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HomeMy WebLinkAbout1991-10-16; Planning Commission; Resolution 3305i I/ e 0 I1 PLANNING COMMISSION RESOLUTION NO. 3305 1 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP FOR AvlARA PLANNING AREA 26(S) ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE BATIQUITOS DEUVE/KESTEUL DRNE INTERSECTION. CASE NAME: AVIARA PLANNING AREA 26(S) CASE NO: CT 90-36 6 II WHEREAS, a verified application for certain property to wit: 7 8 Portion of Sections 27, 28, and 34 in Township 12 south, Range 4 west, in the City of Carlsbad g has been filed with the City of Carlsbad and referred to the Planning Commission; and 10 WHEREAS, said verified application constitutes a request as provided by Tit1 I.x 21 of the Carlsbad Municipal Code; and I.2 /I WHEREAS, the Planning Commission did, on the 16th day of October, 1991 13 14 hold a duly noticed public hearing as prescribed by law to consider said request; and 15 WHEREAS, at said public hearing, upon hearing and considering all testimon 16 and arguments, if any, of all persons desiring to be heard, said Commission considered a' 17 18 factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio: 19 20 21 22 23 24 25 as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissio recommends APPROVAL of CT 90-36, based on the following findings and subjet to the following conditions: .... I... 26 27 "'* 28 e 0 FiIldiIlES: 1 2 3 4 5 6 7 1. 2. 3. a 9 10 The project is consistent with the City‘s General Plan and MP-177 since the proposed density of 2.10 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. The site is physically suitable for the type and density of the development permitted through Master Plan 177. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning 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 available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission ir satisfied that the requirements of the Public Facilities Element of the General Plar have been met insofar as they apply to sewer service for this project. X. // 4. School fees will be paid to ensure the availability of school facilities in the Carlsbac 12!! School District. 13 I/ 5. Park-in-lieu fees are required as a condition of approval. 14 15 6. All necessary public improvements have been provided or will be required a! conditions of approval. 16 17 18 19 20 21 22 23 24 25 7. The applicant has agreed and is required by the inclusion of an appropriatc condition to pay a public facilities fee. Performance of that contract and paymen of the fee will enable this body to find that public facilities will be availabll concurrent with need as required by the General Plan. 8. The proposed project is compatible with the surrounding future land uses sinc surrounding properties are designated for single family residential development o open space on the General Plan. I 9, This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on June 20, 199 and RECOMMENDED FOR APPROVAL by the Planning Commission o October 16,1991. In approving this Negative Declaration the Planning Commissio has considered the initial study, the staff analysis, all required mitigation measurc and any written comments received regarding the significant effects this projeq could have on the environment. 26 11 PC RES0 NO. 3305 -2- 27 28 ll e al 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1Y 18 19 20 21 22 23 24 25 26 27 28 10. The applicant is by condXon, requlred to pay any increase :n public faciEty fee, c new construction tax, or development fees, and has agreed to abide by an additional requirements established by a Local Facilities Management Plan prepare pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensul continued availability of public facilities and will mitigate any cumulative impacl created by the project. 11. This project is consistent with the City's Growth Management Ordinance as it h been conditioned to comply with any requirement approved as part of the LOC; Facilities Management Plan for Zone 19. 12. As discussed in the staff report, the grading for CT 90-36 substantid complies with the mass grading approved on the Aviara Phase I1 Mast( Tentative Map (CT 89-37). 13- The Tentadve Tract Map, CT 90-36, sa&fies d requirements of Tide 21, tk Subdivision Ordinance and the State Map Act. 14. As discussed in the staff report, the design of a 90-36 is consistent with the inm of Master Plan 177. 15. The project CT 90-36, is in compliance with the underlying Mello I and k Batiquitos Lagoon Local Coastal FVograrus. Conditions: 1. Approval is granted for CT 90-36, as shown on Exhibits "A"-"I", date September 14, 1991, incorporated by reference and on file in the Plannin Department. Development shall occur substantially as shown unless otherwis noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy ( the Tentative Map as approved by the Planning Commission. The Tentative Ma shall reflect the conditions of approval by the City. The Map copy shall 1: submitted to the City Engineer prior to building, grading or improvement pla submittal, whichever occurs first. 3. A 500' scale mylar map of the subdivision shall be submitted to the Plannin Director prior to the recordation of the fiial map. Said map shall show all lots an streets within and adjacent to the project. 4. This project is approved upon the express condition that the final map shall not 1 approved unless the City Council finds as of the time of such approval that sewc service is available to serve the subdivision. PC RES0 NO. 3305 -3- I1 e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 December 3,1990, 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. 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 the Carlsbad Municipal Code unless previously excluded by the Parks Agreement between the City and Aviara Land Associates dated June 1,1989. 