HomeMy WebLinkAbout1994-01-05; Planning Commission; Resolution 3607-(I 0 6
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PLANNING COMMISSION RESOLUTION NO. 3607
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNLA, RECOMMENDING
APPROVAL OF A TENTATlVE TRACT MAP TO SUBDMDE A
184 UNIT MULTIFAMILY RESIDENTIAL DEVELOPMENT ON
PROPERTY GENERALLY LOCATED 0.25 MILES WEST OF EL
CAMINO REAL AND 0.75 MILES SOUTH OF PALOMAR
AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE
21.
CASE NAME: POINSETTIA HILL
CASE NO: CT 93-03
WHEREAS, a verified application for certain property to wit:
The northwest quarter of the southwest quarter of Section 23,
Township 12 south, Range 4 west, in the City of Carlsbad, San
Diego County.
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 Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of January, 1994,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to CT 93-03; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 93-03, based on the following findings and subject
to the following conditions:
Fhdinm:
' 1. The project is consistent with the City's General Plan since the proposed density of
6.3 dudacre is within the density range of 4 to 8 dus/acre specified for the site as
indicated on the Land Use Element of the General Plan.
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2. The site is physically suitable for the type and density of the development since thc
1 site is adequate in size and shape to accommodate residential development at thf
density proposed. 2
3 3. The project is consistent with all City public facility policies and ordinances since:
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a. The Planning Commission has, by inclusion of an appropriate
condition to this project, ensured building permits will not be issued
for the project unless the City Engineer determines that sewer service
is available, and building cannot occur within the project unless sewer
service remains available, and the Planning Commission is satisfied
that the requirements of the Public Facilities Element of the General
Plan have been met insofar as they apply to sewer service for this
project.
9 I1 b. Park-in-lieu fees are required as a condition of approval.
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c. All necessary public improvements have been provided or will be
required as conditions of approval.
d. 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.
4. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential, planned industrial, and
community park development on the General Plan.
18 5. The project has incorporated suflicient additional public facilities for the nine (9)
units in excess of the growth control point to ensure that the adequacy of the City's
19 public facilities plans will not be adversely impacted.
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6. There have been sufficient developments approved in the southwest quadrant at
densities below the growth control point so that approval will not result in
exceeding the quadrant limit of 12,859 dwelling units.
7. All necessary public facilities required by Chapter 21.90, the Growth Management
Ordinance, will be constructed and are guaranteed to be constructed concurrently
with the need for them created by this development and in compliance with the
adopted City Standards.
25 ~1 1 8. This project will not cause any significant environmental impacts and a Mitigated
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Negative Declaration has been issued by the Planning Director on November 11,
1993. In recommending approval of this Mitigated Negative Declaration the
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Planning Commission has considered the initial study, the staff analysis, all requirec
mitigation measures and any written comments received regarding the significan
effects this project could have on the environment.
9. This project is consistent with the City's Growth Management Ordinance as it ha!
been conditioned to comply with any requirement approved as part of the Loca
Facilities Management Plan for Zone 21.
10. The design of the subdivision will not conflict with easements or records o
easements established by court judgementy acquired by the public at largey for acces
through or use of property within the proposed subdivision.
Conditions:
1. Approval is granted for CT 93-03, as shown on Exhibits "A" - "NN", dated Januq
5, 1994, incorporated by reference and on file in the Planning Department
Development shall occur substantially as shown unless otherwise noted in thesf
conditions.
2. The developer shall provide the City with a reproducible 24" x 36', mylar copy 01
the tentative map as approved by the City Council. The tentative map shall reflect
the conditions of approval by the City. The tentative map copy shall be submitted
to the City Engineer and approved prior to building, grading, final map, 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 also approved under the express condition that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987 (amended July 2,
1991) 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 March 19, 1992, 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.
5. 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 and sewer facilities is
available at the time of application for water service and sewer permits and will
continue to be available until time of occupancy. This note shall be placed on the
final map.
