HomeMy WebLinkAbout1994-12-21; Planning Commission; Resolution 37351
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PLANNING COMMISSION RESOLUTION NO. 3735
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A MINOR MASTER
TRACT MAP ON PROPERTY GENERALLY LOCATED
WITHIN THE AVIARA MASTER PLAN AT THE
SOUTHERN END OF BLACK RAIL COURT.
CASE NAME ALDEA I1
CASE NO: MP 177(M)/CT 94-03
WHEREAS, a verified application for certain property to wit:
Parcel 6 of Parcel Map No. 16451, filed in the Office of the
County Recorder of San Diego County on April 15,1991, in the
City of Carlsbad, State of California
PLAN AMENDMENT AND A 9-LOT/54-UNIT TENTATIVE
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for approval of 2
Minor Master Plan Amendment pursuant to Section 21.38.120 and a Tentative Subdivisior
Map pursuant to Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of December
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 testimoq
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
factors relating to the Minor Master Plan Amendment and Tentative Tract Map.
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 Cornmission
recommends APPROVAL of Minor Master Plan Amendment MP 177(M), and
Tentative Tract Map, CT 93-04, based on the following findings and subject to the
following conditions: ....
....
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Findings:
1. This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on October 1, 1994, and
RECOMMENDED FOR APPROVAL by the Planning Commission on December 21:
1994. In approving this Negative Declaration the Planning Commission ha
considered the initial study, the staff analysis, all required mitigation measures anc
any written comments received regarding the significant effects this project could
have on the environment.
2. The project is consistent with all City public facility policies and ordinances since 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 District
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.
3. The Carlsbad Unified School District has written a letter, dated August 14, 1990,
stating that school facilities will be available to this project.
4. All necessary public improvements have been provided or will be required as
conditions of approval.
5. The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued
availability of public facilities and will mitigate any cumulative impacts created by the
project.
6. This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 19.
7. The project is consistent with the City’s landscape policies as it has been conditioned
to comply with the requirements of the Landscape Manual.
8. The proposed Master Plan Amendment has been found to be minor in nature
because it will not change the densities or boundaries of the subject property or
involve a new use or group of uses not shown on the original Master Plan or
rearrange uses within the Master Plan.
9. That the proposed development, including the proposed building height, as described
by Master Plan 177 is consistent with the provisions of the general plan and any
applicable specific plans.
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10. That all necessary public facilities can be provided concurrent with need ani
adequate provisions have been provided to implement those portions of the capita
improvement program applicable to the subject property.
11. That the residential and open space portions of the community will constitute a~
environment of sustained desirability and stability, and that it will be in harmony wit1
or provide compatible variety to the character of the surrounding area, and that thc
sites proposed for public facilities, such as schools, playgrounds and parks, are
adequate to serve the anticipated population and appear acceptable to 'the public
authorities having jurisdiction thereof.
12. That the streets and thoroughfares proposed are suitable and adequate to carry tht
anticipated traffic thereon.
13. That the area surrounding the development is or can be planned and zoned i~
coordination and substantial compatibility with the development.
14. That the proposed open space area is equal to or greater than the area depicted or
the Official Open Space and Conservation Map.
15. That the proposed open space area is of environmental quality equal to or greater
than that depicted on the Official Open Space and Conservation Map.
16. That the proposed open space, as depicted on the Official Open Space and
Conservation Map, is contiguous or within close proximity to open space as shown
on the Official Open Space Map.
17. The project is consistent with the City's General Plan since the proposed 54 units is
less than the allowed 192 units specified for the site by the Aviara Master Plan.
18. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential and golf course development
on the General Plan.
19. The site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed.
20. That the design and improvement of the tentative map as conditioned, satisfies all
requirements of any applicable specific plans, Title 20, and Title 21 of the Carlsbad
Municipal Code, and the State Subdivision Map Act, and will. not cause serious
public health problems.
21. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgement, acquired by the
public at large, for access through or use of property within the prgoposed subdivision.
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22. That subject to the exceptions contained in Section 66474.4 of the State Government
Code, the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act) and the parcels resulting from the
subdivision would be too small to sustain agricultural use according to the provisions
of Section 66474.4 of the State Government Code.
23. That the design of the subdivision provides, to the extent feasible, for future passive
or natural heating or cooling opportunities in the subdivision.