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 in effect at the time of building permit application. AU or a portion of said fees ma^ be waived subject to the approval of the Carlsbad Unified School District. 8. Water shall be provided to this project pursuant to the Water Service agreemenl between the City of Carlsbad and the Carlsbad Municipal Water District, datec May 25, 1983. 9. This project shall comply with all conditions and mitigation required by Master PIar 177 and the Zone 19 Local Facilities Management Plan approved by the City Counci on December 22,1987, incorporated herein and on file in the Planning Departmen and any future amendments to the Plans made prior to the issuance of buildin: permits. 10. If any condition for construction of any public improvements or facilities, or th, payment of any fees in lieu thereof, imposed by this approval or imposed by law 01 this project are challenged this approval shall be suspended as provided i Government Code Section 65913.5. If any such condition is determined to b invalid this approval shall be invalid unless the City Council determines that th project without the condition complies with all requirements of law. 11. Approval of this request shall not excuse compliance with all sections of the Zonin Ordinance and all other applicable City ordinances in effect at time of buildin permit issuance. 12. The applicant shall annex the Aviara Planning Area 26(S) open space areas into tl Aviara Master homeowne?s association concurrent with the recordation of the fin map- PC RES0 NO. 3305 -4- 1 0 0 13. 1 2 3 4 5 6 7 8 16. 9 10 l1 17. 12 13 14 15 16 14. 15. 18. 19. The applicant shall prepare a detailed landscape and ;migation plan which shall bt submitted to and approved by the Planning Director prior to the issuance of gradinl or building permits, whichever occurs first. A master plan of the existing onsite trees shall be provided to the Planning Direct0 as part of the final grading plan to determine which trees shall be required to bl preserved prior to the issuance of a grading permit or a building permit, whicheve occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, fret from weeds, trash, and debris. Existing onsite trees shall be retained wherever possible and shall be trimmec and/or topped. Dead, decaying or potentially dangerous trees shall be approved foj removal at the discretion of the Planning Department during the review of a Mastel Plan submitted showing the existing onsite trees. Those trees which are approve( for removal shall be replaced on a tree-for-tree basis as required by the Plannini Department. 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 trees shall be of a variety selected from the approved Street Tree List. Preliminary landscape plans shall be submitted. 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. 17 18 19 20 21 22 23 24 25 26 27 28 20. Landscape plans shall be designed to minimize water use. Lawn and other Zone 1 plants (see Landscape GddeLes Manual) shall be lidted to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. 21. All herbicides shall be applied by applicators licensed by the State of California. 22. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 23. 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. PC RES0 NO. 3305 -5- ll * 0 1 2 3 4 5 6 7 8 I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24. Prior to final map approval for CI' 90-36, the project applicant or their successor i interest shall enter into an agreement with the City to provide the Aviara Maste Plan's proportional share of the City's total obligation for very low, low anl moderate income housing units. 25. This project is approved subject to the condition that a Site Development Plan mu be approved by the City, prior to the issuance of any residential building permit within this subdivision. I 26. The applicant shall establish a homeowner's association and correspondin: i covenants, conditions and restrictions. Said CC&R"S shall be submitted to ant approved by the Planning Director prior to final map approval. The CC&R's shal include provisions specifying Master homeowners association or PA 26(S neighborhood homeownm association maintenance responsibility for all natural ant manufactured project open space areas. 27. The applicant shall submit a street name list consistent with the City's street naml policy subject to the Planning Director's approval prior to final map approval. 28. This project is approved subject to the condition that all project landscapin: proposed on Exhibits ttF"-"I", dated September 14, 1991 shall be irrigated wit1 reclaimed water. 29. Prior to the recordation of the first final tract map the owner of record of thf property within the boundaries of this tentative tract map shall prepare and recon a notice that this property is subject to overflight, sight, and sound of air4 operating from McClellan-Palomar Airport in a manner meeting the approval of thf Planning Director and the City Attorney. The applicant shall post aircraft noisc notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by thf Planning Director. 30. Prior to the issuance of a grading permit or the recordation of the final map, the project applicant shall receive a Coastal Development Permit that approve development that is in substantial conformance with this City approval. The Coastal Permit shall be required to be submitted to the City Planning Department for review prior to the issuance of a grading permit. 31. Prior to final map approval or the issuance of a grading pennit for CI' 90-36, the Aviara Phase I1 Tentative Map (CI' 89-37) must be recorded as a final map. 23 32. This project currently shows no retaining walls. This project is approved subject tc 24 25 the condition that no retaining walls greater than 2 feet in height within the front or sideyard setback areas shall be permitted. 