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.
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7. The applicant shall provide school fees to mitigate conditions of overcrowding a
1 part of building permit application. These fees shall be based on the fee schedul
in effect at the time of building permit application. 2
3 8. This project shall comply with all conditions and mitigation measures which ma
be required as part of the Zone 21 Local Facilities Management Plan and an
4 amendments made to that Plan prior to the issuance of building permits.
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9. Approval of CT 93-03 will be null and void if the property subject to this approva
is not annexed to the City of Carlsbad Community Facilities District No. 1 within 6(
days from the date of final City Council action. Additionally, annexation must occu
7 prior to the issuance of any grading, building or other pennit.
8 10. The following note shall be placed on the Final Map. "Prior to issuance of ~
building permit for any buildable lot within the subdivision, the property owne
Resolution No. 91-39".
9 shall pay a one-time special development tax in accordance with the City Councj
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11. Prior to the approval of the final map for any phase of this project, or where a ma1
is not being processed, prior to the issuance of building permits for any lots or units
the applicant shall enter into an Affordable Housing Agreement with the City t(
either provide and deed restrict 24 dwelling units as affordable to lower-incomr
households for the useful life of the dwelling units or pay to the City an inclusionaq
housing impact fee as an individual fee on a per market-rate dwelling unit basis
Should the applicant choose to pay the inclusionary housing impact fee, the site fo:
the proposed affordable dwelling units shall be redesignated a remainder parcel an(
shall remain in an undeveloped state, subject to subsequent discretionary approval
12. If any condition for construction of any public improvements or facilities, or thc
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 ir
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.
13. 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.
14. Approval of CT 93-03 is granted subject to the approval of CP 93-02, SDP 93-02
and HDP 92-04. CT 93-03 is approved subject to all conditions of approval for CF
93-02, SDP 93-02, and HDP 93-02, Planning Commission Resolution No's. 3608,
3609, and 3610, incorporated herein by reference and on file in the Planning
Department.
15. 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.
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The applicant shall submit a street name list consistent with the City's street nam
policy subject to the Planning Director's approval prior to final map approval.
The applicant shall prepare a detailed landscape and irrigation plan which shall b
submitted to and approved by the Planning Director prior to the approval of gradin
or building plans, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, fre
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of 40-foot intervals alon
all public street frontages in conformance with City of Carlsbad standards. Th
trees shall be of a variety selected from the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Manual an
submitted per the landscape plan check procedures on file in the Plannin
Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone
plants (see Landscape Manual) shall be limited to areas of special visual irnportanc
or high use. Mulches shall be used and irrigation equipment and design sha
promote water Conservation.
Prior to final occupancy, a letter from a California licensed landscape architect sha
be submitted to the Planning Director certifying that all landscaping has beel
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required b:
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plm
improvement plans and grading plans.
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26. All landscape and irrigation plans shall show existing and proposed contours an
shall match the grading plans in terms of scale and location of improvements.
27. The developer shall display a current Zoning and Land Use Map in the sales officc
at all times, or suitable alternative to the satisfaction of the Planning Director.
28. All sales maps that are distributed or made available to the public shall include bu
not be limited to trails, future and existing schools, parks (which could includc
lighting), and streets.
29. This project is being approved as a condominium permit for residentia
I homeownership purposes. If any of the units in the project are rented, th
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minimum time increment for such rental shall be not less than 26 days. A conditic
so stating this shall be placed in the CC&R's for the project.
30. Prior to the recordation of the first hal tract map the owner of record of t
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 aircr;
operating from McClellan-Palomar Airport in a manner meeting the approval oft
Planning Director and 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 t!
Planning Director.
31. Approval of CT 93-03 is subject to approval of the California Coastal Commissio
Any revisions that may be required by the Coastal Commission must be review'
and approved by the Planning Director and City Engineer prior to approval of a:
final map, and may necessitate a formal amendment to this approval.
