HomeMy WebLinkAbout1991-12-04; Planning Commission; Resolution 3314I ll 0 e.
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PLANNING COMMISSION RESOLUTION NO. 3314
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP FOR AVIARA
PLANNING AREA 26(N) ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF THE ALGA
ROAD/KESTRAL DFWE INTERSECTION.
CASE NAME: AVIARA PLANNING AREA 26(N)
CASE NO: CT 90-38
WHEREAS, a verified application for certain property to wit;
Portion of Section 27, Township 12 South, Range 4 West, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego
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 Tit1
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of December, 199:
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimor;
and arguments, if any, of all persons desiring to be heard, said Commission considered a
factors relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissic
recommends APPROVAL of CT 90-38, based on the following findings and subje, to the following conditions: ....
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~ Findinp:
1. The project is consistent with the City‘s General Plan and MP-177 since tl
proposed density of 2.35 du’s/acre is within the density range of 0-4 du’s/ac
specified for the site as indicated on the Land Use Element of the General Plan, a1 , is at or below the growth control point of 3,2,
1 2. The site is physically suitable for the type and density of the development p&ttc
through Master Plan 177.
3. The Planning Commission has, by inclusion of an appropriate condition to tE
project, ensured that the final map will not be approved unless the City Counc
finds that sewer service is available to serve the project. In addition, the Planni~
Commission has added a condition that a note shall be placed on the final map th
building permits may not be issued for the project unless the City Engine
determines that sewer service is available, and building cannot OCCUT within tl
project unless sewer service remains available, and the Planning Commission
satisfied that .the requirements of the Public Facilities Element of the General P1;
have been met insofar as they apply to sewer service for this project.
12 4, School fees will be paid to ensure the availability of school facilities in the Carlsb;
School District. 13
14 5. Park-in-lieu fees are required as a condition of approval.
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6. All necessary public improvements have been provided or will be required
conditions of approval.
7. The applicant has agreed and is required by the inclusion of an appropria
condition to pay a public facilities fee. Performance of that contract and payme
of the fee will enable this body to find that public facilities will be availak
concurrent with need as required by the General Plan.
8. The proposed project is compatible with the surrounding future land uses sin
surrounding properties are designated for single family residential development
open space on the General Plan.
9. This project will not cause any significant environmental impacts and a Negati
Declaration has been issued by the Planning Director on August 1, 1991 a1
RECOMMENDED FOR APPROVAL by the Planning Commission (
December 4, 1991. In recommending approval of this Negative Declaration t
Planning Commission has considered the initial study, the staff analysis, all requir
mitigation measures and any written comments received regarding the significa
effects this project could have on the environment.
PC RES0 NO. 3314 -2-
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10. The applicant is by condition, required to pay any increase in public facility fee, ( new construction tax, or development fees, and has agreed to abide by ar
additional requirements established by a Local Facilities Management Plan prepart
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensu
continued availability of public facilities and will mitigate any cumulative impac
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 90-38 substantial
complies with the mass grading approved on the Aviara Phase 11 Mast
Tentative Map (CT 89-37).
13. The Tentadve Tract Map, CT 90-38, satisfies aU reqdrements of Tide 21, t]
Subdivision Ordinance and the State Map Act.
14. As discussed in the staff report, the design of CT 90-38 is consistent with the inte
of Master Plan 177.
15. The project CT 90-38, is in compliance with the underlying Mdo I and Ea
Batiquitos Lagoon Local Coastal Programs.
Conditions:
1. Approval is granted for CT 90-38, as shown on Exhibits "A"-"Itt, datc
December 4, 1991, incorporated by reference and on file in the Planni~
Department. Development shall occur substantially as shown unless othenvi
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 Mi
shall reflect the conditions of approval by the City. The Map copy shall '
submitted to the City Engineer prior to building, grading or improvement 'pl;
submittal, whichever occurs first.
3. A 500' scale mylar map of the subdivision shall be submitted to the Plannil
Director prior to the recordation of the final map. Said map shall show all lots a
streets within and adjacent to the project.
