HomeMy WebLinkAbout1994-02-02; Planning Commission; Resolution 3603.a
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PLANNING COMMISSION RESOLUTION NO. 3603
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN 11 LOT
SUBDMSION ON PROPERTY GENERALLY LOCATED SOUTH
OF LA COSTA AVENUE, EAST AND NORTH OF THE CITY OF
ENCINITAS AND WEST OF EL CAMINO REAL IN LOCAL,
FACILITIES MANAGEMENT ZONE 23.
CASE NAME: GREEN VALLEY MASTER PLAN
CASE NO: CT 92-08
WHEREAS, a verified application for certain property to wit:
A portion of Section 2, Township 13 South, Range 4 West; and
a portion of Section 35, Township 12 South, Range 4 West,
San Bernardino Meridian, City of Carlsbad, County of San
Diego, State of Carlsbad.
XI. il has been filed with the City of Carlsbad and referred to the Planning Commission; and
12 WHEREAS, said verified application constitutes a request as provided by Titlt
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21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of January, 199L
l5 11 and on the 2nd day of February, 1994, hold a duly noticed public hearing as prescribed b;
16 /I law to consider said request; and 17
18 WHEREAS, at said public hearing, upon hearing and considering all testimon!
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factors relating to the Tentative Tract Map. 20
1 and arguments, if any, of all persons desiring to be heard, said Commission considered al
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissiol
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as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissio:
APPROVES CT 92-08, based on the following findings and subject to the followin
conditions:
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1. The Planning Commission has, by inclusion of an appropriate condition to tli 28
Findins:
project, ensured building permits will not be issued for the project unless the Cit
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Engineer determines that sewer service is available, and building cannot occur
Commission is satisfied that the requirements of the Public Facilities Element of the 1
General Plan have been met insofar as they apply to sewer service for this project. 2
within the project unless sewer service remains available, and the Planning
3 2. The applicant is required to provide proof of mitigation to school impacts.
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3. Park-in-lieu fees are required as a condition of approval.
4. All necessary public improvements have been provided or will be required as
conditions of approval.
5. 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 paymen1
of the fee will enable this body to find that public facilities will be availablc
concurrent with need as required by the General Plan.
lo 6.
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Leucadia County Water District has issued a letter dated November 10,1992, statiq
that sewer service can reasonably be expected to be available concurrent with tht
need.
The applicant is by condition, required to pay any increase in public facility fee, 01
new construction tax, or development fees, and has agreed to abide by an]
additional requirements established by a Local Facilities Management Plan preparec
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensurt
continued availability of public facilities and will mitigate any cumulative impact:
created by the project.
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
l8 I1 Facilities Management Pl& for Zone 23.
19 1 9. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillsidc
Ordinance) and meets all the requirements of that Chapter to ensure the sensitivc
20 treatment of the Citfs hillside resources.
21 10. The proposed subdivision implements Master Plan Mp 92-01; the subdivision doe
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23 Conditions:
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1. Approval is granted for CT 92-08, as shown on Exhibit(s) "A" - "N", dated Januq
19, 1994, incorporated by reference and on file in the Planning Departmenl
Development shall occur substantially as shown unless otherwise noted in thes
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not entitle the property with rights to building permits.
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PC RES0 NO. 3603 -2-
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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 and approved prior to building, grading, final map,
or improvement plan submittal, whichever occurs first.
This project is approved upon the express condition that building permits will noi
be issued for development of the subject property unless assurances of the
availability of sewer facilities have been given by the Leucadia County Water Districi
in writing.
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 bJ
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othe~
ordinance adopted to implement a growth management system or facilities anc
improvement plan and to fulfill the subdivideJs agreement to pay the public
facilities fee dated November 6, 1992, a copy of which is on file with the City Clerl
and is incorporated by this reference. If the fees are not paid this application wil
not be consistent with the General Plan and approval for this project will be void
The applicant shall pay park-in-lieu fees to the City, prior to the approval of thf
final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The Green Valley Master Plan is in the 0livenhai.n Municipal Water District. Tht
applicant shall secure agreements with that District for the provision of water.
