HomeMy WebLinkAbout1991-12-04; Planning Commission; Resolution 3324.m , I/
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PLANNING COMMISSION RESOLUTION NO. 3324
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF BATIQUITOS DM.
CASE NAME: AVIARA PLANNING AREA 27
CASE NO: CT 90-34
WHEREAS, a verified application for certain property to wit:
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Portions of Sections 27 and 34 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
lo (1 WHEREAS, said verified application constitutes a request as provided by Title 21 of
11 the Carlsbad Municipal Code; and
12 WHEREAS, the Planning Commission did, on the 4th day of December, 1991, hold
13 a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
22 APPROVES CT 90-34, based on the following findings and subject to the following
conditions:
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25 1. The project is consistent with the City‘s General Plan and MP 177 since the
proposed density of 2.48 du’s/acre is within the density range of 0-4 du’s/acre
26 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. 27
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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 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 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 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 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.
8. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General
Plan.
1 18 9. This project will not cause any significant environmental impacts and a Negative
APPROVED by the Planning Commission on December 4, 1991. In approving this
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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Negative Declaration the Planning Commission has considered the initial study, the 20
Declaration has been issued by the Planning Director on October 31, 1991 and
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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.
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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 19.
12. As discussed in the staffreport, the grading for CX 90-34 substantially complies with
the mass grading approved on the Aviara Phase 11 Master Tentative Map (CX 89-
37).
13. The Tentative Tract Map, CI' 90-34, satisfies d requirements of Title 21, the
Subdivision Ordinance, and the State Map Act.
14. The design of CT 90-34 is consistent with MP 177.
15. The Tentative Tract Map, CX 90-34, is in compliance with the underlying East
Batiquitos and Mello I Local Coastal Programs.
Conditions:
1. Approval is granted for CT 90-34, as shown on Exhibit(s) "A" - "H", dated December
4, 1991, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions. I
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of
the Tentative Map as approved by the Planning Commission. The Tentative Map
shall reflect the conditions of approval by the City. The Map copy shall be
submitted to the City Engineer prior to issuance of building permits or improvement
plan submittal, whichever occurs 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 the final map shall not be
approved unless the City Council finds as of the time of such approval that sewer
service is available to serve the subdivision,
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5. This project is also approved under the express condition that the applicant pay the
public facXties fee adopted by the City Counc;l 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 26, 1991, 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. All or a portion of said fees 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 agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
25, 1983.
9. This project shall comply with all conditions and mitigation required by Master Plan
177 and the Zone 19 Local Facilities Management Plan approved by the City Council
on December 22,1987, incorporated herein and on €ile in the Planning Department
and any future amendments to the Plan made prior to the issuance of building
permits.
~ 10. If any condition for construction of any public improvements or facilities, or the
I 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.
11. 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.
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12. The applicant shall annex the Aviara Planning Area 27 open space areas into the
Aviara Master Homeowner's Association concurrent with the recordation of the final
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13. The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading
or building permits, whichever OCCUTS first.
14. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
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 I1 Master TentaGve Map (CT 89-37) Tree Preservadon Plan. Those trees
which are approved for removal shall be replaced as required by the Phase II Tree
preservation Plaa 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. The
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 Guidelines Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
19. Landscape plans shall be designed to minimize water use. Lawn and other zone I
plants (see 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.
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20. Prior to final occupancy, a letter from a California licensed landscape architect shall
be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
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 approdng 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.
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24. prior to final map approval for CT 90-34, the project applicant or their successor in
Plan's proportional share of the City's total obligation for very low, low, and 1
moderate income housing units. 2
interest shall enter into an agreement with the City to provide the Aviara Master
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25. Th;s project is approved subject to the condhion that a Site Development PL must
be approved by the City prior to the issuance of any residential building permits
withjn this subdivkioll.
26. The applicant shall establish a homeowner's association and corresponding
covenants, conditions and restrictions. Said CC&R's shall be submitted to and
approved by the Planning Director prior to final map approval. The CC&R's shall
include provisions specifying Master Homeowner's Association or PA 27
Neighborhood Homeowners Association maifltenaflce responsibility for all natural
and manufactured project open space areas.
27. 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.
