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SITE DEVELOPMENT PLAN & TENTATIVE MAP
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MAJOR SUBDIVISION CT. NO. 88 -~
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APPROVED
THIS IS THE APPROVED TENTATIVE MAP/SITE
PLAN PER CON DlTION NO . ..£~0F PLANNING
COMMISSION RESOLUTION NO, _____ ,
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DESIGNED: BRIAN SMITH ENGINEERS, INC.15EI -:7,/,/. 2656 Stote Street
DRAWN: Carlsbad, Calif. 92008 /v~~'£~~qt
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TENTATIVE MAP MAJOR
PLANNING COMMISSION RESO!,UI ION NO. 2891
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAO, CALIFORNIA, RECOMMENDING APPROVAL or A SEVEN
UNIT DUPLEX PROJECT ON PROPERTY GENERALLY LOCATED ON A
1.57 ACRE SITE SOUTH or KNOWLES AVENUE BETWEEN DAVIS
AVENUE AND INTERSTATE 5.
APPLICANT: LEWIS/ELSBREE
CASE NO.: Cl 8.,,,s__,-6'1-i/_,_P.,.UD"----"8"'--8~-7 ______________ _
WHEREAS, a verified application For certain property to wit:
Lots 7 through 12 exclusive and Block 13 of Sunny Slope
tract in tl,e City of Carlsbad, County of San Diego,
State of Cal iFornia according to Map thereof No. 486
filed in the office of the County Recorder of San Diego
County April 7, 1888.
has been filed wi Lh 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 19th day of July, 1989,
hold a duly noticed public hearing as prescribed by law to consider said
request; and
WHEREAS, at sa·id public hearing, upon hearing and considering all
testimony and arguments, if any, of an persons des·iring tu 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)
BJ
That ttie above recitations are true a11d correct.
That based on the evidence presented at Lhe pub-lie hearing, the Commission
recmmnends APPROVAL of CT 88-6/PUD 88-7, based on the Following Findings
and subject to the following conditions:
Findinys:
I. The project is consistent with the City's General Plan. The proposed
2.
density of 4.56 du's/acr-e is belm, the density range of 8-15 du's/acre
specified for the site as ind'icated on the Land Use Element of the General
Plan, and is belo11 the growth control point of 11.5 dus/acre. The project
site is between residential low medium and residential medium high land
use des·iynat·ions. As such the project's densily prov·ides a transition
between hi ylier intensity land uses to the east and sou th and lower
intens·iLy ·1and uses to the west and north.
ll,e site is physically suitable for
development since lhe site Is relatively
tu accommodate the duplex dwellings.
the type and density of the
flat and has adequate dimensions
3. The Plannir1g Commission has, by inclusion of an a11propriate condition to
th·is project, ensured Ltwt the fina·1 map v,in not be approved unless the
City Council finds that se11er service is available to serve the project.
In addit·ion, the Plarrning Commission has added a condition that a note
shall be placed on the final map that building permits may not be issued
for the project unless the City Engineer determines that sewer service is
avai·lable, and building cannot occur within the project unless sewer
service re1nains available, and the Planning Commissio11 is satisfied tl1at
the requireme11ts of the Public Faci Ii ties Element of the General Plan have
been met insofar as they apply to sewer service for this project.
4. School fees will be paid tu ensure the availability of school facilities
in the Carlsbad School District.
5.
6.
7.
8.
9.
IO.
Park-in-l·ieu fees are required as a conditiori of approval.
Al I necessary pub·! ic improve111ents have been provided or v1i"ll be required
as conditions of approval.
The applicant has agreed and is required by the ir,clusiun of an
appropriate condition to pay a public facilities ree. Performance of lhal
contract and payment of the fee will enable this body to Find tl,at public
facilities will be available concurrent with need as re4uired by the
General PI an.
Assurances have been given that adequate sewer for lhe project will be
provided by the City of Carlsbad.
The proposed projecl is consistent with tire City's Planned Uevelopment
Ordinance and a·lso co111µl ies with lhe Design Guide! ines Manual.
This project will riot cause any significant enviror1mer1tal l1npacts and a
Negative Declaration has been issued by the Planning Director on March
29, 1989 a11d approved by the Planning Commission on July 19, 1989. In
approving this Negat·ive Oec·laration the P'lanniny Commission has cons·idcred
the initial study, the slaFf analysis, all required mitigation measures
and any 11rltten comments received regarding the significant effects this
project could have on the environment.
II. 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 Faci Ii ti es Management Pl an For Zone l.
Pl a.nD i nq Cond "LU2D.2.:
!. Approval is granted for CT 88-6/PUD 88-7, as shown on Exhibit(s) "A" -
11 E11 , dated March 13, 1989, incorporated by reference and on file in the
Planning Uepartment. Development shall occur substantially as shown
ur1less ollierwise noted in these condltloris.
