Loading...
HomeMy WebLinkAbout1995-01-18; Planning Commission; Resolution 3699e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I I, PLANNING COMMISSION RESOLUTION NO. 3699 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE AND DEVELOP 6 SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT ON A .72 ACRE SITE ON PROPERTY GENERALLY LOCATED NORTH OF OLIVE AVENUE, SOUTH OF DATE AVENUE, EAST OF GARFIELD WAY, IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PACIFIC POINTE CASE NO: CT 94-02 WHEREAS, a verified application for certain property to wit: Lot 3, Block “U” of Palisades No. 2, Map 1803, City of Carlsbad, County of San Diego, State of California. has been filed with the City of Carlsbad and referred to the Planning Cornmi, WHEREAS, said verified application constitutes a request as providl STREET AND WEST OF THE NCTD RAIL RTGHT-OF- 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of Jan1 hold a duly noticed public hearing as prescribed by law to consider said requesl WHEREAS, at said public hearing, upon hearing and considering all and arguments, if any, of all persons desiring to be heard, said Commission con: factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cl hereby APPROVES CT 94-02, based on the following findings and the following conditions: Findings: 1. The project is consistent with the City’s General Plan since the proposed 9.38 dus/acre is within the density range of 8 to 15 dus/acre specified for e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I1 indicated on the Land Use Element of the General Plan, and is at or I. growth control point of 11.5 dus/acre. 2. The site is physically suitable for the type and density of the development site is adequate in size and shape to accommodate residential developmc density proposed. 3. The project is consistent with all City public facility policies and ordinanc a) The Planning Commission has, by inclusion of an appropriate condit project, ensured that the final map will not be approved unless Council finds that sewer service is available to serve the project. In the Planning Commission has added a condition that a note shall on the final map that building permits may not be issued for tl unless the District Engineer determines that sewer service is avai building cannot occur within the pr0jec.t unless sewer service available, and the Planning Commission is satisfied that the requir the Public Facilities Element of the General Plan have been met they apply to sewer service for this project. b) School fees will be paid to ensure the availability of school facilil Carlsbad Unified School District. c) Park-in-lieu fees are required as a condition of approval. d) All necessary public improvements have been provided or will be r( conditions of approval. e) The applicant has agreed and is required by the inclusion of an a] condition to pay a public facilities fee. Performance of that COI payment of the fee will enable this body to find that public facilit available conc.urrent with need as required by the General Plan. 4. The proposed project is compatible with the surrounding land uses since su properties are designated and developed with residential uses at Residentiz to Residential Medium High density as shown on the General Plan. 5. This project will not cause any significant environmental impacts and a Declaration has been issued by the Planning Director on June 14, approved by the Planning Commission on January 18, 1995. In appr Negative Declaration the Planning Commission has considered the initial staff analysis, all required mitigation measures and any written commenl regarding the significant effects this project could have on the environmt 6. The applicant is by condition, required to pay any increase in public faci new construction tax, or development fees, and has agreed to abide by any requirements established by a Local Facilities Management Plan prepare' to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure PC RES0 3699 -2- e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 availability of public facilities and will mitigate any cumulative impacts crea project. 7. This project is consistent with the City’s Growth Management Ordinancx been conditioned to comply with any requirement approved as part of Facilities Management Plan for Zone 1. 8. The project is consistent with the Beach Area Overlay Zone and the Bc Land Use Study as adequate guest parking is provided, building height w than 30 feet, and the single family detached product type will be compatibl surrounding neighborhood. 9. The waiver of the Engineering cul-de-sac standard will not conflict with e future traffic and parking demands or pedestrian or bicycle use, will significant hazards, will not impede emergency response times, wil detrimental or injurious to the property or improvements in the vic adversely affect the General Plan, as determined in the Beach Area Land 1 and the Fire Department memo dated January 18, 1995, on file in the Department. Conditions: 1. Approval is granted for CT 94-02, as shown on Exhibits “A” - “K, dated Js 1995, incorporated by reference and on file in the Planning De Development shall occur substantially as shown unless otherwise notec conditions. 