Conditions:
Planning Conditions:
1. Approval is granted for CT 94-03, as shown on Exhibit(s) “A” - “J”, dated December
21, 1994, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions, and approved by the Planning Director or City Engineer.
2. The developer shall provide the City with reproducible 24” x 36” mylar copies of the
Tentative Map and Site Plan as approved by the Planning Commission. The
Tentative Map and Site Plan shall reflect the conditions of approval by the City. The
Map and Plan copies 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 mylar of the subdivision shall be submitted to the Planning Director
prior to the recordation of the final map. Said map shall show all lots and streets
within and adjacent to the project.
4. This project is approved upon the express condition that building permits will not be
issued for development of the subject property unless the District Engineer
determines that sewer facilities are available at the time of application for such sewer
permits and will continue to be available until time of occupancy. This note shall be
placed on the final map.
5. 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 of facilities and
improvement plan and to fulfill the subdivider’s agreement to pay the public facilities
fee dated April 20, 1994, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid this application will not be
consistent with the General Plan and approval for this project will be void.
6. Water shall be provided by the Carlsbad Municipal Water District.
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7. This project shall comply with all conditions and mitigation required by the Zone 1’
Local Facilities Management Plan approved by the City Council on December 22
1987, incorporated herein and on file in the Planning Department and any futw
amendments to the Plan made prior to the issuance of building permits.
8. 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 66020. If any such condition is determined to be invali
this approval shall be invalid unless the City Council determines that the projec
without the condition complies with all requirements of law.
9. 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.
10. Approval of CT 94-03 is granted subject to the approval of PUD 94-02.
11. The applicant shall establish a homeowner’s association and corresponding covenanb
conditions and restrictions. Said CC&Rs shall be submitted to and approved by thl
Planning Director prior to final map approval.
12. All visitor parking spaces shall be striped a different color than the assigned residen
parking spaces and shall be clearly marked as may be approved by the Plannin;
Director.
13. The applicant shall submit a street name list consistent with the City’s street nami
policy subject to the Planning Director’s approval prior to final map approval.
14. An exterior lighting plan including parking areas shall be submitted for Planniq
Director approval. All lighting shall be designed to reflect downward and avoid an,
impacts on adjacent homes or property.
15. No outdoor storage of material shall occur onsite unless required by the Fire Chief
In such instance a storage plan will be submitted for approval by the Fire Chief an(
the Planning Director.
16. Automatic garage door openers and roll-up type garage doors shall be required 01
garages for all units.
17. The applicant shall prepare a detailed landscape and irrigation plan which shall bc
submitted to and approved by the Planning Director prior to the approval of gradin;
or building plans, whichever occurs first.
18. All landscaped areas shall be maintained in a healthy and thriving condition, frec
from weeds, trash, and debris.
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19. All landscape and irrigation plans shall be prepared to conform with the Landscap
Manual and submitted per the landscape plan check procedures on file in th,
Planning Department.
20. The applicant shall pay a landscape plan check and inspection fee as required b
Section 20.08.050 of the Carlsbad Municipal Code.
21. The first set of landscape and irrigation plans submitted shall include building plans
improvement plans and grading plans.
22. 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 approva
of the Planning Director prior to installation of such signs.
23. 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 o
identification and/or addresses shall contrast to their background color.
24. 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.
25. 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, and streets.
26. As part of the plans submitted for any permit plan check, the applicant shall includt
a reduced, legible version of the approving resolution/resolutions on a 24” x 36’
blueline drawing. Said blueline drawing(s) shall also include a copy of any applicablt
Coastal Development Permit and signed approved site plan.
27. Prior to approval of the Final Map, the applicant shall receive approval of a Coastal
Development Permit issued by the California Coastal Commission that substantiallq
conforms to this approval. If the approval is substantially different, an amendmen
to CT 94-03PUD 94-02 shall be required.
28. Prior to the recordation of the first final tract map or the issuance of buildin!
permits, whichever occurs first, the owner of record of the property within the
boundaries of this tentative tract map shall prepare and record a notice that thi
property is subject to overflight, sight, and sound of aircraft operating from Paloma]
Airport in a manner meeting the approval of the Planning Director and the Cig
Attorney.
29. The applicant shall evaluate the possibility of expanding the proposed swimming
pool size to 75 feet (along one edge) and shall expand the pool accordingly if he (the
applicant) determines such expansion is feasible.