This project shall comply with all conditions and mitigation required by the Zonc
23 Local Facilities Management Plan approved by the City Council, incorporate(
herein and on file in the Planning Department and any future amendments to thc
Plan made prior to the issuance of building permits.
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19 1 8. The following note shall be placed on the Final Map. "Prior to issuance of i
building permit for any buildable lot within the subdivision, the property owne
Resolution No. 91 -39".
20 shall pay a one-time special development tax in accordance with the City Councj
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22 9. Prior to the final map for CT 92-08, the applicant or successor(s) in interest shal
enter into an Affordable Housing Agreement with the City to provide and deec
23 restrict fifteen percent of the future dwelling units in Planning Area No. 3 a
affordable to lower-income households for the useful life of the dwelling units. 24
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10. 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 0:
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 condition complies with all requirements of law.
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11. Approval of this request shall not excuse compliance with all sections of the Zoning
1 Ordinance and all other applicable City ordinances in effect at time of building
permit issuance. 2
3 12. Approval of CT 92-08 is granted subject to the City Council approval of MP 92-01.
4 13. Prior to issuance of a grading or building permit, whichever comes first, a soils
report shall be prepared and submitted to the City of Carlsbad. If the soils reporl
5 indicates the presence of potential fossil bearing material then a standard twc
phased program, on file in the Planning Department, shall be undertaken to avoid 6 possible significant impacts on paleontological resources under the direction of thc
7 Planning Department.
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14. As part of the plans submitted for building permit plan check, the applicant shal
include a reduced version of the approving resolution/resolutions on a 24" x 36'
blueline drawing. Said blueline drawing(s) shall also include a copy of anJ
applicable Coastal Development Permit and signed approved site plan.
15. This approval shall be null and void if the property subject to this approval is no
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval
Additionally, annexation must occur prior to the issuance of any grading, buildin2
or other permit. (Deadline could be extended for good cause as determined by tht
City Manager.)
16. Prior to the approval of any final map or the issuance of any permits within tht
Green Valley Master Plan, the applicant for the final map or pennit shall submi
evidence to the City that impacts to school facilities have been mitigated ir
conformance with the City's Growth Management Plan to the extent permitted b;
applicable state law. If the mitigation involves a financing scheme such as a Mello
Roos Facilities District which is inconsistent with the Citfs Growth Managemen
Plan including Council Policy Statement No. 38, the developer shall submi
disclosure documents for approval by the City Manager and City Attorney whid
shall disclose to future owners in the project, to the maximum extent possiile, th(
existence of the tax and that the school district is the taxing agency responsible fo
the financing district.
21 17. A Coastal Development Permit shall be obtained from the California Coasta
22 Commission prior to final map.
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En&eering Conditions:
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18. This project is located within the East Batiquitos Lagmn/Hunt Local Coast2
Program plan. All development design shall comply with the requirements of tha
plan.
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19. Unless a standards variance has been issued, no variance from City Standards j
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20. The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
21. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
22. 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 a1
the discretion of the Planning Commission. In approving an extension, the Planning
Commission may impose new conditions and may revise existing conditiom
pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
23. 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:
agents, officers, or employees to attack, set aside, void or null an approval of thc
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 Subdivisior
Map Act.
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24. The applicant shall pay the current local drainage area fee prior to approval of thf
final map for this project or shall construct drainage systems in conformance wid
Master Drainage Plan and City of Carlsbad Standards as required by the CitJ
Engineer.
a. Prior to final map approval the applicant shall pay all current fees anc
deposits required.
25. Prior to approval of the final map, the owner shall enter into an agreement with tht
City to pay any drainage area fees established as a result of the Master Drainagc
Plan Update.
19 1 26. The owner of the subject property shall execute an agreement holding the Cit
harmless regarding drainage across the adjacent property prior to approval of thl
20 final map for this project.
21 Grading
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23 geologic failure.