4. This project is approved upon the express condition that the final map shall not
approved unless the City Council finds as of the time of such approval that sew
service is available to serve the subdivision.
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This project is also approved under the express condition that the applicant pay tE
public facilities fee adopted by the City Council on July 28, 1987 and as amende
from time to time, and any development fees established by the City Counc
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinanc
adopted to implement a growth management system or facilities and improvemel
plan and to fulfill the subdivider's agreement to pay the public facilities fee datc
December 3,1990, a copy of which is on file with the City Clerk and is incorporatf
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 approval of tl
final map as required by Chapter 20.44 of the Carlsbad Municipal Code unle
previously excluded by the Parks Agreement between the City and Aviara Lar
Associates dated June 1, 1989.
The applicant shall provide school fees to mitigate conditions of overcrowding ;
part of building permit application. These fees shall be based on the fee schedu
in effect at the time of building permit application. All or a portion of said fees m
be waived subject to the approval of the Carlsbad Unified School District.
Water shall be provided to this project pursuant to the Water Service agreeme:
between the City of Carlsbad and the Carlsbad Municipal Water District, datt
May 25, 1983.
This project shall comply with all conditions and mitigation required by Master Pk
177 and the Zone 19 Local Facilities Management Plan approved by the City Counc
on December 22, 1987, incorporated herein and on file in the Planning Departme:
and any future amendments to the Plans made prior to the issuance of buildi1
permits.
If any condition for construction of any public improvements or facilities, or tl
payment of any fees in lieu thereof, imposed by this approval or imposed by law (
this project are challenged this approval shall be suspended as provided
Government Code Section 65913.5. If any such condition is determined to 1
invalid this approval shall be invalid unless the City Council determines that tl
project without the condition complies with all requirements of law.
by this reference. If the fees are not paid this application will not be consistent wil
Approval of this request shall not exuse compliance with all sections of the Zonil Ordinance and all other applicable City ordinances in effect at time of buildi~
permit issuance.
The applicant shall annex the Aviara Planning Area 26(N) open space areas into d
Aviara Master homeowner's association concurrent with the recordation of the fir
map.
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13. The applicant shall prepare a detailed landscape and irrigation plan which shall b
1 submitted to and approved by the Planning Director prior to the issuance of gradin
or building permits, whichever occurs first. 2
3 14. All landscaped areas shall be maintained in a healthy and thriving condition, fre
from weeds, trash, and debris.
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15. Existing onsite trees shall be retained wherever possible and shall be trimme
and/or topped. Dead, decaying or potentially dangerous trees shall be approved fc
removal at the discretion of the Planning Department in conformance with th Phase 11 Master Tentative Map (CT 89-37) Tree Preservation Plan. Those tref
which are approved for removal shall be replaced as required by the Phase 11 Tre
Preservation Plan. No tree removal shall occur prior to written approval of the trc
removal program by the Planning Director.
9 16. The developer shall install street trees at the equivalent of 40-foot intervals alor
all public street frontages in conformance with City of Carlsbad standards. Tf
trees shall be of a variety selected from the approved Street Tree List. 10
11 17. Preliminary landscape plans shall be submitted.
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13 18. All landscape plans shall be prepared to conform with the Landscape Guidelinc
Manual and submitted per the landscape plan check procedures on file in tl
14 Planning Department.
515 19. Landscape plans shall be designed to minimize water use. Lawn and other Zone
plants (see Landscape Guidelines Manual) shall be limited to areas of special visu
16 importance or high use. Mulches shall be used and irrigation equipment and desi2
shall promote water conservation. 17
18 20. All herbicides shall be applied by applicators licensed by the State of California.
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21. The applicant shall pay a landscape plan check and inspection fee as required 1
Section 20.08.050 of the Carlsbad Municipal Code.
22. As part of the plans submitted for building permit plan check, the applicant sh
include a reduced version of the approving resolution/resolutions on a 24" x 3
blueline drawing. Said blueline drawing(s) shall also include a copy. of a1
applicable Coastal Development Permit and signed approved site plan.