28. This project is approved subject to the condition that all project landscaping
proposed in Wxibits 'F' - 'W', dated December 4, 1991, shall be irrigated with /I reclaimed water. 13
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29. Prior to the recordation of the first final tract map, the owner of record of the
property within the boundaries of this tentative tract map shall prepare and record
a notice that this property is subject to overflight, sight, and sound of aircraft
operating from McClellan - Palomar Airport, in a manner meeting the approval of
the Planning Director and the City Attorney. The applicant shall post aimaft noise
notification signs in all sales and/or rental offices associafed with the new
development. The number and locations of said signs shall be approved the
Planning Director. i
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19 1 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 which approves
Coastal Permit shall be required to be submitted to the City Plannitlg Department
for review prior to the issuance of a grading permit.
20 development which is in substantial conformance with this City approval. The
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23 Aviara Phase 11 Tentative Map (CX 89-37) must be recorded as a final map.
31. Prior to final map approval or the issuance of a grading permit for (X 90-34, the
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32. This project currently shows no retaining walls. This project is approved subject to
the condition that no retaining walls greater than 2 feet in height within the front
or side yard setback area shall be permitted unless specifically approved by the
Planning Commission during subsequent plan review.
33. This project is approved subject to the condition that grading proposed as part of
any hture Site Development Plan over the subject property shall be in substantial
conformance with the grading approved through this tentative map.
34. This project is approved subject to the condition that those portions of Lots 24,25,
28,29,32,33 and 36 which are located within Coastal Commission deed restricted
areas shall be required to be placed under an open space easement which shall
prohibit encroachment for development in perpetuity. Any hture Site Development
Plan processed for these lots shall be required to locate project fencing outside of
the deed restricted area-
35. All trails must be shown on the approved landscape plan.
Enpineering Conditions:
36. Any grading for trails on manufactured slopes must be shown on the approved
grading PI=
37. This project is located within the Mello I and East Batiquitos/I-Iunt Local Coastal
Plan. All development design shall comply with the requirements of that plan.
38. Unless a standard variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
39. The developer shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
19 (1 40. The developer shall be responsible for coordination with S.D.G.&E., Pacific
20 I1 Telephone, and Cable TV authorities.
21 41. Prior to final map approval the tract map for CX 89-37 must be recorded and the
mass grading for CX 89-37, Lot 6, shall be complete and finaled to the satisfaction
22 of the City Engineer.
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42. The applicant shall defend, indm 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.
43. Approval of this tentative tract map shall expire twenty-four (24) months from the
date of Planning Commission 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 Planning Commission. In approving an extension, the Planning
Commission may impose new conditions and may revise existing conditions
pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
8 44. Prior to approval of the hal map the developer shall enter into an agreement with
9 the City to pay any drainage area fees established as a result of the forthcoming
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Master Drainage Plan Update.
45. The subject property is within the boundaries of Assessment District No. 88-1 (Alga
Road). Upon the subdivision of land within the district boundaries, the applicant
executed a special Assessment District Pass-through Authorization Agreement. Said 13
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Agreement contains provisions regarding notice to potential buyer of the amount of
the assessment and other provision and require the applicant to have each buyer
receive and execute a Notice of Assessment and an Option Agreement. In the event
15 that the applicant does not execute the Authorization Agreement, the assessment on
12 may pass through assessment to subsequent owners & if the applicant has
I6 I( the subject property must be paid in full bv the applicant prior to any subdivision
of the land.
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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.
As required by state law, prior to the recordation of a final map over any of the
subject property, a segregation of assessments must be completed and recorded for
all subdivided lots. By applying for a segregation of assessments, the applicant
agrees to pay the fee to cover the costs associated with the segregation. A
segregation is not required if the applicant pays off the assessment on the subject
property prior to the recordation of the final map- In the event a segregation of
assessments is not recorded and property is subdivided, the full amount of
assessment will appear on the tax bills of & new lot.
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48. Based on a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit is required for this project. Prior to approval of a
final map the applicant shall submit and receive approval for grading plans in
grading permit shall be obtained and grading be completed in accordance with
approved grading plans.
accordance with City Codes and standards. Prior to issuing a buildmg permit a
49. 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.
8 50. The developer shall exercise special care during the construction phase of this
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chap 11.06.
