HomeMy WebLinkAbout1991-02-06; Planning Commission; Resolution 3148T
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PLANNING COMMISSION RESOLUTION NO. 3148
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL, FOR A 111 LOT SUBDIVISION FOR SINGLE
FAMILY HOMES ON PROPERTY GENERALLY LOCATED ON
THE SOUTHWEST CORNER OF CAMINO DE LOS COCHES
AND CALLE ACERVO, WEST OF CALLE BARCELONA.
CASE NAME: TIERRA SANTA FE
CASE NO.: CT 90-4
WHEREAS, a verified application for certain property to wit:
Parcels 3 and 4 of Parcel Map No. 13970, in the City of
Carlsbad, County of San Diego, State of California filed in the
office of the County Recorder of San Diego County September
25, 1985 as file no. 85-355261 of official records.
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WHEREAS, said verified application constitutes a request as provided by Title 12
has been filed 4th the City of Carlsbad and referred to the Pldng Co-ssion; and
13 21 of the Carlsbad Municipal Code; and
14 11 WHEREAS, the Planning Commission did, on the 6th day of February, 1991,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
17 // WHEREAS, at said public hearing, upon hearing and considering all testimony
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19 factors relating to the Tentative Tract Map.
and arguments, if any, of all persons desiring to be heard, said Commission considered all
2o I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Codssion
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22 A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission 24
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recommends APPROVAL of CT 90-4, based on the following findings and subject to
the following conditions:
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FilldhES:
1. The project is consistent with the City‘s General Plan since the proposed density of
3.2 du’s/acre is within the density range of 0-4 du’s/acre specified for the site as
indicated on the Land Use Element of the General Plan, and is at or below the
growth control point of 3.2.
2. The site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed.
3. The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project.
4. School fees will be paid to ensure the availability of school facilities in the San
Dieguito High School District and Encinitas Union Elementary 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 as
conditions of approval.
7. The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
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19 surrounding properties are designated for single family development on the General
8. The proposed project is compatible with the surrounding future land uses since
2o I Plan.
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9. This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on August 30, 1990 and
recommended for Approval by the Planning Commission on February 6, 1991. In
recommending approval of this Negative Declaration the Planning Commission has
considered the initial study, the staff analysis, all required mitigation measures and.
any written comments received regarding the significant effects this project could
have on the environment.
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10. The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
11. This project is consistent with the City's Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 11. 6
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Conditions: 9
treatment of the City's hillside resources.
12. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside
Ordinance) and meets all the requirements of that Chapter to ensure the sensitive
lo 1. Approval is granted for CT 90-4, as shown on Exhibit(s) "A" - "L", dated February
Development shall occur substantially as shown unless otherwise noted in these 11 6, 1991, incorporated by reference and on file in the Planning Department.
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2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of
the tract map as approved by the Planning Commission. The tract map shall reflect
the conditions of approval by the City. The tract map copy shall be submitted to
the City Engineer prior to issuance of building permits or improvement plan
submittal, whichever occurs first.
3. A 500' scale map of the subdivision shall be submitted to the Planning Director prior
to the recordation of the final map. Said map shall show all lots and streets within
and adjacent to the project.
4. This project is approved upon the express condition that building permits will not
be issued for development of the subject property 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. ...
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5. This project is also approved under the express condition that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987 and as amended
from time to time, and any development fees established by the City Council
pursuant to Chapter 21.90 of the Carlsbad Municipal 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
October 23, 1989, a copy of which is on file with the City Clerk and is incorporated
by this reference. If the fees are not paid this application will not be consistent with
the General Plan and approval for this project will be void.
6 6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
7 hal map as required by Chapter 20.44 of the Carlsbad Municipal Code.
8 7. The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule 9 in effect at the time of building permit application.
lo 8. This project shall comply with all conditions and mitigation required by the Zone
1988, incorporated herein and on file in the Planning Department and any future 11
amendments to the Plan made prior to the issuance of building permits. 12
11 Local Facilities Management Plan approved by the City Council in February,
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9. 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 this 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 condition complies with all requirements of law.
10. Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
11. Approval of CT 90-4 is granted subject to the approval of HDP 89-50.
12. 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
exceed the Growth Control Point except as provided by Chapter 21.90. The land
use designation for this development is RLM. The Growth Control Point for this
designation is 3.2 dwelling units per nonconstrained acre.
Control Point for each General Plan land use designation. Development cannot
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Parcels 255-031-22 & 23 were used to calculate the intensity of development under
the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision
of any one of these parcels must also include parcels 255-031-22 & 23 under the
General Plan and Chapter 21.90 of the Carlsbad Municipal Code."
13, The applicant shall submit a street name list consistent with the City's street name
policy subject to the Planning Director's approval prior to final map approval.
