HomeMy WebLinkAbout1995-09-20; Planning Commission; Resolution 38040 0
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PLANNING COMMISSION RESOLUTION NO. 3804
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A TENTATIVE
TRACT' MAP TO ALLOW A 240 UNIT COMMERCIAL
TIMESHARE DEVELOPMENT ON PROPERTY
GENERALLY LOCATED NORTH AND SOUTH OF
FINCH LANE, BETWEEN ALGA ROAD AND
KINGFISHER DRIVE IN AVIARA PLANNING AREAS 2
AND 9, IN LOCAL, FACILITIES MANAGEMENT ZONE 19.
CASE NAME: FOUR SEASONS AVIARA RESORT
CASE NO: CT 95-02
WHEREAS, Aviara Resort Associates has filed a verified application \
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a tentati7
map as provided by Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
Commission did, on the 20th day of September, 1995, hold a duly noticed public he3
consider said application on property described as:
hts 6, 7, 8, and 9 of Carlsbad Tract 85-35, Phase I Unit A,
according to Map No. 12409, filed June 29,1989; portion of lots
87 of Carlsbad Tract 85-35, Phase I Unit B, according to Map
No. 12410, filed June 29, 1989, in the City of Carlsbad, County
of San Diego, State of California;
WHEREAS, at said public hearing, upon hearing and considering all tes
and arguments, if any, of all persons desiring to be heard, said Planning Comr
considered all factors relating to CT 95-02.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI;
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comn
recommends APPROVAL of Tentative Tract Map, CT 95-02, based on the fol
findings and subject to the following conditions:
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Findings:
1. The Planning Commission finds that:
a) the project is a subsequent development as identified in Section 21083:
California Environmental Quality Act;
b) the project is consistent with the Aviara Master Plan (MP 177);
c) there was an EIR certified (EIR 83-02(A)) in connection with the
Master Plan (MP 177);
d) the project has no new significant environmental effect not analy
significant in the prior EIR (EIR 83-02(A));
e) none of the circumstances requiring Subsequent or Supplemental EIR
CEQA Guidelines Sections 15162 or 15163 exist;
2. The Planning Commission finds that all feasible mitigation measures or I
alternatives identified in the EIR (EIR 83-02(A)) which are appropriate 1
Subsequent Project have been incorporated into this Subsequent Project.
3. The City’s MEIR found that air quality and circulation impacts are significa:
adverse; therefore, the City Council adopted a statement of over
considerations. The project is consistent with the General Plan and as to
effects, no additional environmental document is required.
4. The project is consistent with the City-Wide Facilities and Improvements Pla
applicable local facilities management plan, and all City public facility policic
ordinances since:
a) The project has been conditioned to ensure that the final map will I
approved unless the City Council finds that sewer service is available to
the project. In addition, the project is conditioned such that a note sh
placed on the final map that building permits may not be issued fc
project unless the District Engineer determines that sewer service is avaj
and building cannot occur within the project unless sewer service re
available, and the District Engineer is satisfied that the requirements
Public Facilities Element of the General Plan have been met insofar a
apply to sewer service for this project.
b) All necessary public improvements have been provided or are requi~
conditions of approval.
c) The developer has agreed and is required by the inclusion of an appro]
condition to pay a public facilities fee. Performance of that contrac
payment of the fee will enable this body to find that public facilities M
available concurrent with need as required by the General Plan. 11 PC RES0 NO. 3804 -2-
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5. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any adc
requirements established by a Local Facilities Management Plan prepared PI
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure COI
availability of public facilities and will mitigate any cumulative impacts createc
project.
6. This project has been conditioned to comply with any requirement approved
of the Local Facilities Management Plan for Zone 19.
7. That the proposed map and the proposed design and improvement of the subc
as conditioned, is consistent with and satisfies all requirements of the Gener:
any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Coc
the State Subdivision Map Act, and will not cause serious public health probl
that timeshare uses are permitted in the Aviara Master Plan as amended, all I
areas have proper circulation and landscaping, the existing native habitat i,
maintained, and necessary public facilities and services needed to ser
development are or will be in place prior to occupancy of the project.