2. Approval of CT 94-02 is granted subject to the approval of PUD 94-01. C approved subject to all conditions of approval of PUD 94-01, Planning Ca Resolution No. 3700, incorporated herein by reference and on file in the Department. 3. The developer shall provide the City with a reproducible 24” x 36”, mylar c Tentative Map as approved by the Planning Commission. The Tentative reflect the conditions of approval by the City. The Map copy shall be sul the City Engineer and approved prior to building, grading, final improvement plan submittal, whichever occurs first. 4. A 500’ scale map of the subdivision shall be submitted to the Planning Din to the recordation of the final map. Said map shall show all lots and stre and adjacent to the project. 5. This project is approved upon the express condition that the final map sk approved unless the City Council finds as of the time of such approval 1 service is available to serve the subdivision. PC RES0 3699 -3- II I( 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. 1 i 13. I 14. This project is approved upon the express condition that building permits wi issued for development of the subject property unless the District I determines that sewer facilities are available at the time of application for su’ permits and will continue to be available until time of occupancy. This note placed on the final map. This project is also approved under the express condition that the applicanl public facilities fee adopted by the City Council on July 28, 1987 and as : from time to time, and any development fees established by the City pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other o adopted to implement a growth management system or facilities and impr plan and to fulfill the subdivider’s agreement to pay the public facilities f January 24,1994, a copy of which is on file with the City Clerk and are inca by this reference. If the fees are not paid this application will not be consis the General Plan and approval for this project shall be void. The applicant shall pay park-in-lieu fees to the City, prior to the approval of map as required by Chapter 20.44 of the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate conditions of overcrowdir of building permit application. These fees shall be based on the fee scl: effect at the time of building permit application. This project shall comply with all conditions and mitigation required by thc Local Facilities Management Plan approved by the City Council on Sept 1987, incorporated herein and on file in the Planning Department and a1 amendments to the Plan made prior to the issuance of building permits. The following note shall be placed on the Final Map. “Prior to issuance of a permit for any buildable lot within the subdivision, the property owner sh one-time special development tax in accordance with the City Council Resoll 91-39.” If any condition for construction of any public improvements or facilitie payment of any fees in lieu thereof, imposed by this approval or imposed 1 this project are challenged this approval shall be suspended as prc Government Code Section 65913.5, If any such condition is determined to 1 this approval shall be invalid unless the City Council determines that th without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of th Ordinance and all other applicable City ordinances in effect at time oi permit issuance. The applicant shall establish a homeowners’ association and corresponding c conditions and restrictions. Said CC&Rs shall be submitted to and approc Planning Director prior to final map approval. The CC&Rs shall be consi! PC RES0 3699 -4- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the conditions of this approval. The following items shall be included in the (1) no private development shall be permitted on Lot “A”, (2) Lot “A” developed as shown on Exhibits “A- “K’ to be maintained by the HON Association, (3) common ownership of Lot “A, (4) Lot “A shall be dedical Homeowners’ Association as permanent open space. 15. Prior to the issuance of the building permit there shall be a Notice of R placed on the Deed to this property subject to the satisfaction of the Director notifying all interested parties and successors in interest that th Carlsbad has issued a tentative map by Planning Commission Resolution on the real property owned by the declarant. Said Notice of Restriction s the property description, location of the file containing complete project dc all conditions of approval as well as any conditions or restrictions spe( inclusion in the Notice of Restriction. The restrictions referred to in said nc be modified or terminated only with the approval of the Planning Director, Commission or City Council of the City of Carlsbad whichever has final authority for this project. 16. The applicant shall prepare a detailed landscape and irrigation plan whicl submitted to and approved by the Planning Director prior to the approval c or building plans, whichever occurs first. 17. All landscaped areas shall be maintained in a healthy and thriving condi from weeds, trash, and debris. 