32. CT 93-03 is approved subject to the condition that the construction of the lo(
collector serving the Poinsettia Hill project shall include a connection to the existin
unimproved access, as shown on Exhibits "C" - "I)", dated January 5, 1994.
addition, access for those agriculture uses traveling to and from El Camino Re
shall be maintained throughout construction of the Poinsettia Hill project, th
allows circulation adequate for vehicles meeting Caltrans Highway Design Manu
407D. Said access shall remain open for access until such time as alternate acce
has been provided, subject to approval of the City Engineer and Planning Directc
33. Prior to issuance of a building permit, the applicant shall establish a process
no*, to the satisfaction of the Planning Director and City Attorney, all owna
users and tenants of this project that: 1) this area is adjacent to industrj
operations; 2) the area may be subject to dust, pesticides, and odors associated wil
adjacent agricultural operations; and 3) the owners, users, and tenants occupy th
area at their own risk.
Engineerinn Conditions:
34. Prior to approval of the first final map a secondary access shall be provided 1
easements or guaranteed access rights in accordance with City Standards.
reciprocal access and maintenance agreement shall be recorded to the satisfactic.
of the City Engineer. The access may be for emergency use only.
35. Prior to occupancy of any unit within the project the secondary access must 1
constructed and operational. This access may be for emergency use only.
36. Direct access rights for all lots abutting Street "A" shall be waived on the final mar
37. This project is located within the Me110 11 segment of the Local Coastal Prograr
All development design shall comply with the requirements of those plans.
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Unless a standards variance has been issued, no variance from City Standards i
authorized by virtue of approval of this tentative map.
The applicant shall comply with all the rules, regulations and design requiremenl
of the respective sewer and water agencies regarding services to the project.
The applicant shall be responsible for coordination with S.D.G.&E., Pacific Be
Telephone, and Cable TV authorities.
This project is approved specifically as five (5) units for the purposes of recording
All public facilities needed to serve each unit and meet City Standards shall b
guaranteed for construction prior to recording of a final map for that unit.
If the applicant chooses to construct out of phase, the new phasing must b
reviewed and approved by the City Engineer and Planning Director.
The applicant shall provide an acceptable means for maintaining the privat
easements within the subdivision and all the private: streets, sidewalks, street light:
storm drain facilities and sewer facilities located therein and to distribute the cost
of such maintenance in an equitable manner among the owners of the propertie
within the subdivision. Adequate provision for such maintenance shall be include
with the CC&R's subject to the approval of the City Engineer prior to final ma
approval.
A note to the effect of the following shall be placed on a separate sheet of the fina
map. All improvements are private and are to be privately maintained with thc
exception of the following:
A. Street "A" and the public improvements therein and the water lines beneatl
the private streets that serve fire hydrants.
A note shall be placed on the improvement plans stating which utilities are publi
and which are private.
All concrete terrace drains shall be maintained by the homeowner's association (j
on commonly owned property) or the individual property owner (if on a:
individually owned lot). An appropriately worded statement clearly identifying th
responsibility shall be placed in the CC&R's.
Approval of this tentative tract map shall expire twenty-four (24) months from thc
date of City Council approval unless a final map is recorded. An extension may bc
requested by the applicant. Said extension shall be approved or denied at thc
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.
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 it
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agents, officers, or employees to attack, set aside, void or null an approval of th
City, the Planning Commission or City Engineer which has been brought against th
City within the time period provided for by Section 66499.37 of the Subdivisio
Map Act.
The applicant shall pay the current local drainage area fee prior to approval of tk
final map for this project or shall construct drainage systems in conformance wit
Master Drainage Plan and City of Carlsbad Standards as required by the Cii
Engineer.
Prior to approval of a final map the applicant shall pay all current fees and deposit
required.
The owner of the subject property shall execute an agreement holding the Cit
harmless regarding drainage across the adjacent property prior to approval of th
final map for this project.