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28. Based upon a review of the proposed grading and the grading quantities shown 0:
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
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27. Prior to final map approval the owner shall execute a hold harmless agreement fo
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29. Upon completion of grading, the applicant shall ensure that an "as-graded" geologic
plan is submitted to the City Engineer. The plan shall clearly show all the geology
as exposed by the grading operation, all geologic corrective measures as actually
constructed and must be based on a contour map which represents both the pre and
post site grading. This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar
drafting film and shall become a permanent record.
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32.
Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
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. Referencc
Chapter 11.06.
The applicant shall construct desiltatiorddetentiodurban pollutant basin(s) of :
type and a size and at location(s) as approved by the City Engineer. The applicm
shall enter into a basin maintenance agreement and submit a maintenance bonc
satisfactory to the City Engineer prior to the approval of grading, building permi
or final map whichever occurs first for this project. Each basin shall be serviced b!
an all-weather access/maintenance road. The two permanent detention bash
located at the north end of the project shall be private and maintained in perpetuic
by the property owner or property owners association. Prior to final map approval
appropriate wording regarding detention basin maintenance, as approved by thd
City Engineer, shall be included in the covenants, conditions and restrictio~
(CC&R's) for the project.
l8 33. The applicant shall place the following note(s) on a non-mapping data sheet of thc
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Z0 /I Geotechnical Caution:
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A. Slopes steeper than two parts horizontal to one part vertical exist within thl
boundaries of this subdivision.
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B. The owner of this property on behalf of itself and all of its successors i
interest has agreed to hold harmless and indemnify the City of Carlsbad fror
any action that may arise through any geological failure, ground wate
seepage or land subsidence and subsequent damage that may occur on, a
adjacent to, this subdivision due to its construction, operation c
maintenance.
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Dedications/Improvements
34. The owner 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
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
cost to the City. Streets that are already public are not required to be rededicated.
~ 5 35. El Camino Real and La Costa Avenue shall be dedicated by the owner along the
respectively and in conformance with City of Carlsbad Standards prior to approval 6 project frontage based on a center line to right-of-way width of 63 and 58 feet,
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37.
Direct access rights for all lots abutting La Costa Avenue and El Camino Real shall
be waived on the final map.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made withour
acquisition of title or interest. The applicant shall conform to Section 20.16.095 oj
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 make
findings of substantial conformance without construction of said improvements.
The applicant shall comply with the City's requirements of the National Pollutanl
Discharge Elimination System (NPDES) permit. The applicant shall provide besl
management practices to reduce surface pollutants to an acceptable level prior tc
discharge to sensitive areas. Plans for such improvements shall be approved by tht
City Engineer prior to approval of the final map, issuance of grading or buildinr
permit, whichever occurs first.
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39. Plans, specifications, and supporting documents for all public improvements shal
be prepared to the satisfaction of the City Engineer. Prior to approval of the fina
map in accordance with City Standards, the applicant shall install, or agree to instal
and secure with appropriate security as provided by law, improvements shown 01
the tentative map and the following improvements:
k El Camino Real shall be widened and improved to a half street width of 6:
feet hm La Costa Avenue to the projects southerly property line. AI
adequate transition, as detennined in engineering design, to the existing twc
lane configuration for southbound traffic on El Camino Real shall b
provided. The roadway improvements shall include the following:
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Handicap ramps. 27
18 foot landscaped raised median.
I. Concrete curb, gutter and sidewalk.
I. Street light standards.
I. Storm drain inlets.
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No. 3 southbound vehicular travel lane.
0 Bicycle lane.
To facilitate southbound right turn movements at the El Camino Real/ Calle
Barcelona intersection the No. 3 southbound vehicular travel lane and bicycle
lane shall be widened by 1 foot, to create a combined 20 foot wide lane, by
relocating the curbline westerly thereby decreasing the parkway area by 1
foot. The length of this 1 foot transition shall be determined in engineering
design.
B. Before the developer constructs any portion of the proposed Green Valley
commercial or residential development, widening and improvement to La
Costa Avenue from El Camino Real to Interstate 5 must be underway. If the
City project to widen and improve La Costa Avenue has not begun prior tc
issuance of building pennits for the aforementioned commercial and/01
residential development, then the developer of Green Valley shall completc
the design of the &sting City improvement plans for La Costa Avenue and
improve La Costa Avenue along the Green Valley project frontage, ir
accordance with this plan.