2. The developer shal I provide the City with a reproducible 24" x 36", 100
scale mylar copy of the tentative map and site plan as approved by the
Planning Commission. The tentative map and site plan shall reflect the
conditions of approval by the City. The map and plan copy shall be
submitted to the City Engineer prior to issuance of building permits or
improvement plan submitta·1, whichever occurs first.
3. This project is approved upon the express condition that the Final map
shall not be approved unless the City Council Finds as of the time of such
approval t!1at sewer service is available to serve the subdivision.
4. This project is also approved under the express condition that the
applicant pay the pub] ic Faci I ities 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 pursuant to Chapter 21.90 of the Carlsbad
Municipal Cude or other ordinance adopted to implement a growth management
system or facilities and improvement p·lan and to fulfill the subdivider's
agreement to pay the public facilities fee dated September 27, 1988, a
copy of which is on file with the City Clerk and is incorporated by this
reference. IF the fees are not paid this app-lication will not be
consistent slith the General Plan and approval for this project will be
void.
5. The applicant shall pay park-in-lieu fees to the City, prior to the
approval of the final map as required by Chapter 20.44 of lhe Carlsbad
Municipal Code.
6. The applicant shal I 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
appl icatiun.
7. Water shall be provided to this project pursuant to the Water Service
agreement between the City of Carlsbad and the Costa Real Water District,
dated May 25, 1983.
8.
9.
JO.
11.
12.
13.
14.
15.
16.
17.
18.
19.
This project shall comply with all conditions and mitigation required by
the Zone I Loc.-1 Facilities Management Plan approved by the City Council
on September I, 1987, incorporated herein and on file in the Planning
Department and any future amendments to the Plan made prior to the
issuance of building permits.
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 on this project are challenged Lhis approval
shall be suspended as provided in Government Code Section 65913.5. IF
any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the
condilion complies wilh an requirements of la1>1.
Approval of this request shall nut excuse compliance with all sections of
the Zoning Ordinance and al I other applicable City ordinances in effect
at time of build·ing permit issuance.
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 streets, pursuant to 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 submitted For
Planning Director approval. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property.
No outdoor storage of material shall occur onsite unless required by the
Fire Chief. In such instance a storage plan will be submitted far
approval by the Fire Chief and the Planning Oirector.
The applicant shal I prepare a detailed landscape and irrigation plan which
shall be submitted to and approved by the Planniog Director prior to the
issuance of grading or building permits, wt1ichever occurs first.
All parking lot trees shall be a minimum of 15 gallons in size.
All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debr·i s.
Any signs proposed for this development shat I at a m1n1mum be designed in
conformance v1ith the City's ShJn Ordinance and shall require review and
approval of lhe Planning Director prior to installation of such signs.
Building identification and/or addresses shall be placed on all new and
existing buildings so as to be plainly visible From the street or access
SUBDIVISION CT-NO. 88-6
road; color of ident"ification and/or addresses shall contrast to their
background color.
20. ·1·his project is being approved as a condominium permit for residential
home ownership purposes. If any of the units in the project are rented,
lhe minimum Lime 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.
21. The developer shall display a current Zoning and Land Use Map in the sales
office at an t·imes, or suitable alternative to the satisfaction of the
p·1anning Dir·ector.
22. All sales maps tl,at are distributed or made available to the public shall
inch1de but not De ·1-imHed to trails, future and existing schools, parks,
and slreels.
23. Prior to recordalion of the first final tract/parcel map or issuance of
bui I ding permi ls whichever is f"irst, the owner/developer shall prepare
and record a notice lira t this property may be subject lo ·impacts from the
proposed or exi s t-i ng Interstate 5 Transportation Corridor in a matter
meeting the approval of the Planning Director and City Attorney.
24. Prior to issuance of grading/demolition/building permits, whichever occurs
first, the deve"loper shal I o FF er, free of a 11 liens and encumbrances, the
existing residential structures on the site to the llisturical Society.
The developer shall also provide the society with monies equal to the cost
of demolition of the two structures if and only if Lhe llislorical Society
can remove the buildinys from the project site. The Historical Society
must remove the Lui"ldings from the site ·in a time and manner that win not
de-lay or burden development or the site as per this Resolution.
Engineering Conditions:
25. The developer shall provide the City with a reproducible 24" x 36", JOO
scale mylar copy of the tentative map as approved by the Planning
Commission. fhe tentative map shal I 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, whichever
occurs f·i rst.
26. This project has been reviewed for conformancy with the grading ordinance
and found to be a project for 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 I I. 06 of the Carl shad
Muni ci p.-1 Code must be submitted, approved and grading work must be
comrileled to the satisfaction of the City Engineer. All slopes within
this project sha1·1 be yraded no steeper than two horizontal to one
vertical uni ess specifically approved otherwise pursuant to these
cond i t·ions.
27. The grading for this project is defined as "control led grading" by Section
11.06.l?O(a) of the Carlsbad Municipal Code. Grading shall be performed
under Lhe observation of a civ"il engineer whose responsibility it shall
be to coordinate site inspection and testi-ng to ensure compliance of the
work with the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the Carlsbad
Municipal Code.
