspection fees shall be paid
prior to approval of the final map for th.is project.
S9. The developer shall underground all uisting cm,rliead utility lino along the boundary
of the subdivision prior to occupancy of any of the units, uni= approV<XI otherwise by
the City Engineer.
60. · The developer shall submit appro""1 of the California State Coastal Commission prior to
final map approval
Carlsbad Municipal Water District Conditions:
61. The entire potable and non-potable water system/systems for subject project shall be
evaluated in detail to en.sure that adequate capacicy and pressure for domestic,
landscaping and fire flow demands are met.
62. The developer's engineer shall schedule a meering with the District Engineer and the City
Fire Marshal and review the preliminary water system layout prior to preparation of the
water system improvement plans.
63. The developer will be responsible for all fees and deposits plus the major facility charge
which will be collected at time of issuance of building permit.
64. A new water main per District standards shall be installed in Locust Street.
Fire:
65. Prior to the issuance of building permits, complete building plans shall be submitted to
and approved by the Fire Deparonent.
66. Additional public and/or on.site fir, hydrants shall be provided if deemed necessary by
the Fire Marshal,
67. The applicant shall submit two (2) copies of a site plan showing locations of existing
and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
68. An all-weather access road shall be maintained throughout construction.
69. All required fire hydrants. water mains and appurtenances shall be operational prior to
combustible building materials being located on the projecr site.
70. All pnvate driveways shall be kept clear of parked vehicles at all times, and shall have
posted "No Parking/Fire Lane -Tow Away Zone" pursuant to Section 17,04.040, Carlsbad
Municipal Code.
71. Fire retardant roofs shall be required on all structures.
72. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and
other systems pertinent to the project shall be submitred to the Fire Deparrment for
apprnval prior to conscrucrion.
73. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four.
hour fire walls with no openings therein which shall split the building into 10,000 sq.
ft. (or less) areas.
74. The project shall provide noise attenuation within all private and common recrt:ation
an-as to lelltl, at or below 60 dbA at points five feet or greater from the property line
e:i:cept along Chinquapin A..,..,,ue where the noise shall be mitigated inside the sound
wall and ten feet from the dwelling units.
75. Appro""1 of CT 89-22/PUD 89-10 is subject to the approval of an administrative vruiance
for a wall height e:ICeeding 42" in the front yard setback. Th,: wall shall not be located
more than 15' from the wiits on Chinquapin Avenue as re.fleeted on Exhibit "A" dated
4/4/90.
76. Mechanical ventilation shall be provided foe th°"' wiits facing Ch.inquapin Av.,;u,_
77. A eontinuous masonry block wall shall be provided along the easterly propeny line hum
Chinquapin Avenue to Lorust Avenue.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
of the City of Carlsbad, California, held on the 18th day of April, I 990, by the following vote,
fO wit:
AYES:
NOES:
ABSENT:
ABSTAIN·
ATTEST:
Chairperson Schramm, Commissioners~ Holmes, McFadden, Erwin, Marcus.
& Hall.
None.
Commissioner Schlehuber.
None.
'!},ha,Uh(J /16~
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
MICHAEL J. HOt"ZMlLLER
PlANNING DIRECTOR
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MAJOR SUBDIVISION NO.
& PLANNED UNIT DEVELOPMENT
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THIS IS THE APPROVED TENTATIVE MAP/S1Tf
PLAN PER CONDITION NO __ 2_ OF PLANNING
COMMISSION RESOLUTION NO 2989
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DESIGNED
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CHECl<ED
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TENTATIVE MAP
FOR
GREG HEYDON
1.301 DOVE STREET. STE 750
NfWPORT BEACH, CA 92660
BRIAN SMITH ENGINEERS, fNC
2656 STATE STREET
CARLSBAD, CALIFORNIA 92008
(619) 729-8981
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CONRAD C HAMMANN RC E 33069
DATE
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