23. Prior to find map approvd for CT 90-38, the project applicant or their successor
interest shall enter into an agreement with the City to provide. the Aviara Mast Plan's proportional share of the City's total obligation for very low, low a
moderate income housing units.
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24. This project is approved subject to the condition that a Site Development Plan mu
within this subdivision. The Site Development Plan must: Assess noise impacts
development standards and consistency with Master Plan objectives.
1 be approved by the City, prior to the issuance of any residential building permi1
2 the proposed structures along Alga Road, ensure compliance with master pk
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25. The applicant shall establish a homeowner's association and correspondh
covenants, conditions and restrictions. Said CC&R's shall be submitted to a~
approved by the Planning Director prior to final map approval. The CC&R's sh
include provisions specifying Master homeowners association or PA 26(1
neighborhood homeowners association maintenance responsibility for all natural a
manufactured project open space areas.
26. The applicant shall submit a street name list consistent with the City's street nan
policy subject to the Planning Director's approval prior to final map approval.
3.0 27. This project is approved subject to the condition that all project landscapil
proposed on Exhibits "E"-"I", dated December 4, 1991 shall be irrigated wi
11 reclaimed water.
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28. Prior to the recordation of the first hal tract map the owner of record of tl
property within the boundaries of this tentative tract map shall prepare and reco
a notice that this property is subject to overflight, sight, and sound of airm
operating from McClellan-Palomar Airport in a manner meeting the approval of tl
Planning Director and the City Attorney. The applicant shall post aircraft noi
notification signs in all sales and/or rental offices associated with the ne
development. The number and locations of said signs shall be approved by tl
Planning Director.
' 29. Prior to the issuance of a grading permit or the recordation of the final map, tl
project applicant shall receive a Coastal Development Pennit that approv
development that is in substantial conformance with this City approval. The Coal
Permit shall be required to be submitted to the City Planning Department for revie
prior to the issuance of a grading permit.
30. Prior to final map approval or the issuance of a grading permit for CT 90-38, tl
Aviara Phase 11 Tentative Map (CT 89-37) must be recorded as a iinal map.
31. This project currently shows no retaining walls. This project is approved subject
the condition that no retaining walls greater than 2 feet in height within the fro
or sideyard setback areas shall be permitted, unless specifically approved by tl
Planning Commission during subsequent Site Development Plan review.
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32. This project is approved subject to the condition that grading proposed as part 4
1 any future Site Development Plan over the subject property shall be in substanti
conformance with the grading approved through this tentative map. 2
3 bpjneerinz Conditions:
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33. This project is located within the Mello I and East Batiquitos Local Coastal Ph
All development design shall comply wifh the requirements of that plan.
34. Unless a standard variance has been issued, no variance from City Standards
authorized by virtue of approval of this tentative map.
35. This subdivision is approved specifically approving:
A. Rockrose Terrace south of ?'A'' Street to be developed as a "hillside stree
with a 32 ft. wide curb to curb section within a 46 ft. wide easement fc
street purposes.
B. "A" Street at the intersection of Kestrel Drive providing a 37 ft. tangent.
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36. The developer shall comply with all the rules, regulations and design requiremen
of the respective sewer and water agencies regarding services to the project.
37. The developer shall be responsible for coordination with S.D.G.&E., Pacif
Telephone, and Cable TV authorities.
38. Prior to final map approval, the tract map for CT 89-37 must be recorded and tl
mass gradkg for CT 89-27, Lot 4, shall be complete and Med to the satisfactia
of the City Engineer.
39. The applicant shall defend indemnify and hold harmless the City and its agent
officers, and employees from any claim, action or proceeding. against the City or i
agents, officers or employees to attach, set aside, void or null an approval of 13
City, the Planning Commission or City Engineer which has been brought against tl
City within the time period provided by Section 66499.37 of the Subdivision M
Act.