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14. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
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16. Preliminary landscape plans shall be submitted. 9
trees shall be of a variety selected from the approved Street Tree List.
15. The developer shall install street trees at the equivalent of 40-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The
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17. All landscape plans shall be prepared to conform with the Landscape Guidelines
Manual and submitted per the landscape plan check procedures on file in the
Planning Department.
18. Landscape plans shall be designed to minimize water use. Lawn and other zone 1
plants (see Landscape Guidelines Manual) shall be limited to areas of special visual
importance or high use. Mulches shall be used and irrigation equipment and design
shall promote water conservation. I 15 19. Prior to final occupancy, a letter from a California licensed landscape architect shall
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l8 ll 20. All herbicides shall be applied by applicators licensed by the State of California.
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1 21. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
21 II 22. The minimum shrub size shall be 5 gallons.
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23. One 15 gallon tree or larger shall be planted on each residential lot frontyard prior
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conformance with the City's Sign Ordinance and shall require review and approval 24 24. Any signs proposed for this development shall at a minimum be designed in
to occupancy of each unit.
of the Planning Director prior to installation of such signs.
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25. The project shall provide bus stop facilities at locations subject to the satisfaction
of the North County Transit District. Said facilities shall at a minimum include a
bench, free from advertising, and a pole for the bus stop sign. The bench and pole
shall be designed in a manner so as to not detract from the basic architectural
theme of the project and said design shall be subject to the approval of the Planning
Director and North County Transit District.
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26. 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.
27. All sales maps that are distributed or made available to the public shall include but
not be limited to trails, future and existing schools, parks, and streets.
28. As part of the plans submitted 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 Permit and signed approved site plan.
29, Prior to issuance of a grading or building permit, whichever comes first, a soils
report shall be prepared and submitted to the City of Carlsbad. If the soils report
indicates the presence of potential fossil bearing material then a standard two
phased program, on file in the Planning Department, shall be undertaken to avoid
possible significant impacts on paleontological resources under the direction of the
Planning Department.
30. Solid masonry sound attenuation walls to a maximum of 6' shall be provided on lots
1,17, 18,20, 35,38,39,68, 77, 78, 79,80, 1 lo, 11 1 and to a maximum of 7' on
lot 34 as shown in the noise analysis, report #90-86, dated March 27,1990. The
design of the sound attenuation walls and solid masonry privacy walls on comer lots
shall be reviewed and approved by the Planning Director prior to the issuance of
building permits.
31. Building floorplans, elevations and materials are a specific part of this approvd as
shown on (Exhibits "G" - '1").
Enpjneerinnn Conditions:
32. Unless a standard variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
33. The developer shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
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34. The developer shall be responsible for coordination with S,D,G.&E., Pacific 1 Telephone, and Cable TV authorities.
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35. AU concrete terrace drains shall be maintained by the homeowner's association (if
individually owned lot). An appropriately worded statement clearly identifying the
on commonly owned property) or the individual property owner (if on an
4 responsibility shall be placed in the CC&R's.
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36. Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a final map is recorded. An extension may be
requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may
impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a)(2) Carlsbad Municipal Code.
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37. 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.
38. The owner of the subject property shall execute a hold harmless agreement
regarding drainage across the adjacent property prior to approval of the final map
for this project.
39. The applicant shall agree to utilize reclaimed water, in Type I form, on the subject
property in all common areas as approved by the City Engineer. Reclaimed water,
as defined in Section 1305(n) of the California Water Code, means water which, as
a result of treatment of wastewater, is suitable for a direct beneficial use or
controlled use that would not otherwise occur.
40. Based upon a review of the proposed grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. Prior to issuance
of a building permit for the project, the applicant must submit and receive approval
for grading plans in accordance with City codes and standards, be issued a grading
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I approved grading plans.
21 41. The developer shall obtain a grading permit prior to the commencement of any
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42. Upon completion of grading, the developer shall ensure that an "as-graded" geologic
plan be submitted to the City Engineer. The plan shall clearly show all the geology
as exposed by the grading operation, all geologic corrective measures as actually
constructed and must be based on a contour map which represents both the pre and
post site grading. This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar or similar drafting
film and shall become a permanent record.
43. No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the developer
is unable to obtain the grading or slope easement, he must either amend the
Tentative Map or change the slope so grading will not occur outside the project site
in a manner which substantially conforms to the approved tentative map as
determined by the City Engineer and Planning Director.
44. A separate grading plan shall be submitted and approved and a separate grading
permit issued for the borrow or disposal site if located within the city limits.
45. 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 developer shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
46. The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chap 11.06.
47. Additional drainage easements and drainage structures shall be provided or installed
prior to the issuance of grading or building permit as may be required by the City
Engineer.