8. That the proposed project is compatible with the surrounding future land usc
surrounding properties are designated for tourist-related recreational comn
open space, and residential development on the General Plan, in that the
Master Plan (MP 177) is already organized to provide open space buffel
intervening streets between the proposed resort development and sumo
residential development.
9. That the site is physically suitable for the type and intensity of the developme1
the site is adequate in size and shape to accommodate development at the ir
proposed, in that all proposed development for the timeshare project fits on
without the need of expanding the total graded area.
10. That the design of the subdivision or the type of improvements will not confl
easements of record or easements established by court judgment, or acquirec
public at large, for access through or use of property within the proposed subd
in that all existing easements of record within the project are consistent v
proposal or shall be relocated as necessary concurrent with recordation of tl
map.
11. That the property is not subject to a contract entered into pursuant to th
Conservation Act of 1965 (Williamson Act);
12. That the design of the subdivision provides, to the extent feasible, for future
or natural heating or cooling opportunities in the subdivision, in that the PI
building orientations and spacing allow for a variety of microclima
environments.
13. That the Planning Commission has considered, in connection with the !
proposed by this subdivision, the housing needs of the region, and balance
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housing needs against the public service needs of the City and available fist
environmental resources;
14. That the design of the subdivision and improvements are not likely tc
substantial environmental damage nor substantially and avoidably injure
wildlife or their habitat, in that all existing native habitat is remaining preser
all previously approved encroachment deterrents will be in place pi
construction.
15. That the discharge of waste from the subdivision will not result in viola
existing California Regional Water Quality Control Board requirements, in 1
National Pollutant Discharge Elimination System requirements will be met t
final project design.
Planning Conditions:
1. The Planning Commission does hereby recommend approval of the Tentativ
Map for the Commercial Timeshare Project entitled "Four Seasons Aviara :
(Exhibits "A" - "SSS" on file in the Planning Department and incorporated
reference, dated September 20, 1995), subject to the conditions herein sei
Staff is authorized and directed to make or require the Developer to mi
corrections and modifications to the Tentative Tract Map Documents, as ne1
to make them internally consistent and conform to City Council's final action
project. Development shall occur substantially as shown on the approved e:
Any proposed development substantially different from this approval, shall 1
an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, an
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24" x 36", mylar copy
Tentative Map as approved by the final decision making body. The Tentativ
shall reflect the conditions of approval by the City. The Map copy shall be sub
to the City Engineer and approved prior to building, grading, final m
improvement plan submittal, whichever occurs first.
4. The Developer shall provide the Planning Director with a 500' scale mylar
subdivision prior to the recordation of the final map. Said map shall show
and streets within and adjacent to the Project.
5. The Developer shall include, as part of the plans submitted for any perm:
check, a reduced, legible version of the approving resolution/resolutions on :
36" blueline drawing. Said blueline drawing(s) shall also include a copy
applicable Coastal Development Permit and signed approved site plan.
6. Building permits will not be issued for development of the subject property
the District Engineer determines that sewer facilities are available at the t I/ PC RES0 NO. 3804 -4-
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application for such sewer permits and will continue to be available until 1
occupancy. A note to this effect shall be placed on the final map.
7. The Developer shall pay the public facilities fee adopted by the City Council 4
28, 1987 (amended July 2, 1991) and as amended from time to time, a1
development fees established by the City Council pursuant to Chapter 21.90
Carlsbad Municipal Code or other ordinance adopted to implement a
management system or Facilities and Improvement Plan and to fulfill the subdj
agreement to pay the public facilities fee dated May 10,1995, a copy of whic
file with the City Clerk and is incorporated by this reference. If the fees :
paid, this application will not be consistent with the General Plan and apprc
this project will be void.
8. This project shall comply with all conditions and mitigation measures whi
required as part of the Zone 19 Local Facilities Management Plan a1
amendments made to that Plan prior to the issuance of building permits.
9. Approval of CT 95-02 is granted subject to the approval of MP 177(0), LC
03(A), SDP 86-02(B), CUP 90-05(A), PUD 102(A) and HDP 95-11. CT 9
subject to all conditions contained in Planning Commission Resolution Nos.
3803, 3807, 3806, 3805 and 3809, for MP 177(0), LCPA 90-03(A), SDP 86-
CUP 90-05(A), PUD 102(A) and HDP 95-11, respectively.