28. A separate grading plan shall be submitted and approved and a separate
grading permit issued for the borrow or disposal s·ite if located within
the city limits.
29. Prior to hauling dirt or construction materials tu any proposed
construction site within this project the developer shall submit to and
receive approval from the City Engineer for lhe proposed haul route. The
developer shan comply with all conditions and requirements the City
En<Jineer may impose with regards to the hali"l ing operation.
30. Additional drainage easements and drainage structures shall be provided
or installed as may be required by the City Engineer.
31. The owner of the subject property shall execute a hold harmless agreement
regarding drainage across the adjacent property prior to the approval of
lhe final map for this project.
32. Prior to approval of the final map the developer shall enler into arr
agreement w i lh the C-ity tu pay any drainage an~a fees established as a
result of the forthcoming Master Drainage Plan Update.
33.
34.
35.
The developer shall make an offer of dedication to the City For al I public
slreets and easements required by these condit·ions 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 liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated.
Knowles Avenue shall be dedicated by the developer along the subdivision
frontage based on a center line to right-of-way width of 28 feet and in
conformance with City of Carlsbad Standards prior to Final map approval.
Plans, speci ficat1ons, and supporting documents for all improvements shall
be prepared to the satisfaction 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
the salisfaction of the City Enyineer:
a) Sidewalk improvements along the subdivision frontage of
Knowles Avenue inc·luding a wheelcha·ir ramp at the corner of
Knowles Avenue and Lewis Lane.
b) Water mains, Fi re hydrant and sewer line.
36. Improveme,rts listed above shall be constructed within 12 months of final
n1ap approval and/or lmprovement plan approva·1, whichever occurs first.
3/. Unless a standard variance has Ueen issued, no variance from City
Standards is authorized by virtue of approval of this tentative map.
38. 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 Lhe legend, "PRIVATE STREET BEYOND THIS POINT", at
the access point to private streets from public streets. The script on
the sign shown above shall be capital letters 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.
39. The developer shal I install street lights along all public and private
street frontages ir, conformance with City of Carlsbad Standards.
40. The developer shall comply with all the rules, regulations and design
requirements of the respective sewer and water agencies regarding services
to the project.
41. This project is approved specifically as I (single) phase.
42. The design of all private streets and drainage systems shall be approved
by the City Engineer prior to approval of the Final map fur this project.
The structural section of all private streets shall conform to City of
Carlsbad Standards based on R-value tests. All private streets and
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 this project.
43. The developer shall provide an acceptable means for maintaining the
easements within 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 equltable manner among
the owners of the units within the subdivision.
44. The Subdivider shall provide separate sewer, water, gas, and electric
services with meters to eact1 of the units.
45. The developer shall be responsible for coordination with S.IJ.G.&E.,
Pacific Telephone, and Cable TV a11thorities.
46. Prior to approval or· the final map for this project, the owner shall give
written consent to the annexation of the area sl,own within the boundaries
of the site plan into the existing City of Carlsbad Street Lighting and
Landscaping District No. I.
47. Approval of this Lentative tract map shall expire twenty-Four months from
the date of CHy Counci"l approval unless a fina·1 map is recorded. An
extension may be requested by the applicant. Said extension shall be
approved or denied at lhe discretion of the City Council. In approving
an extens·ion, the City Council may impose new conditions and may revise
existing conditions.
48. The developer shall enter into an agreement to pay fees for undergrounding
of all existing overhead uti·I ity lines along the boundary of the
subdivision prior to final map approval.
49. Prior to final map approval, the developer shall grant a public easement
for any additional right-of-way necessary for the construction of the
whec.dchair ramp at the corner of Know·les Avenue and Lewis Lane.
Fire Conditions:
50. All required fire hydrants, water mains and appurtenances shall be
operational prior to combustible building materials being located on the
project site.
51. /\1·1 fire alarm systems, fire hydrants, extinguishing systems, automatic
sprinklers, and other systems pertinent to the project shall be submitted
to the Fire Department for approval prior to construction.
52. Provide 40W scale photo reduct·ion or mylar in accordance with
specifications available at the Fire Department for City mapping purposes.
Water Conditions:
53. The entire water sys tern for the subject project should be evaluated i rr
detail to ensure that adequate capacity for domestic, landscaping and fire
fl ow demands are met.
54. The developer's engineer shall schedule a meeting with the District
Engineer and the City Fi re Marshal and review the pre l inri nary water system
layout prior to preparation of lhe water system ·improvement plans.
55. The developer will be responsible for all fees and deposits plus the major
facility charge which will be co1·1ected at the time of issuance of
building permit.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of July,
1989, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAHI:
ATTEST:
MICHAEL J. flOLZMIL~ER
PLANNING Oil<EC 101<
Chairman Hall, Commissioners: Schlehuber, Schramm,
Erwin, Holmes & Marcus.
None.
Commissioner McFadden.
None.
MATTIIW IIALL, Chairman
CARLSBAD PLANNING COMMISSION
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