C. The westerly leg of the El Camino RealAevante Street intersection shall b
constructed to the following configuration:
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. Two eastbound left turn lanes.
e One eastbound combined right tum/through lane.
0 One westbound through lane.
e Two bicycle lanes.
Supporting traffic signal modifications.
m One northbound left turn lane shall also be constructed.
The westerly leg of the El Camino ReQcalle Barcel~~ intersection shall bc
constructed to the following configuration:
e Two eastbound left turn lanes.
One eastbound through lane.
m One eastbound right turn lane.
Two westbound through lanes.
e Two bicycle lanes.
Supporting traffic signal modifications.
m Two northbound left turn lanes shall also be constructed.
E. Two bridge structures shall be constructed over the riparian area (Encinita
Creek) at Calle Barcelona and Levante Street to access the site. The bridg
structure underpass width for the creek flowline shall be determined i
accordance with the following criteria:
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0 To facilitate a standard one foot freeboard from the soffit of the
bridge structure to accommodate a 100-year 6-hour storm event; and,
. To adequately accommodate wildlife movement through the bridge
structure underpass, to the satisfaction of applicable environmental
agencies.
The maximum width of the bridge structure flowline underpass shall be
determined by whichever of the above criteria creates for a wider opening.
F. Street "A" shall be a public street and constructed in accordance with city
Standards.
G. A public trail and parkinghtaging area shall be constructed and an offer oi
dedication made to the city for a public easement over the trail, in
accordance with and as shown on the tentative map.
H. The following public storm drain improvements shall be constructed:
0 Extend the existing double 6' x 5' box culvert at the Calle barcelom
0 Extend the existing 24" RCP on El Camino Real north of Calk
extension at El Camino Real.
Barcelona to discharge to F.ncinitas Creek.
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0 Remove and replace existing 60" CMP with a 60" RCP on El Caminc
0 Remove and replace existing 24" CMP with a 24" RCP extending tht
Real north of kvante Street.
24" RCP to discharge to Encinitas Creek.
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 listec
above shall be constructed within 18 months of approval of the secure(
improvement agreement or such other time as provided in said agreement.
40. The developer shall install street lights along all public and private street frontage
in conformance with City of Carlsbad Standards.
41. The applicant shall install sidewalks along all public streets abutting the project i
conformance with City of Carlsbad Standards prior to occupancy of any building
42. The applicant shall install wheelchair ramps at the public street corners abutting th
subdivision in conformance with City of Carlsbad Standards prior to occupancy c
any buildings.
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special Conditions:
43. Prior to any construction that includes clearingy grading or excavation that results
in soil disturbance of five acres or more, the property owner shall file a Notice of
Intent (NOI) with the California State Water Quality Control Board (CSWQCB) and
pay the appropriate fee for a storm water permit.
44. Prior to approval of the final map, reimbursement and/or construction agreements
shall be executed with the developer of Local Facilities Management Plan (LFMP)
Zone 12 for the following improvements;
0 Fd intersection improvements for the El Camino Real/Calle Barcelona
0 Reimbursement Agreement for the construction of one-half of the raised
intersection.
median improvements on El Camino Real along the project frontage from the
southerly property line to Levante Street.
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Prior to approval of the final map, Reimbursement Agreements shall be executed
with the developer of LFMP Zone 11 and the developer of LFMP Zone 12 for
drainage studies which were conducted for the Encinitas Creek Drainage Bask
which the developer of LFMP Zone 23 benefitted from.
