HomeMy WebLinkAbout1991-12-04; Planning Commission; Resolution 3317*I
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PLANNING COMMISSION RESOLUTION NO. 3317
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP CREATING 32 SINGLE FAMILY
RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED
ON THE NORTHWEST CORNER OF BATIQUITOS DRIVE
AND KESTRAL DRIVE.
CASE NAME: AVIARA PLANNING AREA 29
CASE NO: CT 90-35
WHEREAS, a verified application for certain property to wit:
Portions of Sections 27 and 29, Township 12 South, Range
4 West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California
has been filed with the City of Carlsbad and referred to the Planning Commission; anc
WHEREAS, said verified application constitutes a request as provided b
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of Decembe
1991, hold a duly noticed public hearing as prescribed by law to consider said reques
and
WHEREAS, at said public hearing, upon hearing and considering a
testimony and arguments, if any, of all persons desiring to be heard, said Commissic
considered all 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
APPROVES CT 90-35 based on the following findings and subject to the followir
conditions:
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FilldillES:
1. The project is consistent with the City‘s General Plan and MP-177 since th
proposed density of 1.90 du’s/acre is within the density range of 0-4 du’s/acr
specified for the site as indicated on the Land Use Element of the General Plar
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 developme1
permitted through Master Plan 177.
3. The Planning Commission has, by inclusion of an appropriate condition to th
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 Plannin
Commission has added a condition that a note shall be placed on the final ma
that building permits may not be issued for the project unless the City Enginec
determines that sewer service is available, and building cannot occur within tE
project unless sewer service remains available, and the Planning Commission
satisfied that the requirements of the Public Facilities Element of the General Pla
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 th
Carlsbad 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 2
conditions of approval.
7. The applicant has agreed and is required by the inclusion of an approprial
condition to pay a public facilities fee. Performance of that contract and paper
of the fee will enable this body to find that public facilities will be availab’
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 2
Negative Declaration has been issued by the Planning Director on June 21
1991, and APPROVED by the Planning Commission on December 4, 199
In approving this Negative Declaration the Planning Commission has considerf
the initial study, the staff analysis, all required mitigation measures and ar
written comments received regarding the significant effects this project could ha1
on the environment.
10. The applicant is by condition, required to pay any increase in public facility fe
or new construction tax, or development fees, and has agreed to abide by a~
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additional requirements established by a Local Facilities Management Pla
ensure continued availability of public facilities and will mitigate any curnulath
impacts created by the project.
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.
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This wj
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13. The Tentative Tract Map, CI' 90-35, satisfies all requirements of Tide 21, tk 7
Tentative Map (CI' 89-37).
12. As discussed in the staff report, the grading for CI' 90-35 substantial
complies with the mass grading approved on the Aviara Phase I1 Mastl
a Subdivision Ordinance and the State Map Act.
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14. As discussed in the staff report, the design of CT 90-35 is consistent with tl intent of Master Plan 177.
15. The project n 90-35, is in compliance with the underlying Mello I and Ea
Batiq~tos Lagoon Local Coastal Programs.
Conditions:
1. Approval is granted for CT 90-35, as shown on Exhibits "Att-'T', date
December 4, 1991, incorporated by reference and on file in the Plannin
Department. Development shall occur substantially as shown unless othenvis
noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy c
the Tentative Map as approved by the Planning Commission. The Tentative Ma
submitted to the City Engineer prior to building, grading or improvement pla
submittal, whichever occurs first.
shall reflect the conditions of approval by the City. The Map copy shall E
3. A 500' scale mylar map of the subdivision shall be submitted to the Plannin
Director prior to the recordation of the final map. Said map shall show all lo1
and streets within and adjacent to the project.
4. This project is approved upon the express condition that the final map shall nc
be approved unless the City Council finds as of the time of such approval ths
sewer service is available to serve the subdivision.
5. This project is also approved under the express condition that the applicant pa
the public facilities fee adopted by the City Council on July 28, 1987 and a
amended from time to time, and any development fees established by the Cit
ordinance adopted to implement a growth management system or facilities an
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othc
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improvement plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated November 15, 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 unles:
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 a:
part of building permit application. These fees shall be based on the fee schedulc
in effect at the time of building permit application. All or a portion of said fee!
may be waived subject to the approval of the Carkbad Unified School District.
8. Water shall be provided to this project pursuant to the Water Service agreemen
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 Maste
Plan 177 and the Zone 19 Local Facilities Management Plan approved by the Cit
Council on December 22, 1987, incorporated herein and on file in the Plannin;
Department and any future amendments to the Plans made prior to the issuancl
of building permits.
