HomeMy WebLinkAbout1994-01-19; Planning Commission; Resolution 3612-, e 0
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PLANNING COMMISSION RESOLUTION NO. 3612
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING ATENTATNE
TRACT MAP TO SUBDIVIDE AND DEVELOP 6 DETACHED
SINGLE FAMILY RESIDENTIAL UNITS ON PROPERTY
GENERALLY LOCATED IN THE NORTHEAST QUADRANT OF
THE CITY, EAST OF THE FUTURE ALIGNMENT OF
TAMARACK AVENUE, SOUTHEAST OF APPROVED VILLAGE
THE CALAVERA HILLS MASTER PLAN IN LOCAL FACILITIES
MANAGEMENT PLAN ZONE 7.
CASE NAME: CALAVERA HEIGHTS VILLAGE "R"
"T"-NORTH AND NORTHWEST OF LAKE CALAVERA WITHIN
CASE NO: CT 90-24
9 11 WHEREAS, a verified application for certain property to wit:
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A portion of Lot D of The Rancho Agua Hedionda in the Civ
of Carlsbad, County of San Diego, State of California,
according to the Map thereof No. 823 on file at the Office of
the County Recorder of San Diego County,
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WHEREAS, said verified application constitutes a request as provided by Title 14
has been filed with the City of Carlsbad and referred to the Planning Commission; and
21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 19th day of January, 1994
l8 I hold a duly noticed public hearing as prescribed by law to consider said request; and
19 i WHEREAS, at said public hearing, upon hearing and considering all testimony
20 and arguments, if any, of all persons desiring to be heard, said Commission considered all
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factors relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows :
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES CT 90-24, based on the following findings and subject to the
following conditions:
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Findings:
1. The project is consistent with the City's General Plan and the Calavera HiUs Mastf
Plan since the overall proposed density of 2.1 du/acre is within the RLM densil
range of 0-4 du's/acre specified for the site as indicated on the Land Use Elemel
of the General Plan and within the Calavera Hills Master Plany and is below tl
growth control point of 3.2 du/acre.
5 2. The project is consistent with all City public facility policies and ordinances sincc
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The Planning Commission has, by inclusion of an appropriate condition to thi
project, ensured building permits will not be issued for the project unless the Cit
Engineer determines that sewer service is available, and building cannot oca
within the project unless sewer service remains available, and the Plannin
Commission is satisfied that the requirements of the Public Facilities Element of th
General Plan have been met insofar as they apply to sewer service for this projec
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3. The project is proposing a density consistent with the RLM designation and complic
with the Planned Development and Hillside Development Ordinances. Therefore
the project is in compliance with the adopted mitigation measures of Fin2
Environmental Impact Report 90-05 and would not create any additional significan
adverse environmental impacts.
4. The applicant is by condition, required to pay any increase in public facility fee, o
new construction tax, or development fees, and has agreed to abide by an
additional requirements established by a Local Facilities Management Plan prepare(
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensur
continued availability of public facilities and will mitigate any cumulative impact
created by the project.
5. 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 7.
20 11 6. School fees will be paid, or a school agreement between the School District and th,
21 I' applicant will be finalized, to ensure the availability of school facilities in th
Carlsbad Unified School District.
22 7. To ensure the availability of school facilities in the Carlsbad Unified School Distric
23 will be mitigated in conformance with the City's Growrh Management Plan to th
the applicant will submit evidence to the City that the impacts to school facilitie
24 extent permitted by applicable state law for legislative acts.
25 8. All necessary public improvements have been provided or will be required a,
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conditions of approval.
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9. The applicant has agreed and is required by the inclusion of an appropriar
of the fee will enable this body to find that public facilities will be availab: 1
concurrent with need as required by the general plan. 2
condition to pay a public facilities fee. Performance of that contract and payme1
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10. The site is physically suitable for the type and density of the development since tf
site is adequate in size and shape to accommodate residential development at tk
density proposed.
11. The proposed project is compatible with surrounding future land uses since adjacel
surrounding properties are designated for either similar density residenti
development or open space on the General Plan.
12. The Tentative Tract Map satisfies all requirements of Title 20 and 21 of the Carlsb:
Municipal Code and the State Subdivision Map Act.