Prior to issuance of building permits one of the following drainage mitigatior
measures shall be implemented:
a Detention Basin Cy which will be located in LFMP Zone 12, shall bt
constructed to reduce the 100 year flood water surface elevations (WSE) ir
Endnitas Creek. This is required to achieve a standard one foot freeboari
from the bottom of the bridge structures crossing Encinitas Creek at Call(
Barcelona and Levante Street and along the El Camino Real right of way. I:
detention Basin C is constructed by the developer of LFMP Zone 23 :
Reimbursement Agreement shall be executed between the developers o
LFMP Zone 12 and LFMP Zone 23 since the developer of LFMP Zone 12 wil
benefit from the construction of this detention basin
0 If Detention Basin C is not constructed then the developer of LFMP Zone 2:
shall provide detailed hydraulic analysis indicating the mitigation measure
required to achieve the above mentioned standard one foot freeboard. Tb
developer of LFMP Zone 23 shall then construct any mitigati01
improvements which may be required.
Prior to approval of the final map the developer of LFMP Zone 23 shall prepare
deficiency plan in accordance with San Diego County Congestion Management Ph
(CMP) criteria for the Interstate 5 corridor from Encinitas Boulevard to Leucadi
Boulevard in cooperation with San Diego Association of Governments (SANDAG
and the California Department of Transportation (Caltrans).
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48. Building occupancy shall not be granted for any part of the Green Valley project
both commercial and residential, until such time as the following improvements XI
completed
Widening of La Costa Avenue to four lanes with a raised median hm E
Camino Real to Interstate 5.
Full interchange impmvements at the Interstate 5/La Costa Avenu
interchange.
49. In accordance with Section 11.06.140 of the Carlsbad Municipal Code and the lh
Batiquitos LagoodHunt Properties Local Coastal Program (LCP) all gradin
activities shall be prohibited within the period from October 1 through April 14 c
the following year.
50. Slopes and areas remaining undisturbed shall be placed in a permanent Open Spac
easement granted to the City. The offer of dedication shall be made by a certificat
on the final map for this project.
51. Due to the projected high increase in traffic on El Camino Real associated wit
implementation of the future Encinitas Ranch Specific Plan, future degradation c
levels of service (LOS) to unacceptable operation exists for various intdor
along El Camino Real, within the City of Carlsbad. To help mitigate thes
inadequate levels of service, consideration of a southerly connection of Street "1
within Green Valley to the City of Encinitas may be required. Therefore, prior t
final map approval, if the City Engineer and Planning Director deem the souther1
connection of Street "A" within Green Valley to the City of Encinitas necq
subsequent to additional environmental review, changes to the Street "A" alignma
and cross-section shall be made. Any changes to Street "A'S'' alignment and clos
section to facilitate this southerly connection shall not be cause for violation c
tentative map substantial conformance. In this way, if necessary, the tentative ma
can be revised administratively in accordance with the City Engineer and Plannin
Directois approval.
52. Due to the specific customized design requirements of large retail structures, mull
family units, and associated parking related to sheet graded pads, grading variatio1
may be allowed subject to the approval of the City Engineer and Plannjng Directc
and shall not be cause for violation of tentative map substantial conformant
provided that the overall earthwork quantities remain in conformance with tl
Hillside Development Regulations. In this way, the tentative map can be revisc
administratively in accordance with the City Engineer and Planning Direct01
approval.
53. Prior to approval of the final map, mitigation measures shall be identified to reduc
the increased water surface elevations of Encinitas Creek to a level of insignifican
at the Kroblen parcel which is located directly south of Levante Street and adjace
to El Camino Real.
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Fire Conditions:
54. Prior to the issuance of building permits, complete building plans shall be submitted
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2 to and approved by the Fire Department.
3 55. Applicant shall submit a site plan to the Fire Department for approval, which depicts
4 location of required, proposed and existing hydrants.
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56. Applicant shall submit a site plan to the Fire Department for approval of access,
7 57. An all-weather access road shall serve the project during construction.
8 58. Brush clearance shall be maintained according to the specifications contained in the
City of Carlsbad Landscape Manual. Applicant shall provide brush clearance plan
driveways and general traffic circulation.
9 to the Fire Department for approval.
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11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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the following vote, to wit: l3
Commission of the City of Carlsbad, California, held on the 2nd day of February, 1994, bq
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AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Nobk
& Hall.
l6 (1 NOES: Commissioners Erwin & Welshons.
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ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
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