10. Prior to the issuance of building permits, Developer shall submit to the City a :
of Restriction to be filed in the office of the County Recorder, subject
satisfaction of the Planning Director, notikng all interested parties and sua
in interest that the City of Carlsbad has issued a Tentative Tract Map by Resc
No. 3804 on the real property owned by the developer. Said Notice of Rest)
shall note the property description, location of the file containing complete I
details and all conditions of approval as well as any conditions or restrj
specified for inclusion in the Notice of Restriction. The Planning Director h
authority to execute and record an amendment to the notice which modii
terminates said notice upon a showing of good cause by the developer or SUC
in interest.
11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with
pursuant to City standards. Location of said receptacles shall be approved 1
Planning Director. Enclosure shall be of similar colors and/or materials 1
project to the satisfaction of the Planning Director.
12. An exterior lighting plan including parking areas shall be submitted for Pli
Director approval. All lighting shall be designed to reflect downward and avo
impacts on adjacent homes or property.
13. No outdoor storage of material shall occur onsite unless required by the Fire (
In such instance a storage plan will be submitted for approval by the Fire Chic
the Planning Director.
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14. The Developer shall prepare a detailed landscape and irrigation plan in confol
with the approved Preliminary Landscape Plan and the City’s Landscape h
The plans shall be submitted to and approval obtained from the Planning C
prior to the approval of the final map, grading permit, or building permit, whi
occurs first. The Developer shall construct and install all landscaping as shc
the approved plans, and maintain all landscaping in a healthy and thriving con
free from weeds, trash, and debris.
15. The first submittal of detailed landscape and irrigation plans shall be accom
by the project’s building, improvement, and grading plans.
16. The Developer shall submit and obtain Planning Director approval of a unifor
program for this development prior to occupancy of any building.
17. Building identification and/or addresses shall be placed on all new and e
buildings so as to be plainly visible from the street or access road; cc
identification and/or addresses shall contrast to their background color.
18. The Developer shall provide bus stops to service this development at locatio
with reasonable facilities to the satisfaction of the North County Transit DiStI-1
the Planning Director. Said facilities, if required, shall at a minimum inb
bench, free from advertising, and a pole for the bus stop sign. The bench an
shall be designed to enhance or be consistent with the basic architectural the
the project.
19. Prior to approval of the final map or grading permit, whichever occurs fir
Developer shall receive approval of a Coastal Development Permit issued
California Coastal Commission that substantially conforms to this approval. A I
copy of the Coastal Development Permit must be submitted to the Planning Dil
If the approval is substantially different, an amendment to Tentative Tract Mal
be required.
20. The maximum time increment for recurrent exclusive use of occupancy
timeshare unit shall be four (4) months. A note indicating this requiremenl
be placed on the final map. The seller of the timeshare units shall discloi
maximum time increment to all potential buyers.
Engineering; Conditions:
NOTE:
Unless specifically stated in the condition, all of the following engineering conc
upon the approval of this proposed major subdivision must be met prior to apl
of a final map:
21. The developer shall provide an acceptable means for maintaining the p
easements within the subdivision and all the private: streets, sidewalks, street I
storm drain facilities and sewer facilities located therein and to distribute the
of such maintenance in an equitable manner among the owners of the prop
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within the subdivision. Adequate provision for such maintenance shall be ir
with the CC&Rs subject to the approval of the City Engineer.
All concrete terrace drains shall be maintained by the homeowner's associa
on commonly owned property) or the individual property owner (if on an indh
owned lot). An appropriately worded statement clearly identifylng the resgon
shall be placed in the CC&Rs.
The developer shall defend, indemnify and hold harmless the City and its
officers, and employees from any claim, action or proceeding against the Cit
agents, officers, or employees to attack, set aside, void or null an approval
City, the Planning Commission or City Engineer which has been brought agai
City within the time period provided for by Section 66499.37 of the Subdivisic
Act.
The owner of the subject property shall execute an agreement holding th
harmless regarding drainage across the adjacent property.
Pretreatment of the sanitary sewer discharge from this project may be requir
addition to the requirements for a sewer connection permit the applican
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Codc
applicant shall apply for an industrial waste water discharge permit concurrent
the building permit for this project.