Based upon a review of the proposed grading and the grading quantities shown o
the tentative map, a grading permit for this project is required. (Prior to final ma
approval, the applicant must submit and receive approval for grading plans i
accordance with City Codes and standards. Prior to issuance of a building perm
for the project, a grading permit shall be obtained and grading work be complete
in substantial conformance with the approved grading plans.)
The project is approved on the condition that exported graded materials will b
placed on APN 215-020-06 in a stockpile and used for completion of grading fa
Street "A" as a part of the grading permit for this project. The stockpile requires th
separate approval of Hillside Development Permit No. 93-12, "Sfregola Stockpile'
and this project shall conform to the conditions and requirements placed on th
approval of HDP 93-12.
Prior to issuing a grading pennit for this project, approval for a stockpile permit 0:
APN 215-020-06 by City Council shall be obtained.
The access ramps shown on the site plans for HDP 93-12 and CT 93-03, accessin
APN 215-020-06, are for temporary access and maintenance of the property and d
not represent an approval for future development of the site.
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 applican
is unable to obtain the grading or slope easement, no grading permit will be issued
In that case the applicant must either amend the tentative map or change the slopc
so grading will not occur outside the project site in a manner which substantiall:
conforms to the approved tentative map as determined by the City Engineer anc
Planning Director.
Prior to hauling dirt or construction materials to or from any proposed constructiol
site within this project, the applicant shall submit to and receive approval from th
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City Engineer for the proposed haul route. The applicant shall comply with a]
conditions and requirements the City Engineer may impose with regards to thl
hauling operation.
57. The developer shall exercise special care during the construction phase of thi
project to prevent offsite siltation. Planting and erosion control shall be providec in accordance with the Carlsbad Municipal Code and the City Engineer. Referencl
Chapter 11.06.
58. The applicant shall construct desiltation/detention/urban pollutant basin(s) of ;
type and a size and at location(s) as approved by the City Engineer. The applican
shall enter into a basin maintenance agreement and submit a maintenance bonc
satisfactory to the City Engineer prior to the approval of grading, building ped
or final map whichever occurs first for this project. Each basin shall be serviced b
an all-weather access/maintenance road. This condition may be met by basin(s
guaranteed for construction by other projects located offsite and downstream hm
this project.
59. Additional drainage easements may be required. Drainage structures shall bl
provided or installed prior to the issuance of grading or building permit as may bl
required by the City Engineer.
60. The owner shall make an offer of dedication to the City for all public streets an1
easements required by these conditions or shown on the tentative map. The offe
shall be made by a certificate on the final map for this project. All land so offerec
shall be granted to the City free and clear of all liens and encumbrances and withou
cost to the City. Streets that are already public are not required to be rededicated
61. The remainder parcel shown on sheet six (6) of the tentative map shall be offera
for dedication as a public street on the final map.
62. Some improvements shown on the tentative map and/or required by thes
conditions are located offsite on property which neither the City nor the owner ha
sufficient title or interest to permit the improvements to be made withou
acquisition of title or interest. The applicant shall conform to Section 20.16.095 c
the Carlsbad Municipal Code. This conditional approval is null and void if title t
said property is not obtained, unless the City Engineer and Planning Director mak
findings of substantial conformance without construction of said improvements.
63. The drainage system shall be designed to ensure that runoff resulting from 10-yea
frequency storms of 6 hours and 24 hours duration under developed conditions, ax
equal to or less than the runoff from a storm of the same frequency and duratio
under existing developed conditions. Both 6 hour and 24 hour storm durations sha
be analyzed to determine the detention basin capacities necessary to accomplish th
desired results prior to (final map approval) issuance of building or grading permil
whichever occurs first.
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64. The applicant shall comply with the City's 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 t
scharge to sensitive areas. Plans for such improvements shall be approved by th
City Engineer prior to approval of final map, issuance of grading or building permi
whichever occurs first.