40. Approval of this tentative tract map shall expire twenty-four (24) months from tl:
date of City Council approval unless a final map is recorded. An extension may E
requested by the applicant. Said extension shall be approved or denied at th
discretion of the City Council. In approving an extension, the City Council ma
impose new conditions and may revise existing conditions pursuant to Sectio
20.12.110(a)(2) Carlsbad Municipal Code.
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41. Prior to approval of the final map the developer shall enter into an agreement wii
the City to pay any drainage area fees established as a result of the forthcomix
Master Drainage Plan Update.
42. The subject property is within the boundaries of Assessment District No. 88-1 (AI;
Road). Upon the subdivision of land within the district boundaries, the applica
executed special Assessment District Pass-through Authorization Agreement. Sk
Agreement contains provisions regarding notice to potential buyer of the amount (
the assessment and any other provision and require the applicant to have each buy1
receive and execute a Notice of Assessment and an Option Agreement. In the eva
that the applicant does not execute the Authorization Agreement, the assessment c
the subject property must be paid in N1 by the applicant mior to any subdivisic
of the land.
may pass through assessment to subsequent owners & if the applicant h
43. As required by state law, prior to the recordation of a final map over any of tl
subject property, a segregation of assessments must be completed and recorded fi
all subdivided lots. By applying for a segregation of assessments, the applica:
agrees to pay the fee to cover the costs associated with the segregation.
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 t
assessment will appear on the tax bills of each new lot. assessments is not recorded and property is subdivided, the full amount (
44. Based on a review of the proposed grading and the grading quantities shown on tE
tentative map, a grading permit is required for this project. Prior to approval of
final map the applicant shall submit and receive approval for grading plans i
accordance with City Codes and standards. Prior to issuing a building permit
grading permit shall be obtained and grading be completed in accordance wit
approved grading plans.
45. No grading shall occur outside the limits of the subdivision unless a grading or slop
easement is obtained from the owners of the affected properties. If the develop€
is unable to obtain the grading or slope easement, he must either amend th
tentative map or change the slope so grading will not occur outside the project sit
in a manner which substantially conforms to the approved tentative map z determined by the City Engineer and Planning Director.
46. The developer shall exercise special care during the construction phase of th
project to prevent offsite siltation. Planting and erosion control shall be provide
in accordance with the Carlsbad Municipal Code and the City Engineer. Referenc
Chap 11.06.
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Additional drainage easements may be required. Drainage structures shall E
provided or installed prior to the issuance of grading or building pennit as may E
required by the City Engineer.
The developer shall make an offer of dedication to the City for all public streets an
easements required by these conditions or shown ont he tentative map. The offt
shall be made by a certificate on the final map for this project. All land so offere
shall be granted to the City free and clear of all liens and encumbrances and with01
cost to the City. Streets that are already public are not required to be rededicatec
Plans, specifications, and supporting documents for all improvements shall 1
prepared to the satisfaction of the City Engineer. Prior to approval of the final mz
in accordance, with City Standards the Developer shall install, or agree to inst2
and secure with appropriate security as provided by law, improvements shown c
the tentative map and the following improvements:
A. Full public street improvements for Street A, Rockrose Terrace, Bullru:
Terrace and Cattail Place.
B. Public storm drain and sewer facilities.
Improvements listed above shall be constructed within 18 months of final mi
approval and/or improvement plan approval, whichever occurs first.
Prior to approval of any grading or building permits for this project, the owner shi
give written consent to the annexation of the area shown within the boundaries I
the site plan into the existing City of Carlsbad Street Lighting and Landscapir
District No. 1. The form shall be provided by the City during the improveme1
plancheck process.
Prior to approval of the final map the property owner shall agree to participate
a drainage maintenance assessment district. The mechanism for such agreeme
shall be to the satisfaction of the City Engineer and the Utilities and Maintenan
Director.
All open space lots (Lots 69, 70, and 71) shall be owned in fee and maintained 1
the Aviara Master Association.
Concurrent with final map recordation, all lots with sight distance corridors sh
record a "Notice of Restriction on Real Property" for restricting height of landscapi
and structures to 30" above the street.