The subject property is within the boundaries of Assessment District No. 88-1
Road). Upon the subdivision of land within the district boundaries, the ownc
pass through assessments to subsequent owners or& if the owner has exec
Special Assessment District Pass-through Authorization Agreement. Said Agre
contains provision regarding notice to potential buyers of the amount (
assessment and other provisions and requires the owner to have each buyer r
and execute a Notice of Assessment and an Option Agreement. In the event tl.
owner does not execute the Authorization Agreement, the assessment on the s
property must be paid off in full by the owner prior to final map approval.
The developer shall execute a hold harmless agreement for geologic failure.
Upon completion of grading, the developer shall ensure that an "as-graded" ge
plan is submitted to the City Engineer. The plan shall clearly show all the g(
as exposed by the grading operation, all geologic corrective measures as ac
constructed and must be based on a contour map which represents both the pj
post site grading. This plan shall be signed by both the soils engineer ar
engineering geologist. The plan shall be prepared on a 24" x 36" mylar or s
drafting film and shall become a permanent record.
No grading shall occur outside the limits of the subdivision unless a grading or
easement is obtained from the owners of the affected properties. If the develo
unable to obtain the grading or slope easement, either the tentative map sh
amended or the plans shall be modified so grading will not occur outside the p
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site in such a manner which substantially conforms to the tentative I
determined by the City Engineer and Planning Director.
30. Rain gutters must be provided to convey roof drainage to an approved dl
course or street to the satisfaction of the City Engineer.
31. The owner shall make an offer of dedication to the City for all public strec
easements required by these conditions or shown on the tentative map. Tb
shall be made by a certificate on the final map for this project. All land so I
shall be granted to the City free and clear of all liens and encumbrances and I
cost to the City. Streets that are already public are not required to be reded
32. Prior to approval of any grading or building permits for this project, the owne
give written consent to the annexation of the area shown within the boundaries
site plan into the existing City of Carlsbad Street Lighting and Landscaping I
No. 1 on a form provided by the City.
33. The developer shall comply with the City’s requirements of the National Po
Discharge Elimination System (NPDES) permit. The developer shall provil:
management practices to reduce surface pollutants to an acceptable level p:
discharge to sensitive areas. Plans for such improvements shall be approved
City Engineer.
34. The design of all private streets and drainage systems shall be approved by tk
Engineer. The structural section of all private streets shall conform to (
Carlsbad Standards based on R-value tests. All private streets and drainage s
shall be inspected by the City. The standard improvement plan check and insr
fees shall be paid.
FINAL MAP NOTES
35. Notes to the following effect shall be placed on the final map as non-mappinf
I. All improvements are private and are to be privately maintained wi
exception of the following:
A. Alga Road
B. Batiquitos Drive
C. Water supply lines accepted by the Carlsbad Municipal Water C
11. Geotechnical Caution:
The owner of this property on behalf of itself and all of its succ
in interest has agreed to hold harmless and indemnify the C
Carlsbad from any action that may arise through any geological fi
ground water seepage or land subsidence and subsequent damag
may occur on, or adjacent to, this subdivision due to its constru
operation or maintenance.
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IMPROVEMENT PLAN NOTES
36. A note shall be placed on the improvement plans stating which utilities are
and which are private.
Water District Conditions:
37. The entire potable water system shall be reviewed and revised to meel
District’s Standards and Specifications.
38, The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. TI
Diego County Water Authority capacity charge will be collected at issua
application for meter installation. The existing fees for plan checking-processir
be reviewed and adjusted as necessary.
39. Sequentially, the Developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish any revisions to the origil
protection requirements. Also obtain any changes in the GPM dema
domestic and irrigational needs from appropriate plans.
b) Prepare a revised colored reclaimed water use area map and submit
Planning Department for processing and approval.
c) Prior to the revision of the water improvement plans, a meeting m
scheduled with the District Engineer for review, comment and approval
preliminary system layouts and usages (i.e. - GPM - EDU).
40. This project is approved on the expressed condition that building permits will :
issued for development of the subject property, unless the water district servi
development determines that adequate water service and sewer facilities are av:
at the time of application for such water service and sewer service permits a1
continue to be available until time of occupancy.