13. The Tentative Tract Map is consistent with Final EIR 90-05, and recommende
mitigation measures, as outlined in the Mitigation Monitoring and Reportin
Program attached to Planning Commission Resolution No. 3515 as Exhibit "A" date
June 16, 1993, designed to reduce significant environmental impacts have bee
included in the project's design and/or conditions of approval.
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1. Recommendation of approval is granted for CT 90-24, as shown on Exhibits "A"-"R l4
General Planning Conditions:
noted in these conditions. 16
Department. Development shall occur substantially as shown unless otherwis
dated January 19, 1994 incorporated by reference and on file in the Plannin
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2. This project shall comply with all conditions and mitigation measures which m;
be required as part of the Zone 7 Local Facilities Management Plan and ar
amendments made to that Plan prior to the issuance of building permits.
3. This project is approved upon the express condition that building permits will nr
be issued for development of the subject property unless the City Enginec
determines that sewer facilities are available at the time of application for SUC
sewer permits and will continue to be available until time of occupancy. This no1
shall be placed on the final map.
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4. This project is also approved under the express conditions 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 improveme1
plan and to fulfill the subdivider's agreement to pay the public facilities fee datc
July 13, 1990, a copy of which is on file with the City Clerk and is incorporated 1
this reference. If the fees are not paid, this application will not be consistent wil
the General Plan and approval for this project will be void.
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5. If any condition for construction of any public improvements or facilities, or th
payment of any fees in lieu thereof, imposed by this approval or imposed by law o
this project are challenged this approval shall be suspended as provided i
Government Code Section 65913.5. If any such condition is determined to b
invalid, this approval shall be invalid unless the City Council determines that th
project without the conditions complies with all requirements of law.
6. Approval of this request shall not excuse compliance with all sections of the Zonin
Ordinance and all other applicable City ordinances in effect at time of buildin
permit issuance.
7. Approval of CT 90-24 is granted subject to approval of PUD 90-24, and HDP 90-3:
8. The developer shall provide the City with a reproducible 24" x 36", mylar copy (
the Tentative Map as approved by the Planning Commission. The Tentative Ma
shall reflect the conditions of approval by the City. The map copy shall 1:
submitted to the City Engineer and approved prior to building, grading, final ma]
or improvement plan submittal, whichever occurs first.
9. A 500' scale map of the subdivision shall be submitted to the Planning Director pric
to the recordation of the final map. Said map shall show all lots and streets withi
and adjacent to the project.
i 10. As part of the plans submitted for building permit plan check, the applicant sha
include a reduced version of the approving resolution/resolutions on a 24" x 3(
blueline drawing.
11. The applicant shall provide the following note on the final map of the subdivisio
and final mylar of this development submitted to the City:
"Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Manageme1
Control Point for each General Plan land use designation. Development cannt
exceed the Growth Control Point except as provided by Chapter 21.90. The lar
use designation for this development is RLM. The Growth Control Point for th
designation is 3.2 dwelling units per nonconstrained acre.
All parcels that do not have a General Plan open space designation (Lots 1, 2,4, . 21
22 ~ 6, and 7 as shown on Exhibit "A") were used to calculate the intensity I
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development under the general plan and Chapter 21.90. Subsequent redevelop me^
general plan and Chapter 21.90 of the Carlsbad Municipal Code."
or resubdivision of any one of these parcels must also include all parcels under tl
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12. 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.
13. The applicant shall establish a homeowner's association and correspondi1
27 I covenants, conditions and restrictions. Said CC&R's shall be submitted to ar
28 I/ approved by the Planning Director prior to final map approval.
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The CC&R.’s shall include provisions specifying that there shall be Homeowner
Association maintenance responsibility for all natural open space lots and easement
slope maintenance easements, and offsite manufactured slopes shown on tl-
approved tentative tract map and landscape plan (CT 90-24), which is on file in tl-
Planning Department.
14. Prior to (or concurrent with) approval of the final map, the applicant sha
dedicate Lots 3 and 8 to the Homeowners’ Association as permanent open spacl
This stipulation shall be included in the CC&R’s
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15. The applicant shall provide school fees to mitigate conditions of overcrowding 2
part of building permit application. These fees shall be based on the fee schedul
in effect at the time of building permit application. All or a portion of said fees ma
8 be waived subject to the approval of the Carlsbad Unified School District.