26 PC RES0 NO. 3305 -6- 27 28 ll 0 0 33. This project is approved subject to the condition that grading proposed as part c any future Site Development Plan over the subject property shall be in substantk conformance with the grading approved through this tentative map. 1 2 3 4 5 34- This project is approved subject to the condition that those portions of ~0ts 1-2 26-27,4345,47-48,51,54-55,59-62,74-77,84-89, and 94-99 which are locate within Coastal Commission deed restricted areas, shall be required to be place under an open space easement which shall prohibit any encroachment fc development in perpetuity. Any future site development plan processed for the lots shall be required to locate project fencing outside of the deed restricted area 6 36. Unless a standard variance has been issued, no variance from City Standards i 9 8 35. This project is located within the Mello I and East Batiquitos Local Coastal Plan 7 Ensjneering Conditions: AU development design shall comply with the requirements of that plan. authorized by virtue of approval of this tentative map. 10 11 37. The developer shall comply with all the rules, regulations and design requirement, of the respective sewer and water agencies regarding services to the project. I.2 38. The developer shall be responsible for coordination with S.D.G.& E., Pacific 13 Telephone, and Cable TV authorities. 14 39. Prior to final map approval of this subdivision, the City Engineer shall approve a lo 15 16 17 of the City Engineer. 18 41. This project is approved as two (2) recordation units. Any construction phasing E 19 line modification between Lots 5 and 6 of CT 89-37. 40. Prior to final map approval, the tract map for CT 89-37 must be recorded and tht mass grading for CT 89-37, lot 5, shall be complete and finaled to the SatisfactioI contingent upon the approval of a phasing plan by the City Engineer. 20 21 22 23 24 25 26 27 E8 I 42. All grading shall occur at one time with recordation of the first unit. No grading may be allowed prior to the recordation of the first unit unless approved by thc Community Development Director, Planning Director and City Engineer. 43. The applicant shall provide an acceptable means of maintaining the privatf stomdrain facilities within open space Lot 49 and within the easement shown or Lot 30. Adequate provision for such maintenance shall be included with the CC&R'! subject to the approval of the City Engineer. PC RES0 NO. 3305 -7- ~ I I ll e 0 44. 1 2 3 4 5 6 7 45. a 46. 9 10 11 47. 12 13 14 15 The applicant shall defend indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or null an approval of the City, the Planning commission or City Engineer which has been brought against the City within the time period provided by Section 66499.37 of the Subdivision Map Act. 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 maq impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. Prior to approval of the final map the developer shall enter into an agreement witl- the City to pay any drainage area fees established as a result of the forthcominf Master Drainage Plan Update. The subject properly is within the boundaries of Assessment District No. 88-1 (AIS Road). Upon the subdivision of land within the district boundaries, the applican may pass through assessment to subsequent owners & if the applicant ha! executed special Assessment District Pass-through Authorization Agreement. Saic Agreement contains provisions regarding notice to potential buyer of the amount 0. the assessment and any other provision and require the applicant to have each buya receive and execute a Notice of Assessment and an Option Agreement. In the even that the applicant does not execute the Authorization Agreement, the assessment or the subject property must be paid in full by the applicant prior to any subdivisior of the land. 16 17 18 19 20 21 22 23 24 25 26 27 28 I I I 48. As required by state law, prior to the recordation of a hal map over any of tht subject property, a segregation of assessments must be completed and recorded fo all subdivided lots. By applying for a segregation of assessments, the applican agrees to pay the fee to cover the costs associated with the segregation. 1 segregation is not required if the applicant pays off the assessment on the subjec property prior to the recordation of the final map. In the event a segregation a assessments is not recorded and property is subdivided, the €dl amount a assessment will appear on the tax bills of each new lot. 49. Based upon a review of the proposed grading and the grading quantities shown 01 the tentative map, a grading permit for this project is required. Prior to issuanc of a building permit for the project, the applicant must submit and receive approvz for grading plans in accordance with City codes and standards, be issued a gradin permit and complete the grading work in substantial conformance with th approved grading plans. PC RES0 NO. 3305 -8- I I/ 0 a 1 2 3 4 5 50. No grading shall occur outside the limits of the subdivision unless a grading or slopc easement is obtained from the owners of the affected properties. If the develope is unable to obtain the grading or slope easement, he must either amend thl tentative map or charge the slope so grading will not occur outside the project sit1 in a manner which substantially conforms to the approved tentative map a determined by the City Engineer and Planning Director. 51. Addidonal &ge easements may be required. &ge structures shall b provided or installed prior to the issuance of grading or buildjng permit as may b required by the City Engineer. 