48. Prior to issuance of building permits for any lot within the subdi~on, a deed
disclosure shall be placed on the deed to these properties subject to the satisfaction
of the Planning Director and City Attorney notifying all interested parties and
successors in interest that soils and geologic conditions exist on such property
requiring remedial measures specified in geotechnical and soils reports submitted for
this project and that these soils and geotechnical reports and other project details
are on file with the City of carlsbad Planning Department. The developer has been
conditioned to comply with such remedial measures and certifies that it (developer)
has complied with said measures.
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49. Some improvements shown on the tentative map and/or required by these
has sufficient title or interest to permit the improvements to be made without
of the Carlsbad Municipal Code.
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conditions are located offsite on property which neither the City nor the subdivider
acquisition of title or interest. The Developer shall conform to Section 20.16.095
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4 50. Prior to approval of any grading or building permits for this project, the owner shall
give written consent to the annexation of the area shown within the boundaries of
District No. 1. The form shall be provided by the City during the improvement
plancheck process.
5 the site plan into the existing City of Carlsbad Street Lighting and Landscaping
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8 de Los Coches shall be waived on the final map. 51. Direct access rights for all lots abutting Calle Barcelona, Calle Acervo and Camino
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52. Plans, specifications, and supporting documents for all improvements shall be
prepared to the satisfaction of the City Engineer. Prior to approval of the final map
in accordance, with City Standards the Developer 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: 1
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A. Unit E:
1) All of the public improvements shown on the tentative map for Unit
I and the pubic sewer main through Unit I1 to the existing sewer main
in Calle Barcelona.
2) Grading of the entire "off-site" public right-of-way for Calle Barcelona
and the construction of half street plus an additional 12 feet of
pavement to Collector street standards as shown on the tentative map
along Cde Barcelona from Via San Clemente easterly to Cde Acervo
including the required transition to existing improvements.
B. Unit 11:
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PC RES0 NO. 3148
1) All of the public improvements shown on the tentative map for Unit
11.
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I c. unit 111:
1) All of the public improvements shown on the tentative map for Unit
111 and the offsite sewer main through the adjacent property to the
south (CT 85-9 - Vista Santa Fe - Area "B" east) down Calle Jalisco
and Camino Coronado to the existing sewer at the intersection of
Camino Coronado and Via San Clemente, or that off site sewer may
be redesigned to the satisfaction of the City Engineer in substantial
conformance with the approved tentative map. I
6 53. Improvements listed above shall be constructed within a maximum of 24 months of
7 final map approval and/or improvement plan approval, whichever occurs first.
8 Custom Conditions:
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54. Prior to the recordation of the final map, the applicant shall submit proof that the
issue of the pending lot line adjustment with the issue Encinitas School District is
settled.
55. The developer shall make an offer of dedication to the City for an easement for
storm drain purposes for the portion of the existing storm drain system constructed
on this property per City Drawing No. 289-6 (PD 306). 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. 1
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56. Approval of this project is contingent upon the provision of adequate public facilities
to satisfy the Public Facilities Element of General Plan. At this time a Mello Roos
Community Facilities District is proposed to finance the construction of several
Citywide facilities necessary to serve new development. If the Mello-Roos
Community Facilities District is not formed, or if the Community Facilities District
is formed but the Zone 11 properties are not participants within that District, the
required General Plan Consistency finding cannot be made. No discretionary
approvals, Buildings Permits, Grading Permits, Final Maps, or development permits
will be issued or approved unless an alternate financing mechanism is provided by
the Developer and approved by the City Council to finance the facilities legally
applicable to Zone 11 that would have been or are included in the Community
Facilities District. For purposes of this condition the Mdo-Roos District will be
considered to be formed following an affirmative vote of the property owners plus
a 30-day period as prescribed by law to provide for any protest regarding formation
of the District.
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57. This approval is subject to all conditions of approval of Master Plan 149, and Zone
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11 Local Facility Management Plan, and any amendments thereto.
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58. No grading permits shall be issued for this subdivision prior to recordation of the
1 final maps unless specifically approved otherwise by the City E3qhee.r.
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59. This project is specifically approved as a 3 unit phased final map for recordation
purposes. If the developer chooses to record and construct out of unit numerical
sequence, the following dedications and improvements will be required with the first
4 unit/construction phase.
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A. Dedications: The developer shall obtain the entire "off-site" public right-of- way dedication by separate instrument for Calle Barcelona as shown on the
tentative map.
B. Improvements: Grading of the entire public right of way for Calle Barcelona
and the construction of half street plus an additional 12 feet of pavement to
CoUector street standards as shown on the tentative map along Calle
Barcelona from Via San Clemente easterly to Calle Acervo including the
required transition to existing improvements.