10. If any condition for construction of any public improvements or facilities, or thl
payment of any fees in lieu thereof, imposed by this approval or imposed by lav
on this project are challenged this approval shall be suspended as provided il
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 th
Zoning Ordinance and all other applicable City ordinances in effect at time c
building permit issuance.
12. The applicant shall annex the Aviara Planning Area 29 open space areas into tl
Aviara Master homeowner's association concutrent with the recordation of tl
final map.
13. The applicant shall prepare a detailed landscape and irrigation plan which shall E
submitted to and approved by the Planning Director prior to the issuance 1
grading or building permits, whichever occurs first.
14. All landscaped areas shall be maintained in a healthy and thriving condition, frc
from weeds, trash, and debris.
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15. Existing onsite trees shall be retained wherever possible and shall be trimmed
and/or topped. Dead, decaying or potentially dangerous trees shall be approved
for removal at the discretion of the Planning Department in conformance with the
Phase 11 Master Tentative Map (CT 89-37) Tree Preservation Plan. Those trees
which are approved for removal shall be replaced as required by the Phase I1 Tree
Preservation Plan , No tree removal shall occur prior to written approval of the
tree removal program by the Planning Director.
16. 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. Tht
trees shall be of a variety selected from the approved Street Tree List.
17. Preliminary landscape plans shall be submitted.
18. All landscape plans shall be prepared to conform with the Landscape Guideline:
Manual and submitted per the landscape plan check procedures on file in tht
Planning Department.
19. Landscape plans shall be designed to minimize water use. Lawn and other Zonc
1 plants (see Landscape Guidelines Manual) shall be limited to areas of specia
design shall promote water conservation.
visual importance or high use, Mulches shall be used and irrigation equipment an(
20. All herbicides shall be applied by applicators licensed by the State of California.
21. The applicant shall pay a landscape plan check and inspection fee as required b
Section 20.08.050 of the Carlsbad Municipal Code.
22. As part of the plans submitted for building permit plan check, the applicant shal
include a reduced version of the approving resolutionhesolutions on a 24" x 36
blueline drawing. Said blueline drawing(s) shall also include a copy of an
applicable Coastal Development Permit and signed approved site plan.
23. Prior to final map approval for CX 90-35, the project applicant or their successc
in interest shall enter into an agreement with the City to provide the Aviara Mastc Plan's proportional share of the Ciqs total obligation for very low, low an
moderate income housing units.
24. This project is approved subject to the condition that a Site Development Pla
must be approved by the City, prior to the issuance of any residential buildir
permits, withjn this subdivision.
25. The applicant shall establish a homeowner's association and correspondir
covenants, conditions and restrictions. Said CC&R's shall be submitted to ar
approved by the Planning Director prior to final map approval. The CC&R7s SIX
include provisions specifying Master homeowners association or PA 2
neighborhood homeowners association maintenance responsibility for all natw
and manufactured project open space areas.
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The applicant shall submit a street name list consistent with the City's street namc
policy subject to the Planning Director's approval prior to final map approval.
This project is approved subject to the condition that all project landscapin;
proposed on Exhibits "E" - "I", dated December 4, 1991 shall be irrigated wit1
reclaimed water.
Prior to the recordation of the first hal tract map the owner of record of th
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 airnal
operating from Maellan-Palomar Airport in a manner meeting the approval of th
Planning Director and the City Attorney. The applicant shall post aircraft nois
notification signs in all sales and/or rental offices associated with the ne1
development. The number and locations of said signs shall be approved by th
Planning Director.
Prior to the issuance of a grading permit or the recordation of the final map, th
project applicant shall receive a Coastal Development Permit that approve
development that is in substantial conformance with this City approval. Th
Coastal Permit shall be required to be submitted to the City Planning Departma
for review prior to the issuance of a grading permit.
Prior to final map approval or the issuance of a grading permit for CI' 90-35, th
Aviara Phase II Tentative Map (CT 89-37) must be recorded as a final map.
This project currently shows no retaining walls. This project is approved subjec
to the condition that no retaining walls greater than two feet in height, within th
front or sideyard setback areas shall be permitted, unless specifically approved b
the Planning Commission during subsequent site development plan review.
This project is approved subject to the condition that grading proposed as part (
any future Site Development Plan over the subject property shall be in substanti
conformance with the grading approved through this tentative map.
This project is approved subject to the condition that those portions of Lots 8-1
and 20-23 which are located within Coastal Commission deed restricted area
shall be required to be placed under an open space easement which shall prohib
any encroachment for development in perpetuity. Any future site developma
plan processed for these lots shall be required to locate project fencing outside (
the deed restricted area.
The slope area between the northerly boundary of the pads of lots 12 through 1
and the northerly property line of Planning Area 29 shall be placed in an opt
space easement and maintained in common by the Aviara Master Associatio Except for perimeter fencing, no walls, fences, or other structures shall be allowr within the easement. The wording of the restrictions in the easement shall 1
submitted for the prior approval of the City of Carlsbad. A note to this effect slx
be placed on the final map.
