HomeMy WebLinkAbout1995-01-18; Planning Commission; Resolution 3699e e
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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
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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
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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.
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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!
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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