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Prior to the approval of any final map or the issuance of any permits within th
Calavera Hills Master Plan, the applicant for the final map or permit shall subm
evidence to the City that impacts to school facilities have been mitigated i
conformance with the City‘s Growth Management Plan to the extent permitted b
applicable state law for legislative acts. If the mitigation involves a financin
scheme such as a Mello-Roos Community Facilities District which is inconsiste1
with the City‘s Growth Management Plan including City Council Policy Stateme1
No. 38, the developer shall submit disclosure documents for approval by the Cii
Manager and City Attorney which shall disclose to future owners in the project, t
the maximum extent possible, the existence of the tax and that the school distric
is the taxing agency responsible for the financing district. At a minimum, th
project CC&R’s shall require maximum disclosure and signed statements fa
disclosures upon transfer of residential property.
Prior to the issuance of any Certificates of Occupancy there shall be a Notice c
Restriction recorded against this property subject to the satisfaction of the Plannin
Director notifying all interested parties and successors in interest that the City c
Carlsbad has issued a Tentative Tract Map, Planned Development Permit, an
Hillside Development Permit by Resolutions No.’s 3612, 3613, and 3614 on the re:
property owned by the declarant. Said Notice of Restriction shall note the propert
description, location of the file containing complete project details and all conditior
of approval as well as any conditions or restrictions specified for inclusion in tE
Notice of Restriction. Said Notice of Restriction may be modified or terminated on1
with the approval of the Planning Director, Planning Commission or City Counc:
of the City of Carlsbad whichever has final decision authority for this project.
24 I 18. All roof appurtenances, including air conditioners, shall be architecturally integrate
and concealed from view and sound buffered from adjacent properties and street:
in substance as provided in Building Department Policy No. 80-6, to the satisfactio
of the Directors of Planning and Building.
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27 19. The developer shall display a current Zoning and Land Use Map in the sales offic
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20. The applicant shall submit a wall and fencing plan subject to Planning Directc
1 approval prior to issuance of building permits.
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21. The project shall comply with all the requirements of the Affordable Housing Pla 3
Affordable Housinn Conditions:
of the Calavera Hills Master Plan.
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Prior to final map approval, an Affordable Housing Agreement shall be required I
be submitted by the applicant to the City, approved by the Planning Director ar
Director of Housing and Redevelopment, and completed and recorded as a dee
restriction on those units of the project which are designated for the location c
low-income affordable units. The Affordable Housing Agreement shall be bindin
to all future owners and successors in interest for the term of the Agreement. Th
Affordable Housing Agreement, for which the inclusionary housing requirement wi
be satisfied through new construction of inclusionary units, either onsite, offsite, c
through a combined inclusionary housing project, shall establish, but not be limite
to, the following:
(a) The number of inclusionary dwelling units proposed;
(b) The unit size(s) (square footage) of the inclusionary units and the numbz
of bedrooms per inclusionary dwelling units;
(c) The proposed location of the inclusionary units;
(d) Tenure of affordability for inclusionary units (30 years minimum);
(e) Schedule for production of the dwelling units;
(f) Incentives and/or financial assistance provided by the City;
(9) Where applicable, terms and conditions establishing rules and procedures fa
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qualifying tenants, setting rental rates, filling vacandes, and operating an
maintaining units for affordable inclusionary dwelling units;
(h) Where applicable, term and conditions governing the initial sale of for-sal
inclusionary units; and
(i) Standards modifications granted by the City.
19 I 23. Prior to final map approval, a Site Development Permit that satisfies the affordabl
2o I housing requirements for this project shall be approved.
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Sim Conditions:
24. Building identification and/or addresses shall be placed on all new and existin,
buildings so as to be plainly visible from the street or access road; color c
identification and/or addresses shall contrast to their background color.
25. Any signs proposed for this development shall at a minimum be designed i:
conformance with the City's Sign Ordinance and shall require review and approw
of the Planning Director prior to installation of such signs.
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Landscape Conditions:
26. 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 permits, whichever occurs first.
27. All landscaping shall comply with the Landscape Requirements of the Calavera Hil
Master Plan.
28. Prior to approval of the landscape and irrigation plans, the plans shall include
provision for landscaping on all manufactured offsite slopes created by this projec
to the satisfaction of the Planning Director. At a minimum the landscaping sha
include erosion control and provide for visual screening of the slopes.
8 29. All landscaped areas shall be maintained in a healthy and thriving condition, fre
9 from weeds, trash and debris.
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30. 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. Thl
trees shall be of a variety selected from the approved Street Tree List.