18. The applicant shall pay a landscape plan check and inspection fee as rec Section 20.08.050 of the Carlsbad Municipal Code. 19. The first set of landscape and irrigation plans submitted shall include build improvement plans and grading plans. 20. Building identification and/or addresses shall be placed on all new anc buildings so as to be plainly visible from the street or access road; identification and/or addresses shall contrast to their background color. 21. The developer shall display a current Zoning and Land Use Map in the si at all times, or suitable alternative to the satisfaction of the Planning Dirt 22. As part of the plans submitted for building permit plan check, the appli’ include a reduced version of the approving resolution/resolutions on a blueline drawing. Said blueline drawing(s) shall also include a copy of any 2 Coastal Development Permit and signed approved site plan. 23. Prior to final map, the applicant shall show evidence of an approvec Development Permit for the project. PC RES0 3699 -5- 0 e 1 24. Prior to issuance of building permits the applicant shall pay an in-lieu fee eq to the inclusionary housing requirement on 6 units as provided for in 2 21.85.050 Inclusionary Housing Ordinance. 3 4 5 6 7 8 9 10 11 12 13 25. Prior to issuance of building permit the applicant shall mitigate interior outlined in the preliminary noise report so that: (1) the interior noise levels mitigated to 45 dBA CNEL when openings to the exterior of the residence ar (2) if openings are required to be closed to meet City standards, me ventilation shall be provided, and; (3) all useable exterior space above the fi shall be mitigated to the adopted City standard. 26. Prior to the recordation of the final map or the issuance of grading or permits, whichever occurs first, the owner of record of the property wj boundaries of this tentative map shall prepare and record a notice that this is subject to overflight, sight, and sound of aircraft operating from Mc Palomar Airport in a manner meeting the approval of the Planning Direct01 City Attorney. The applicant shall post aircraft noise notification signs in all sales and ( offices associated with the new development. The number and locations of s shall be approved by the Planning Director. 14 27. Prior to final map, an open space easement shall be recorded on Lot “A”. shall be retained as permanent open space. No development of Lot “A” 15 permitted except as shown on Exhibits “I” - “K Landscape Concept Plan. 1 €j Enpineering Conditions: l7 // 28. Unless a standards variance has been issued, no variance from City StaI 18 29. The applicant shall comply with all the rules, regulations and design require 19 authorized by virtue of approval of this tentative map. 20 the respective sewer and water agencies regarding services to the project. 21 22 23 24 25 26 30. The applicant shall be responsible for coordination with S.D.G.&E., Pac Telephone, and Cable TV authorities. 31. The applicant shall provide an acceptable means for maintaining the easements within the subdivision and all the private: streets, sidewalks, stre storm drain facilities and sewer facilities located therein and to distribute of such maintenance in an equitable manner among the owners of the p within the subdivision. Adequate provision for such maintenance shall be with the CC&Rs subject to the approval of the City Engineer prior to f approval. ~ 27 32. Approval of this tentative tract map shall expire twenty-four (24) months 28 date of Planning Commission approval unless a final map is recorded. An t PC RES0 3699 -6- a a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 may be requested by the applicant. Said extension shall be approved or the discretion of the Planning Commission. In approving an extension, the Commission may impose new conditions and may revise existing conditions to Section 20.12.110(a)(2) Carlsbad Municipal Code. 33. The applicant shall defend, indemnify and hold harmless the City and i officers, and employees from any claim, action or proceeding against the ( agents, officers, or employees to attack, set aside, void or null an appro’ City, the Planning Commission or City Engineer which has been brought a, City within the time period provided for by Section 66499.37 of the Subdivj Act. 34. Prior to approval of the final map, the applicant shall pay all current deposits required. 35. Prior to approval of the final map, the owner shall pay drainage are accordance with the Master Drainage Plan. 36. Prior to approval of the final map, the owner of the subject property sha an agreement holding the City harmless regarding drainage across the property. 37. Based upon a review of the proposed grading and the grading quantities the tentative map, a grading permit for this project is required. Prior to approval, the applicant must submit and receive approval for grading accordance with City Codes and standards. 38. No grading shall occur outside the limits of the subdivision unless a gradin; easement is obtained from the owners of the affected properties. If the a1 unable to obtain the grading or slope easement, no grading permit will 1 In that case the applicant must either amend the tentative map or change so grading will not occur outside the project site in a manner which SUI conforms to the approved tentative map as determined by the City Eng Planning Director. 