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Engineerinp Conditions:
30. This project is located within the Aviara Master Plan, Carlsbad Tract 85-35, ant
Zone 19 Local Facilities Management Plan. All development design shall compl:
with the requirements and conditions of these documents, and any amendment:
thereto.
31. This project is located within the Mello I Local Coastal Plan. All developmen
design shall comply with the erosion control, grading, and drainage requirements o
that plan.
32. Unless a standards variance has been issued, no variance from City Standards i
authorized by virtue of approval of this tentative map.
33. The applicant shall comply with all the rules, regulations and design requirements o
the respective sewer and water agencies regarding services to the project.
34. The applicant shall be responsible for coordination with SDG&E, Pacific Bel
Telephone, and Cable TV authorities.
35. If the applicant chooses to construct out of phase, the new phasing must be reviewec
and approved by the City Engineer and Planning Director, and all improvement
required by previous contiguous phases shall be constructed.
36. The applicant shall provide an acceptable means for maintaining the privatc
easements within the subdivision and all the private: streets, sidewalks, street lighh
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 includec
with the CC&Rs subject to the approval of the City Engineer prior to approval of thr
final map.
37. All concrete terrace drains shall be maintained by the homeowner’s association (i
on commonly owned property) or the individual property owner (if on an individual1
owned lot). An appropriately worded statement clearly identifying the responsibilit
shall be placed in the CC&Rs.
38. The following statements shall be included in the CC&Rs:
I No structure, fence, wall, tree, shrub, sign, or other object over 30 inche
above the street level may be placed or permitted to encroach within the are
identified as a sight distance corridor on the final map. The underlyin,
property owner shall maintain this condition.
- An ongoing program to remove dirt, litter, and other debris from the surfac
of private streets and common recreational areas by means of street sweepin
and other means shall be established and enforced.
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I The homeowner’s association shall coordinate the use of the City’s establishec
program to assist residents with the removal and proper disposal of toxic ant
hazardous waste products.
- Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil
antifreeze, solvents, paints, paint thinners, wood preservatives, and other sucl
fluids shall not be discharged into any street, public or private, or into storm
drain or storm water conveyance systems. Use an disposal of pesticides
fungicides, herbicides, insecticides, fertilizers, and other such chemica
treatments shall meet federal, state, county, and city requirements a.
prescribed in their respective containers.
- Best Management Practices shall be used to eliminate or reduce surfacc
pollutants when planning any changes to the landscaping and surfacc
improvements.
39. Approval of this tentative tract map shall expire twenty-four (24) months from tht
date of City Council approval unless a final map is recorded. An extension may br
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 Sectior
20.12.110(a)(2) Carlsbad Municipal Code.
40. 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 ia
agents, officers, or employees to attack, set aside, void or null an approval of the
City, the Planning Commission or City Engineer which has been brought against the
City within the time period provided for by Section 66499.37 of the Subdivision Map
Act.
41. Prior to issuance of a building permit for any buildable lot within the subdivision, the
property owner shall pay a one-time special development tax in accordance with CiQ
Council Resolution No. 91-39.
42. Prior to approval of the final map, the applicant shall pay the current local drainagt
area fee or shall construct drainage systems in conformance with Master Drainagt
Plan and City of Carlsbad Standards as required by the City Engineer.
43. Prior to approval of the final map, the applicant shall pay all current fees and
deposits required.
44. Prior to approval of the final map, the owner of the subject property shall execute
an agreement holding the City harmless regarding drainage across the adjacenl
property.
45. The subject property is within the boundaries of Assessment District No. 88-1 (Alga
Road). Upon the subdivision of land within the district boundaries, the owner maq
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pass through assessments to subsequent owners o& if the owner has executed
Special Assessment District Pass-through Authorization Agreement. Said Agreeme]
contains provision regarding notice to potential buyers of the amount of th
assessment and other provisions and requires the owner to have each buyer receic
and execute a Notice of Assessment and an Option Agreement. In the event that th
owner does not execute the Authorization Agreement, the assessment on the subjec
property must be paid off in full bv the owner prior to final map approval.
46. As required by state law, prior to the recordation of a final map over any of th
subject property, the subdivider shall submit to the City an application fc
segregation of assessments along with the appropriate fee. A segregation is nc
required if the applicant pays off the assessment on the subject property prior to th
recordation of the final map. In the event a segregation of assessments is nc
recorded and property is subdivided, the full amount of assessment will appear c
the tax bills of each new lot.