41. The original improvement plans for the sewer and reclaimed water systems
processed and approved by the City of Carlsbad Engineering Department -- re
of these systems must be approved by the City Engineer.
42. Potable water improvement plans for Carlsbad Tract No. 85-35, Unit B, City D
313-5A & 5D, have been approved by the Water District, and these plans m
revised and meet the conditions as stated above.
General Conditions:
43. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the i
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to revoke or modi& all approvals herein granted; deny or further condition i:
of all future building permits; deny, revoke or further condition all certific
occupancy issued under the authority of approvals herein granted; instih
prosecute litigation to compel their compliance with said conditions or seek d:
for their violation. No vested rights are gained by Developer or a succe
interest by the City's approval of this Resolution.
Code Reminders:
NOTE: The project is subject to all applicable provisions of local ordi~
including but not limited to the following code requirements:
44. The Developer shall pay a landscape plan check and inspection fee as requj
Section 20.08.050 of the Carlsbad Municipal Code.
45. The following note shall be placed on the Final Map: "Prior to issuance of a b
permit for any buildable lot within the subdivision, the Developer shall pay
time special development tax in accordance with the City Council Resolution 1
39."
46. Approval of this request shall not excuse compliance with all applicable secti
the Zoning Ordinance and all other applicable City ordinances in effect at ti
building permit issuance, except as othenvise specifically provide herein.
47. The project shall comply with the latest non-residential disabled access require
pursuant to Title 24 of the State Building Code.
48. All roof appurtenances, including air conditioners, shall be architecturally intel
and concealed from view and the sound buffered from adjacent propertie
streets, in substance as provided in Building Department Policy No. 80-6, 1
satisfaction of the Directors of Planning and Building.
49. All landscape and irrigation plans shall be prepared to conform with the LanC
Manual and submitted per the landscape plan check procedures on file 1
Planning Department.
50. Any signs proposed for this development shall at a minimum be design
conformance with the City's Sign Ordinance and shall require review and ap1
of the Planning Director prior to installation of such signs.
51. Approval of this tentative tract map shall expire twenty-four (24) months fro
date of City Council approval unless a final map is recorded. An extension n
requested by the developer. Said extension shall be approved or denied i
discretion of the City Council. In approving an extension, the City Council
impose new conditions and may revise existing conditions pursuant to St
20.12.110(a)(2) Carlsbad Municipal Code.
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52. Prior to hauling dirt or construction materials to or from any proposed const
site within this project, the developer shall submit to and receive approval fi
City Engineer for the proposed haul route. The developer shall comply F
conditions and requirements the City Engineer may impose with regards
hauling operation.
53. Based upon a review of the proposed grading and the grading quantities shc
the tentative map, a grading permit for this project is required. The developc
submit a receive approval for grading plans in accordance with City Cod
Standards. Prior to issuance of a building permit for the project, a grading I
shall be obtained and a grading work be completed in substantial conformanc
the approved grading plans.
NOTE If the disturbed area is five acres or more, prior to the is
of a grading permit or building permit, whichever OCCUI
the developer shall submit proof that a Notice of Intenti
been submitted to the State Water Resources Control :
54. Prior to issuance of a building permit for any buildable lot within the subdivisic
property owner shall pay a one-time special development tax in accordance wi
Council Resolution No. 91-39.
55. The developer shall exercise special care during the construction phase of this 1
to prevent offsite siltation. Planting and erosion control shall be provic
accordance with the Carlsbad Municipal Code and the City Engineer.
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PC RES0 NO. 3804 -11-
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Q PASSED, APPROVED, AND ADOPTED at a regular meeting
2
September, 1995, by the following vote, to wit: 3
Planning Commission of the City of Carlsbad, California, held on the 20th
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AYES: Chairperson Welshons, Commissioners Savary, Noble, 1
Erwin, Monroy and Compas.
NOES: None
ABSENT: None
ABSTAIN None
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSIO
l4 11 ATTEST:
17 MICHAEL~OLZMILL~ w/ow
18 ::b Planning g Director
17 MICHAEL~OLZMILL~ w/ow
18 ::b Planning g Director
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