9 project to prevent offsite siltation. Planting and erosion control shall be provided
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11 51. Additional drainage easements may be required. Drainage structures shall be
12 provided or installed prior to the issuance of grading or building permit as may be
required by the City F.ngineer. 13
14 52. 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
15 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
16 cost to the City. Streets that are already public are not required to be rededicated.
l7 53. Plans, specifications, and supporting documents for all improvements shall be
18 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
19 and secure with appropriate security as provided by law, improvements shown on
20 /I the tentative map and the following improvements:
21 I1 A. Full public street improvements for Savannah Lane, and Golden Star Lane.
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B. Public storm drain and sewer facilities as shown within the tentative map
boundaries.
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54. Improvements listed above shall be constructed within 18 months of final map
approval and/or improvement plan approval, whichever occurs first.
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55. 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
the site plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1. The form shall be provided by the City during the improvement
plancheck process.
56. Open space lot (Lot No. 36) shall be owned in fee and maintained by the Aviara
Master Association.
57. Concurrent with final map recordation, all lots with sight distance corridors shall
record a "Notice of Restriction on Real Property'' for restricting height of landscaping
and structures to 30" above the street.
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59.
The developer shall record open space easements which shall prohibit any
encroachment for development in perpetuity on the slopes of all lots that have lot
lines that do not correspond to the tops or bottoms of slopes and Lots 1 - 15 facing
Batiquitos Drive. These slopes are to be maintained by the Aviara Master
Association.
Any encroachment through construction into deed restricted or undisturbed open
space for the purpose of grading will reqyire an amendment to the tentative map
and approval of the Mornia Coastal Commission. A note to this effect shall
appear on the final grading plan.
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61. Prior to issuing a building pennit on any lot in this subdivision a Site Development I'i'
p&g plans. 16
F.ngineer and the Planning Director. A note to this effect shall appear on the final
the deed restricted and undisturbed open space to the satisfaction of the City 15
60. Prior to the cornencement of any grading activities, the developer shall fence off
retaining walls will be issued without specific approval on the Site Development
Plan shall be approved by the Planning Commission. No building permit for any 18
19 Plan, A note to this effect shall be placed on the final map.
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62. Prior to approval of the final map the property owner shall agree to participate in
a drainage maintenance assessment district. The mechanism for such agreement
shall be to the satisfaction of the City Engineer and the Utilities and Maintenance
22 Director.
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Fire Conditions:
63. Additional on-site public hydrants are required.
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64. An all-weather access road shall serve the project during construction.
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65. All required fire hydrants, water mains and appurtenances shall be operational prior
to combustible building materials being located on the project site.
66. Brush clearance shall be maintained according to the specifications contained in the
City of Carlsbad Landscape Manual. Applicant shall provide brush clearance plan
to the Fire Department for approval.
67. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing
systems, automatic sprinklers, and other systems pertinent to the project shall be
submitted to the Fire Department for approval prior to construction.
68. Prior to submittal of water improvement plans, the applicant shall submit to the Fire
Department a map, showing the street network, conforming to the following
criteria:
* 400’ scale * Photo reduction on mylar * At least two existing streets and/or intersections shall be referenced on the
* Maps shall include the following information: map (not a separate vicinity map)
Street centerlines
Street names
Fire hydrant locations
klsbad Municipal Water District:
69. The entire potable and non-potable water system/systems for subject project shall
be evaluated in detail to ensure that adequate capacity and pressure for domestic,
landscaping and fire flow demands are met.
70. The developefs engineer shall schedule a meeting with the District Engineer and the
City Fire Marshal and review the preliminary water system layout prior to
preparation of the water system improvement plans.
71. The developer will be responsible for all fees and deposits plus the major facility
charge which will be collected at time of issuance of building permit.
72. This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the water district serving
the development determines that adequate water and service is available at the time
of application for water service and will continue to be available until time of
OCCUpaflcy.
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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 4th day of December, 1991,
by the following vote, to wit:
AYES: Chairman Holmes, Commissioners: Schlehuber, Savary, Erwin,
Noble & Hall.
NOES: None.
ABSENT: Commissioner Schramm.
ABSTAIN: None.
t'
ROBERT HOLMES, Chairperson
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