39. Prior to hauling dirt or construction materials to or from any proposed COI site within this project, the applicant shall submit to and receive approval City Engineer for the proposed haul route. The applicant shall compk conditions and requirements the City Engineer may impose with regar hauling operation. 40. The developer shall exercise special care during the construction phase of tl to prevent offsite siltation. Planting and erosion control shall be prl accordance with the Carlsbad Municipal Code and the City Engineer. 1 Chapter 11.06. 41. Rain gutters must be provided to convey roof drainage to an approved course or street to the satisfaction of the City Engineer. PC RES0 3699 -7- I1 e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 42. Additional drainage easements may be required. Drainage structures provided or installed prior to the issuance of grading or building permit 2 required by the City Engineer. 43. The owner shall make an offer of dedication to the City for all public SI easements including portions of Olive Avenue and Date Avenue as requirec conditions or shown on the tentative map. The offer shall be made by a I on the final map for this project. All land so offered shall be granted to the and clear of all liens and encumbrances and without cost to the City. 44. Plans, specifications, and supporting documents for all public improvemenl prepared to the satisfaction of the City Engineer. Prior to approval of the in accordance with City Standards, the applicant shall install, or agree to il secure with appropriate security as provided by law, improvements shov tentative map and the following improvements: 1. Complete half-width street improvements plus 12’ of additional pavi portion of Date Avenue along the project frontage. Improvemt include, but are not limited to, curb, gutter, sidewalk, asphalt pa street lighting. 2. Complete half-width street improvements plus 12’ of additional pavi portion of Olive Avenue along the project Frontage and as show tentative map. Improvements shall include, but are not limited gutter, sidewalk, asphalt paving, and street lighting. 3. Street improvements to the eastern terminus of Olive Avenu, satisfaction of the City Engineer. A note to this effect shall be placed on an additional map sheet on the final the provisions of Sections 66434.2 of the Subdivision Map Act. Improveme above shall be constructed within 18 months of approval of the secured imp. agreement or such other time as provided in said agreement. 45. In areas where drainage swales are located closer than 5’ to the edge of tht foundation, the adjacent footing geometry shall be increased to provide no 1 foot of depth below the elevation of the swale flow line. Fire Conditions: 46. Prior to the issuance of building permits, complete building plans shall be s to and approved by the Fire Department. 47. Additional onsite public water mains and hydrants are required. ~ .... PC RES0 3699 -8- e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I Carlsbad Municipal Water District Conditions: 48. The entire potable and non-potable water system/systems for subject projec evaluated in detail to ensure that adequate capacity and pressure for landscaping and fire flow demands are met. 49. The developer will be responsible for all fees and deposits plus the maj, charge which will be collected at time of issuance of building permit. The f shall pay a San Diego County Water Authority capacity charge whic: collected at issuance of application for meter installation. 50. This project is approved upon the express condition that building permits '~i issued for development of the subject property unless the water district se development determines that adequate water service and sewer facilities are at the time of application for such water service and sewer permits will co be available until time of occupancy. This note shall be placed on the fir 51. Sequentially, the Developer's Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire F requirements. Also obtain G.P.M. demand for domestic and ir: needs from appropriate parties. B. Prepare a colored reclaimed water use area map and submit to the Department for processing and approval. , C. Prior to the preparation of sewer, water and reclaimed water imp] plans, a meeting must be scheduled with the District Engineer fo comment and approval of the preliminary system layouts and usag GPM - EDU). 52. The developer shall install and make completely operational the sew relocation. No building permits shall be issued for Lots 3 or 6 before coml the sewer main relocation. .... .... .... .... .... .... ~ I .... I PC RES0 3699 -9- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 18th day of 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, Monroy, Nielsen, Noble and Savary. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: \ %ki&$i$w KIM WELSHONS, Chairperson CARLSBAD PLANNING COMM MICHAEL J. H~LZMYLLER Planning Director I II 27 28 PC RES0 3699 -10-