31. All landscape plans shall be prepared to conform with the City's Landscape Manua
and submitted per the landscape plan check procedures on file in the Plannin;
Department.
34. Prior to final occupancy, a letter from a California licensed landscape architect shal
be submitted to the Planning Director certifying that all landscaping has beel
installed as shown on the approved landscape plans.
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32. All herbicides shall be applied by applicators licensed by the State of California.
33. The applicant shall pay a landscape plan check and inspection fee as required b;
19 Section 20.08.050 of the Carlsbad Municipal Code.
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34. All landscape and irrigation plans shall show existing and proposed contours an(
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36. 20% of the trees in the project shall be 24" box or greater. 24
determined by the Planning Director. 23
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shall match the grading plans in terms of scale and location of improvements.
35. The minimum shrub size shall be 5 gallons. One (1) gallon shrub sizes may be usec if it is deemed to be more beneficial for the long term survivability of the plants a
37. The development of this project shall not, at any time, preclude or hinder access tc
the SDG&E access road as shown on Exhibit "A" dated January 19, 1994.
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Environmental Mitiaation Conditions:
38. All building pad and street areas that are graded and remain vacant or undevelope
be seeded to reduce visual impacts. If grading is phased, the six month time periol
shall start at the completion of each individual grading phase.
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4 )I EnheerinR Conditions:
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6 authorized by virtue of approval of this tentative map.
39. Unless a standards variance has been issued, no variance from City Standards i
7 // 40. The applicant shall comply with all the rules, regulations and design requirement
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41. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bel 9
of the respective sewer and water agencies regarding services to the project.
Telephone, and Cable TV authorities. 10
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42. This project is approved specifically as 1 (single) unit for recordation.
43. Approval of this tentative tract map shall expire twenty-four (24) months from thf
date of Planning Commission approval unless a final map is recorded. An extensior
may be requested by the applicant. Said extension shall be approved or denied a
the discretion of the Planning Commission. In approving an extension, the Planninj
Commission may impose new conditions and may revise existing condition:
pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
16 44. The applicant shall defend, indemnify and hold harmless the City and its agents
officers, and employees from any claim, action or proceeding against the City or its
City, the Planning Commission or City Engineer which has been brought against the
City within the time period provided for by Section 66499.37 of the Subdivision
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Map Act. 19
agents, officers, or employees to attack, set aside, void or null an approval of the
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45. . The applicant shall pay the current local drainage area fee prior to approval of the
final map for this project or shall construct drainage systems in conformance wit1
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Master Drainage Plan and City of Carlsbad Standards as required by the City
City to pay any drainage area fees established as a result of the Master Drainage
46. Prior to approval of the final map, the owner shall enter into an agreement with the 23
Engineer.
24 Plan Update.
25 47. Based upon a review of the proposed grading and the grading quantities shown on
26 the tentative map, a grading permit for this project is required. Prior to final map
approval, the applicant must submit and receive approval for grading plans in
27 accordance with City Codes and standards.
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48. 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 applicar
is unable to obtain the grading or slope easement, no grading permit will be issuec
In that case the applicant must either amend the tentative map or change the slop
so grading will not occur outside the project site in a manner which substantial1
conforms to the approved tentative map as determined by the City Engineer an
Planning Director.
49. This project is proposed as part of a phased grading plan throughout the Maste
Plan area. Prior to the approval of the first final map, a phased grading plan shal
be approved by the City Engineer and the Planning Director. If in the execution o
the phased grading plan within this project it is necessary to obtain offsite gradin;
permits, the developer shall conform to Chapter 11.06 of the Carlsbad Municipa
Code.
9 50. Prior to hauling dirt or construction materials to or from any proposed constructio~
site within this project, the applicant shall submit to and receive approval from th,
hauling operation.
conditions and requirements the City Engineer may impose with regards to tht
10 City Engineer for the proposed haul route. The applicant shall comply with a!
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12 51. Additional drainage easements may be required. Drainage structures shall bl
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provided or installed prior to the issuance of grading or building permit as may bl
required by the City Engineer.
15 52. The owner shall make an offer of dedication to the City for all public streets anc
easements required by these conditions or shown on the tentative map. The offe
16 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 17 cost to the City. Streets that are already public are not required to be rededicated
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I 53. Some improvements shown on the tentative map and/or required by thesf
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 o
the Carlsbad Municipal Code. This conditional approval is null and void if title tc
said property is not obtained, unless the City Engineer and Planning Director makt
findings of substantial conformance without construction of said improvements.