6 52. Plans, specifications, and supporting documents for all improvements shall b prepared to the satisfaction of the City Engineer. Prior to approval of the final ma and secure with appropriate security as provided by law, improvements shown o the tentative map and the following improvements: 7 in accordance, with City Standards the Developer shall install, or agree to insta 8 9 10 A. Full public street improvements for Black Swan Lane, Kingbird Terrace, an Sandpiper Place 11 I1 B. Public storm drain and sewer facilities. I.2 11 53. Improvements listed above shall be constructed within 18 months of final ma l3 I/ approval and/or improvement plan approval, whichever occurs first. 14 15 16 17 18 19 20 21 22 54. Prior to approval of any grading or building permits for this project, the owner sha give written consent to the annexation of the area shown within the boundaries c the site plan into the existing City of Carlsbad Street Lighting and Landscapin District No. 1. The form shall be provided by the City during the improvemer plancheck process. 55. The applicant shall comply with the permit requirements of the National Pollutar: Discharge Elimination System (NPDES) permit. The applicant shall provide be: management practices to reduce surface pollutants to an acceptable level prior 1 discharge to sensitive areas. Plans for such improvements shall be approved by tE City Engineer prior to approval of the final map or issuance of grading permi whichever occurs first. 56. AU open space lots (Lots 49,50, and 102) shall be owned in fee and maintained k the Aviara Master Association. 23 11 57. Concurrent with final map recordation, all lots with sight distance conidors sha 24 25 record a "Notice of Restriction on Real Property" for restricting height of landscapir PC RES0 NO. 3305 -9- 26 and structures to 30" above the street. 27 28 ll 0 0 58. 1 2 3 4 59. Any encroachment through construction into deed restricted or undisturbed ope^ space for the purpose of grading will requke an amendment to the tentative ma] and approval of the California Coastal Commission. A note to this effect shal appear on the final grading plan. Prior to the commencement of any grading activities, the developer shall fence oi the deed restricted and undisturbed open space to the satisfaction of the fit Engineer and the Planning Director. A note to this effect shall appear on the fitx grading plans. 5 6 7 8 Fire Conditions: 60. Additional onsite water mains and public hydrants are required. 61. Applicant shall submit a site plan to the Fire Department for approval, which depict location of required, proposed public water mains and fire hydrants. The pla 9 should include offsite fire hydrants within 200 feet of the project, 10 62. An all-weather, unobstructed access road suitable for emergency service vehicle shall be provided and maintained during construction. When in the opinion of thl other reasons, he may, in the interest of public safety, require that constructiol operations cease until the condition is corrected. 11 Fire Chief, the access road has become unserviceable due to inclement weather o 12 13 14 I.5 to combustible building materials being located on the project site. 64. Native vegetation which presents a fire hazard to structures shall be modified 01 16 removed in accordance with the specifications contained in the City of Carlsbac Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to tht 63. All required fire hydrants, water mains and appurtenances shall be operational prio 17 Fire Department for approval. 18 19 20 21 22 65. All security gate systems controlling vehicular access shall be equipped with : “Knoxtt, key operated emergency entry device. Applicant shall contact the Fir( Prevention Bureau for specifications and approvals prior to installation. 66. The applicant shall provide a street map which conforms to the followin: requirements: A 400 scale photo-reduction mylar, depicting proposed improvement and at least two existing intersections or streets. The map shall also clearly depic street centerlines, hydrant locations and street names. 23 24 25 traffic circulation for Fire Department approval. 67. Applicant shall submit a site plan depicting emergency access routes, driveways anc 26 PC RESO NO. 3305 -10- 27 I/ 28 0 Carlsbad Municipal Water District: e 1 potable and fire flow demands are met. 2 68. The entire potable and non-potable water systems for subject project shall 'c evaluated in detail to ensure that adequate capacity and pressure for domestic, no] 3 4 69. The Developer's Engineer shall schedule a meeting first with the City Fire Marsh, 5 prior to preparation of the water system improvement plans. and then with the District Engineer to review the preliminary water system lay01 70. The Developer will be responsible for all fees and deposits plus the major facili 6 charge which will be collected at time of issuance of building permit. Th Developer shall pay a San Diego County Water Authority capacity charge which wi 7 be collected at issuance of application or meter installation. 8 9 10 11 12 13 14 3.5 16 17 18 19 20 21 22 23 24 25 26 27 71. This project is approved upon the express condition that building permits will nc be issued for development of the subject property unless the water district sen& the development determines that adequate water and service is available at the tirr of application for water service and will continue to be available until time ( OCCUpanCy. .... .... .... .... .... .... .... .... PC RES0 NO. 3305 -1 1- 28 I! 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of October, 1991, by the following vote, to wit: 1 2 3 4 I/ AYES: Vice-chairman Erwin, Commissioners: Schlehuber, Schramm, Savary, Noble and Hall. 5 6 7 NOES: None. ABSENT: Chairman Holmes. 8 // ABSTAIN: None. 9 10 11 12 13 14 15 16 - TOM ERWIN, Vice-chairman CAFUSBAD PLANNING COMMISSION ATTEST: - PLANNING DIRECTOR 17 18 19 20 21 22 23 24 25 26 I1 PC RES0 NO. 3305 -12- 27 11 28