11 60. 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
cost to the City. Streets that are already public are not required to be rededicated. 13 shall be granted to the City fiee and clear of all liens and encumbrances and without
12 shall be made by a certificate on the final map for this project. All land so offered
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~n addition to the above the following conditions shall also apply!
k With Unit I the developer shall:
1) Dedicate by separate instrument the required public sewer easement
through unit II.
l8 // B. With Unit III the developer shall obtain:
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1) The "off-site sewer easement through the adjacent property to the
south (CX 85-9 Vita Santa Fe Area "B" East) down Calle Jalisco and
Camino Coronado to the existing sewer at the intersection of Camino
Coronado and Via San Clemente, unless an alternate design is
approved to the satisfaction of the City Engineer.
61. Prior to the first final map approval a hydrology study shall be completed to the
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satisfaction of the City Engineer. This study shall include an analysis of the
Encinitas Creek Drainage Basin from Zone 11 to Batiquitos Lagoon. This study must
propose alternate forms in mitigating peak storm runoff flows to include a possiile
flood attenuation action plan for the entire Encinitas Creek Drainage Basin.
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62. Prior to final map approval the developer shall pay a proportionate share of the
1 mitigation cost of the possible flood attenuation mentioned in the above condition.
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63. Within 180 days hm the date of the Tierra Santa Fe Tentative Map approvalJ (the
effective date of the City Council resolution) J a financial guarantee acceptable to the
provided by the Developer. Unless the guarantee is approved by the City Council
within the 180 day period, all processing on the Tierra Santa Fe Final Map will
cease until such time as it is approved. The time limit may be mended at the
discretion of the City Council.
City Council for construction of Rancho Santa Fe Road improvements must be
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64. The developer shall make an offer of dedication to the City of Carlsbad for an open
space easement over the slope portions of the following lots which are:
a. adjacent to public road ri&ts-of-way;
c. adjacent to Mission Estancia School
9 b. adjacent to General Plan Open Space;
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Lots 9-12,14-18,20,35,3841,44-60,78-80,84y 85, and 105-111. The offer shall
be made by a certificate on the final map for this project. This offer of dedication
for Open Space Easement shall be delineated on the tentative map.
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maintenance of the open space easements or a homeowner's association and 15
65. The applicant shall establish a mechanism which guarantees for the perpetual
corresponding covenantsJ conditionsJ and restrictions to the satisfaction of the
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66. The approval of the tentative map for this projectJ Cr 904 will supersede and
67. All wrought iron fencing shall be galvanized. 19
render the existing tentative map approval (Cr 85-11) null and void.
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68. All fencing facing Rancho Santa Fe RoadJ Camino de Loc; Coches, Calle Acervo, and
Calle Barcelona shall be of a uniform design. A uniform different design may be
acceptable for each street frontage. The desip(s) shall be approved by the
Planning Director prior to the final map approval and a restriction shall be placed
on individual property deeds to guarantee that the uniform fence design be retained
unchanged (except for necessary maintenance) in perpetuity to the satisfaction of
the Planning Director.
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Fire Department:
69. Additional public andlor onsite fire hydrants shall be provided if deemed necessary
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70. 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 prior to issuance of a building permit.
71. The applicant shall submit for processing and shall pay the required applicants fees
for a waterline improvement plan and appurtenant waterline easement as may be
required by the City Engineer, the Fire Marshal and Carlsbad Municipal Water
District. The deed shall be properly executed and the waterline plans signed by the
City Engineer prior to issuance of building permits.
9 72. An all-weather access road shall be maintained throughout construction.
lo 73. All required fire hydrants, water mains and appurtenances shall be operational prior
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12 74. Fire retardant roofs shall be required on all structures.
to combustible building materials begin located on the project site.
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75. Brush clearance shall be maintained according to the specifications contained in the
most recent City of Carlsbad Landscape Guidelines Manual.
15 76. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers,
and other systems pertinent to the project shall be submitted to the Fire Department
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77. Prior to issuance of building permits, the developer shall provide the Fire
Department with a 500' scale map showing streets (public and private), street
names, fire hydrant locations, and beginning and ending addresses by block.
78. Prior to issuance of building permits, the developer shall submit to the Fire
Department a map, showing the street network, conforming to the following
criteria:
400' scale (1 :4800) Photo reduction on mylar
At least two existing streets and/or intersections shall be referenced on the
Maps shall include at least the following information:
map (not a separate vicinity map)
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* Street Centerlines * Street Names * Fire hydrant locations
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79. The applicant shall agree to pay a fee established to cover the cost of updating Fire
Department response maps.
80. Water shall be provided by the Olivenhain Water District.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of February, 1991, by
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the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm & Hall.
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NOES: Commissioners McFadden & Erwin.
ABSENT: Commissioner Marcus.
13 I/ ABSTAIN: None.
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/"-=k -I*.. 4
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ATTEST:
20 MICHAEL J. HOL&ILLE#
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PLANNING DIRECTOR
24 II
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27 (( PC RES0 NO. 3148 -14-
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