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Ennineerinsz Conditions:
35. This project is located within the Mello 1 and the East Batiquitos Lagoon Loca
Coastal Plans. All development design shall comply with the requirements of thost
plans.
36. Unless a standard variance has been issued, no variance from City Standards i!
authorized by virtue of approval of this tentative map.
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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.
38. The developer shall be responsible for coordination with SDG&E, Pacifii 7 Telephone, and Cable TV authorities.
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39. This project is approved specifically as 1 (single) phase.
40. All private drainage easements shall be maintained by the homeowner's associatiol
individually owned lot). An appropriately worded statement clearly identifying th,
responsibility shall be placed in the CC&R's.
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41. Approval of this tentative tract map shall expire twenty-four (24) months from th
extension may be requested by the applicant. Said extension shall be approved a
denied at the discretion of the Planning Commission. In approving an extensior
the Planning Commission may impose new conditions and may revise existin
conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
date of Planning Commission approval unless a final map is recorded, A
16 42. Prior to approval of the final map the developer shall enter into an agreement wit
17 the City to pay any drainage area fees established as a result of the forthcomin
18 I/ Master Drainage Plan Update.
19 i 43. The owner of the subject property shall execute a Hold Harmless Agreemer
regarding drainage across the adjacent property prior to approval of the final ma
20 for this project.
21 44. No grading permits shall be issued for this subdivision prior to recordation of tl-
22 II final map.
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45. Based upon a review of the proposed grading and the grading quantities shown c
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 receiT
approval for grading plans in accordance with City codes and standards, be issuc
a grading permit and complete the grading work in substantial conformance wil
the approved grading plans.
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46. No grading shall occur outside the limits of the subdivision unless a grading o
slope easement is obtained from the owners of the affected properties. If thc
developer is unable to obtain the grading or slope easement, he must either amenc
the tentative map or change the slope so grading will not occur outside the projec
site in a manner which substantially conforms to the approved tentative map a
determined by the City Engineer and Planning Director.
47. Prior to hauling dirt or construction materials to nay proposed construction sit
within this project the developer shall submit to and receive approval from the Cit
Engineer for the proposed haul route. The developer shall comply with a
conditions and requirements the City Engineer may impose with regards to th
hauling operation.
48. The developer shall exercise special care during the construction phase of thi
project to prevent offsite siltation. Planting and erosion control shall be provide
in accordance with the Carlsbad Municipal Code and the City Engineer. Referenc
Chapter 11.06.
49. Additional drainage easements and drainage structures shall be provided c
installed prior to the issuance of grading or building permit as may be required b
the City Engineer.
50. The developer shall make an offer of dedication to the City for all public streef
and easements required by these conditions or shown on the tentative map. Th
offer shall be made by a certificate on the final map for this project. All land s
offered shall be granted to the City free and clear of all liens and encumbrance
and without cost to the City. Streets that are already public are not required t
be rededicated.
51. Prior to approval of any grading or building permits for this project, the ownc
shall give written consents to the annexation of the area shown within th
boundaries of the site plan into the existing City of Carlsbad Street Lighting an
Landscaping District No. 1. The form shall be provided by the City during tl!
improvement plancheck process.
52. Runoff from this project is conveyed to environmentally sensitive areas. TI
subdivider shall provide adequate means of eliminating grease and oils fro1
drainage prior to discharge. Plans for such improvements shall be approved by tk
City Engineer prior to issuance of grading or building permit.
53. Plans, specifications, and supporting documents for all improvements shall 1
prepared to the satisfaction of the City Engineer. Prior to approval of the fin
map in accordance, with City Standards the Developer shall install, or agree 1
install and secure with appropriate security as provided by law, improvemen
shown on the tentative map and the following improvements:
A. full street improvements for Whimbrel Court
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B. the construction of the 24 foot wide gated emergency access road to Dais3
Lane to the satisfaction of the City Engineer. The security gate shall bc
located at the subdivision boundary and be provided with "Knox" kel
operated override switch, as specified by the Fire Department. The desigr
of the gate shall be subject to the approval of the Fire Marshal and thc
Planning Director.
54. Improvements listed above shall be constructed within 18 months of Final Mal
approval.
55. prior to final map approval, the tract map for CT 89-37 must be recorded and tht
mass grading for Lot 8 of CT 89-37 shall be complete and finaled to th( satisfaction of the City Engineer.