65. Plans, specifications, and supporting documents for all public improvements sha
be prepared to the satisfaction of the City Engineer. Prior to approval of the fin;
map in accordance with City Standards, the applicant shall install, or agree to insta
and secure with appropriate security as provided by law, improvements shown o
the tentative map and the following improvements:
PRIOR TO APPROVING THE FIRST FINAL MAP:
k Street "A" within the subdivision boundaries and adjacent to the souther
subdivision boundary shall be constructed to full width public local stret
standards. Sidewalks and street lights may be omitted on the south side. ,
separate right-of-way dedication from APN 215-020-06 is required in ordc
for this condition to be met.
B. Street "A" from El Camino Real to the subdivision boundaries shall b
constructed with half street improvements plus 12 feet of paving based o
a right-of-way width of 60 feet and a roadway width of 40 feet.
C. A fully trafllc actuated signal at El Camino real and Street "A" and necessar
median improvements to the satisfaction of the city Engineer. If this sip
and median improvements are constructed by others then this project sha
pay its pro rata share of those improvements. The City may enter into
reimbursement agreement for portions of this signal. In the event thi
project constructs this signal, other projects shall reimburse their pro rat
share.
D. All offsite storm drains, all weather roads and easements as may be require
by the City Engineer.
E. All offsite sewer lines, water lines, all weather access roads and easemenl
as may be required by the District Engineer of the Carlsbad Municipal Wate
District.
A note to this effect shall be placed on an additional map sheet on the final map pe
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements liste
above shall be constructed within 18 months of approval of the secure
improvement agreement or such other time as provided in said agreement.
66. Prior to approval of a final map for any Unit within the subdivision, the develop
shall prepare improvement plans and pay the appropriate plan check fees for a
public improvements needed to serve that Unit in accordance with City Standards
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67. Prior to approval of the first final map, the developer shall pay or enter into a
agreement with the City to pay an appropriate share of the costs for th
construction of Poinsettia Lane as may be determined as being required for th
project consistent with the requirements of the Zone 21 Local Facilities Managema
Plan and any amendments thereto.
Fire Conditions:
68. Prior to the issuance of building permits, complete building plans shall be approve
by the Fire Department.
69. Additional onsite public water mains and fire hydrants are required.
70. Applicant shall submit a site plan to the Fire Department for approval, which depict
location of required, proposed and existing public water mains and fire hydrant!
The plan should include off-site fire hydrants within 200 feet of the project.
71. Applicant shall submit a site plan depicting emergency access routes, driveways an
traffic circulation for Fire Department approval.
72. 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.
73. All required weather mains, fire hydrants and appurtenances shall be operation2
before combustible building materials are located on the construction site.
74. Native vegetation which presents a fire hazard to structures shall be modified o
removed in accordance with the specifications contained in the City of Carlsbal
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to th
Fire Department for approval.
Water District Conditions:
75. The entire potable and non-potable water system/systems for subject project sha
be evaluated in detail to ensure that adequate capacity and pressure for domestic
landscaping and fire flow demands are met.
76. The developer will be responsible for all fees and deposits plus the major facilic
charge which will be collected at time of issuance of building permit. The develope
shall pay a San Diego County Water Authority capacity charge which will bc
collected at issuance of application for meter installation.
77. Sequentially, the Developer's Engineer shall do the following:
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A. Meet with the City Fire Marshal and establish the fire protection
1 requirements.
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B. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
C. Schedule a meeting with the District Engineer for review, comment anc
approval of the preliminary system layout usage (G.P.M. - E.D. U.) plan fol
potable, reclaimed and sewer systems prior to the preparation 0.
improvement plans.
7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj
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the following vote, to wit: 9
Commission of the City of Carlsbad, California, held on the 5th day of January, 1994, b;
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AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Savq
& Hall.
NOES: Commissioners: Erwin & Welshons.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
l8 I/ ATTEST:
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