47. Prior to the issuance of a grading permit or building permit, whichever occurs firs
the developer shall submit proof that a Notice of Intention has been submitted to tl
State Water Resources Control Board.
48. Based upon a review of the proposed grading and the grading quantities shown c
the Tentative Map, a grading permit for this project is required. Prior to approv;
of the Final Map, the applicant must submit and receive approval for grading plal
in accordance with City Codes and Standards.
49. No grading shall occur outside the limits of the subdivision unless a grading or slo~
easement is obtained from the owners of the affected properties. If the applicant
unable to obtain the grading or slope easement, no grading permit will be issue1
In that case the applicant must either amend the Tentative Map or modi@ the pla~
so grading will not occur outside the project site in a manner which substantial
conforms to the approved Tentative Map as determined by the City Engineer ar
Planning Director.
50. Prior to hauling dirt or construction materials to or from any proposed constructic
site within this project, the applicant shall submit to and receive approval from tl
City Engineer for the proposed haul route. The applicant shall comply with a
conditions and requirements the City Engineer may impose with regards to tl
hauling operation.
5 1. The developer shall exercise special care during the construction phase of this proje
to prevent offsite siltation. Planting and erosion control shall be provided :
accordance with the Carlsbad Municipal Code and the City Engineer. Referenc
Chapter 11.06.
52. Rain gutters must be provided to convey roof drainage to an approved drainal
course or street to the satisfaction of the City Engineer.
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53. Additional drainage easements may be required. Drainage structures shall bc
provided or installed prior to or concurrent with any grading or building permit a
may be required by the City Engineer.
54. The owner shall make an offer of dedication to the City for all public streets ani
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
55. Plans, specifications, and supporting documents for all public improvements shall bl
prepared to the satisfaction of the City Engineer. Prior to approval of the Final Mal
in accordance with City Standards, the applicant shall install, or agree to install an1
secure with appropriate security as provided by law, improvements shown on th,
Tentative Map and the following improvements:
a. Alga Road, between Mimosa Street and El Camino Real, to major arteria
standards and to the satisfaction of the City Engineer. This obligation ma:
be shared with other projects having a similar condition and to thl
satisfaction of the City Engineer.
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 secured improvemen
agreement or such other time as provided in said agreement.
56. Prior to approval of the Final Map for this project, the design of all private street
and drainage systems shall be approved by the City Engineer. The structural sectiol
of all private streets shall conform to City of Carlsbad Standards based on R-valuc
tests. All private streets and drainage systems shall be inspected by the City, and thl
standard improvement plan check and inspection fees shall be paid prior to approva
of the Final Map for this project.
57. The private sidewalk shall be kept clear of all obstructions including, but not limitec
to, fire hydrants? mail boxes, and street lights.
Water Conditions:
58. The entire potable water system, reclaimed water system and sewer system shall bt
evaluated in detail to ensure that adequate capacity, pressure and flow demands ca1
be met.
59. The Developer shall be responsible for all fees, deposits and charges which will bc
collected before and/or at the time of issuance of the building permit. The Sal
Diego County Water Authority capacity charge will be collected at issuance o
application for meter installation.
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60. Sequentially, the Developer's Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protectio
requirements. Also obtain G.P.M. demand for domestic and irrigation;
needs from appropriate parties.
B. Prepare a colored reclaimed water use area map and submit to the Plannin
Department for processing and approval.
C. Prior to the preparation of sewer, water and reclaimed water improvemer
plans, a meeting must be scheduled with the district Engineer for reviev
comment and approval of the preliminary system layouts and usages (i.e
GPM - EDU).
61. This project is approved upon the expressed condition that building permits will nc
be issued for development of the subject property unless the water district serving th
development determines that adequate water service and sewer facilities are availabl
at the time of application for such water service and sewer permits and will continu
to be available until time of occupancy. This note shall be placed on the final mar
PASSED, APPROVED, AND ADOPTED at a regular meeting of thl
Planning Commission of the City of Carlsbad, California, held on the 21st day of Decembe~
1994, by the following vote, to wit:
AYES: Chairperson Savary; Commissioners Welshons, Noble, Erwin
Compas, Nielsen, and Monroy.
NOES: None.
ABSENT: None.
ABSTAIN None.
JiLL%Yu-
PEGGY&&~RY, Chairperson ,/ CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
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