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55. Any encroachment through construction into deed restricted or undisturbed ope
and approval of the California Coastal Commission. A note to this effect sb
1 space for the purpose of grading will require an amendment to the tentative rnz
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the deed restricted and undisturbed open space to the satisfaction of the Ci 4
appear on the find grading plan.
grading plans. The existing fencing on the Phase I1 Master Tentative Map confom 5
3 56. Prior to the commencement of any grading activities, the developer shall fence c
Engineer and the Planning Director. A note to this effect shall appear on the fin;
with this condition- 6
7 57. Prior to issuing a building permit on any lot in this subdivision a Site Developmer
Plan shall be approved by the Planning Commission. No building permit for an
8 retaining walls, will be issued without specific approval on the Site Developmer
Plan. A note to this effect shall be placed on the final map. 9
10 58. The developer shall record an open space easement to be maintained by the Aviar
Master Association, on the slopes adjacent to open space lots 69 and 70 in Lots 2
11 through 34 and 36 through 47.
12 59. Direct access rights for all lots abutting Alga Road, Kestral Drive and "A" Street sha
13 // be waived on the final map.
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60. Prior to final map approval the owner shall execute a Hold Harmless Agreement fc
geologic failure.
61. The developer shall place the following note on the final map:
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Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest ha
agreed to hold harmless and indemnify the City of Carlsbad from any action tha
may arise through any geological failure, ground water seepage or land subsidencl
2o I/ and subsequent damage that may occur on, or adjacent to, this subdivision due tl
its construction, operation or maintenance.
21 11 62. The entire subdivision shall be graded concurrent with the first phase/unit of th
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63. Concurrent with the first phasejunit of the development which has frontage 0: 23
development.
24 Rockrose Terrace, public improvements to all of Rockrose Terrace and any require,
storm drains and sewer systems shall be constructed to the satisfaction of the Cic
25 Engineer and the Planning Director.
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II Fire Conditions:
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2 I/ 64. Additional on-site public hydrants are required.
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4 66. All required fire hydrants, water mains and appurtenances shall be operational pric
5 to combustible building materials being located on the project site.
6 67. Brush clearance shall be maintained according to the specifications contained in th
City of Carlsbad Landscape Manual. Applicant shall provide brush clearance pla
65. An all-weather access road shall serve the project during construction,
7 to the Fire Department for approval.
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68. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishin
systems, automatic sprinklers, and other systems pertinent to the project shall b
submitted to the Fire Department for approval prior to construction.
69. Prior to submittal of water improvement plans, the applicant shall submit to the Fir
Department a map, showing the street network, conforming to the followin
criteria:
a- 400’ scale
si Photo reduction on mylar
J- At least two existing streets and/or intersections shall be referenced on th
J- Maps shall include the following information: map (not a separate vicinity map)
Street centerlines
Fire hydrant locations
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Street names
18 Carkbad Municipal Water District:
19 70. The entire potable and non-potable water systems for subject project shall 2:
2o I evaluated in detail to ensure that adequate capacity and pressure for domestic, nor
potable and fire flow demands are met.
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71. The Developefs Engineer shall schedule a meeting first with the City Fire Marsh
and then with the District Engineer to review the preliminary water system lay01
prior to preparation of the water system improvement plans.
72. The Developer will be responsible for all fees and deposits plus the major facilil
charge which will be collected at time of issuance of building permit. TI
Developer shall pay a San Diego County Water Authority capacity charge which wj
be collected at issuance of application or meter installation.
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73. 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 servin
the development determines that adequate water and Senrice is available at the tim
of application for water service and will continue to be available until time c
OCCUpanCy.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
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by the following vote, to wit: 6
Commission of the City of Carlsbad, California, held on the 4th day of December, 199:
7 AYES: Chairman Holmes, Commissioners: Schlehuber, Savary, Erwin, Nobl
8 & Hd.
9 II NOES: None.
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ABSENT: Commissioner Schramm.
ABSTAIN: None. ”. -1 &””,
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
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