23 54. The applicant shall comply with the City's requirements of the National Pollutan
management practices to reduce surface pollutants to an acceptable level prior tc 24 Discharge Elimination System (NPDES) permit. The applicant shall provide bes
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discharge to sensitive areas. Plans for such improvements shall be approved by thc
City Engineer prior to approval of the final map, issuance of grading or building
permit, whichever occurs first.
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55. 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 c
the tentative map and the following improvements:
A. Gorge Place within the project boundaries shall be constructed to full pub1
standards based on a 56 foot right-of-way.
B. Gorge Place, Knollwood Drive and Tamarack Avenue from the projec
boundaries to Harwich Drive shall be constructed to half street plus 12 fef
of paving including any necessary utilities required underneath the require
pavement and all offsite traffic, drainage and utility improvements necessa
to serve the subdivision as determined by the City Engineer. The Cil
Engineer may accept the guarantees from Village Q and T for these sectior
of roadways, traffic, drainage and utility improvements as meeting th
condition.
C. All required sewer mains and trunklines from the project boundary to a pob.
of disposal to the satisfaction of the District Engineer of the Cmlsba
Municipal Water District.
D. Interim improvements to Carlsbad Village Drive adjacent to Village H a
outlined in the Calavera Master Plan and as shown on the tentative map fc
Village H - CT 90-19.
E. Sedimentation and drainage channel improvements adjacent to the propose
Cannon Road in conformance with the requirements of the Zone 7 LFMP.
A note to this effect shall be placed on an additional map sheet on the final map per th
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed abov,
shall be constructed within 18 months of approval of the secured improvement agreemen
or such other time as provided in said agreement.
Fire Conditions:
56. Additional onsite public water and fire hydrants are required.
57. 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 offsite fire hydrants within 200 feet of the project.
58. An all-weather, unobstructed access road suitable for emergency service shall bl
provided and maintained during construction. When in the opinion of the Fir(
Chief, the access road has become unserviceable due to inclement weather or othe
reasons, he may, in the interest of public safety, require that construction operation
cease until the condition is corrected.
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59. All required water mains, fire hydrants and appurtenances shall be operation;
1 before combustible building materials are located on the construction site.
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60. Native vegetation which presents a fire hazard to structures shall be modified (
removed in accordance with the specifications contained in the City of Carlsb;
Landscape Manual. Applicant shall submit a Fire Suppression plan to the Fir
4 Department for approval, prior to approval of the final landscape plan.
5 61. The applicant shall provide a street map which conforms to the followin
and at least two existing intersections or streets. The map shall also clearly depic 6 requirements: A 400 scale photo-reduction mylar, depicting proposed improvemenl
7 street centerlines, hydrant locations and street names.
8 Water District Conditions:
9 62. The entire potable water system, reclaimed water system and sewer system shall b
evaluated in detail to ensure that adequate capacity, pressure and flow demands ar 10 met.
11 63. The developer shall be responsible for all fees, deposits and charges which will b
Authority capacity charge will be collected at issuance of application for mete 12 collected at time of issuance of the building permit. The San Diego County Watc
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64. Sequentially, the Developers Engineer shall do the following: l4
installation.
requirements. 16
15 A. Meet with the City Fire Marshal and establish the fire protectio~
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B. Prepare a colored reclaimed water use area map and submit to the Plannin,
Department for processing and approval.
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C. Schedule a meeting with the District Engineer for review, comment anl
approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan fG
potable, reclaimed and sewer systems prior to the preparation o
improvement plans.
65. This project is approved upon the expressed condition that building permits will no
be issued for development of the subject property unless the water district servin:
the development determines that adequate water service and sewer facilities art
available at the time of application for such water service and sewer permits wil
continue to be available until the time of occupancy. This note shall be placed 01
the final map.
66. The developer shall meet all conditions of the Zone 7 Local Facilities Managemen
Plan.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
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the following vote, to wit: 3
Commission of the City of Carlsbad, California, held on the 19th day of January, 1994, E
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AYES: Chairperson Savary, Commissioners: Schlehuber, Betz Noblc
Welshons & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None.
&a2 CARLSBAD PLANNING COMMISSION
l3 11 ATTEST: 14
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PLANNING DIRECTOR 17 MICHAEL J. HOLZMILLM
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PC RES0 NO. 3612 -12-