56. The subject property is within the boundaries of Assessment District No. 88-
(Alga Road). Upon the subdivision of land within the district boundaries, th
subdivider may pass through assessments to subsequent owners & if th
subdivider has executed a Special Assessment District Pass-Through Authorkatio~
Agreement. Said agreement contains provisions regarding notice to potentiz
buyer of the amount of the assessment and other provisions and requires th
subdivider to have each buyer receive and execute a Notice of Assessment and a:
Option Agreement, the assessment on the subject property must be paid off in fu
by the subdivider prior to any subdivision of the land.
57. As required by State law, prior to the recordation of a final map over any of th
subject property, an application for segregation of assessments must be submitte
for all subdivided lots. By applying for a segregation of assessments, th subdivider agrees to pay the fee to cover the costs associated with the segregatio1
A segregation is not required if the subdivider pays off the assessment on th
subject property prior to the recordation of the final map. In the event
segregation of assessments is not recorded and property is subdivided, the fu
amount of assessment will appear on the tax bills of each new lot.
58. Any encroachment throughout construction into deed restricted or undisturbc
open space for the purpose of grading will require an amendment to the tentatil
map and approval of the California Coastal Commission. A note to this effect slx
appear on the final grading plan.
59. prior to the commencement of any grading activities, the developer shall fence a
the deed restricted and undisturbed open space to the satisfaction of the Ci
Engineer and the Planning Director. A note to this effect shall appear on the fin
grading plans. The existing fencing for the Phase I1 Master Tentative M;
conforms to this condition.
60. Lots 33 and 34 are open space lots and shall be deeded over to the Aviara Mast
Association concurrent with final map recordation per the agreement between tl
developer and the Aviara Master Association. Lots 33 and 34 are non-buildab
lots. A note to this effect shall be placed on an additional map sheet on the fin
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map per the provisions of Section 66434.2 and 66445 of the Subdivision Map Act
61. 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 o
its agents, officers or employees to attach, set aside, void or null an approval o
the City, the Planning Commission or City Engineer which has been brough against the city within the time period provided by Section 66499.37 of th
Subdivision Map Act.
62. Concurrent with final map recordation, all lots with sight distance corridors sha!
record a "Notice of Restriction on Real Property" for restricting height c
landscaping and structures to 30" above the street.
63. Prior to approval of the final map the property owner shall agree to participate i
a drainage maintenance assessment district. The mechanism for such agreemer
shall be to the satisfaction of the City Engineer and the Utilities and Maintenanc
Director.
Fire Conditions:
64. Additional onsite water mains and public hydrants are required.
65. Applicant shall submit a site plan to the Fire Department for approval, whic
depicts location of required, proposed public water mains and fire hydrants. Th
plan should include offsite fire hydrants within 200 feet of the project.
66. An all-weather, unobstructed access road suitable for emergency service vehicle
shall be provided and maintained during construction. When in the opinion of th
Fire Chief, the access road has become unserviceable due to inclement weather c
other reasons, he may, in the interest of public safety, require that constructio
operations cease until the condition is corrected.
67. All required fire hydrants, water mains and appurtenances shall be operation;
prior to combustible building materials being located on the project site.
68. Native vegetation which presents a fire hazard to structures shall be modified (
removed in accordance with the specifications contained in the City of Carlsbz
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan 1
the Fire Department for approval.
69. All security gate systems controlling vehicular access shall be equipped with
"Knox", key operated emergency entry device. Applicant shall contact the Fi:
Prevention Bureau for specifications and approvals prior to installation.
70. The applicant shall provide a street map which conforms to the followi1
requirements: A 400 scale photo-reduction mylar, depicting proposc
improvements and at least two existing intersections or streets. The map shall all
clearly depict street centerlines, hydrant locations and street names.
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71. Applicant shall submit a site plan depicting emergency access routes, driveway and traffic circulation for Fire Department approval.
Carlsbad Municipal Water District:
72. The entire potable and non-potable water systems for subject project shall b
evaluated in detail to ensure that adequate capacity and pressure for domestic
non-potable and fire flow demands are met.
5 73. The DevelopeJs Engineer shall schedule a meeting first with the City Fire Marsh
and then with the District Engineer to review the preliminary water system layox
6 prior to preparation of the water system improvement plans.
7 74. The Developer will be responsible for all fees and deposits plus the major facilit
8 charge which will be collected at time of issuance of building permit. Th
Developer shall pay a San Diego County Water Authority capacity charge whic
9 will be collected at issuance of application or meter installation.
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75. 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 service is available at th
time of application for water service and will continue to be available until tim
of occupancy.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
Commission of the City of Carlsbad, California, held on the 4th day of December, 199:
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AYES: Chairman Holmes, Commissioners: Schlehuber, Savary, Nob:
tk Hall.
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NOES: Commissioner Erwin.
ABSENT: Commis
ROBERT HOLMES, Chairperson
CAIUSBAD PLANNING COMMISSION
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