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HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4274Y 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 0 0 PLANNING COMMISSION RESOLUTION NO. 4274 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT NUMBER CT 96-08 TO CREATE AND DEVELOP A 15-LOT RESIDENTIAL SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF JEFFERSON STREET AND CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: JEFFERSON/CHINQUAPIN PROJECT CASE NO.: CT 96-08 WHEREAS, Jan Alexander Kalicki and Rosalind Jones Kalicki, hust wife as joint tenants, “Developer”, has filed a verified application with the City of regarding property owned by Jan Alexander Kalicki and Rosalind Jones Kalicki, and wife as joint tenants, “Owner”, described as: A portion of Tract 232 of Thum Lands, in the City of Carlsbad, County of San Diego, according to Map 1681, filed in the Office of the County Recorder of said County 12/9/15. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentat Map as shown on Exhibit(s) “A” - “H” dated July 1, 1998, on file in the Planning Dc JEFFERSON/CHINQUAPIN PROJECT, CT 96-08 as provided by Title 20 of the Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of July 195 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all and arguments, if any, of persons desiring to be heard, said Commission considered : relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: % 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 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor APPROVES JEFFERSON/CHINQUAPIN PROJECT, CT 96-08 basc following findings and subject to the following conditions: Findings: 1. That the proposed map and the proposed design and improvement of the subdi conditioned, is consistent with and satisfies all requirements of the General I applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and Subdivision Map Act, and will not cause serious public health problems, in th proposed project’s effective density of 5.0 du/ac is consistent with the Gent through the application of the special density allocation criteria containe General Plan; 2) the project is designed in accordance with all a1 requirements of the City’s Subdivision regulations; 3) the proposed lots s yard setbacks comply with all applicable requirements of the City’s regulations; 4) the project complies with Section 21.10.015 governing dwelling units; and 5) the project provides all public improvements necr serve the proposed residential development. 2. That the proposed project is compatible with the surrounding future land use surrounding properties are designated for RLM (Residential Low-Medium) a1 (Residential Medium-High) density residential development on the Gene] and the proposed project is a residential development with a proposed dens dwelling units per acre, which is consistent with the RLM General Plan dea through the application of the General Plan special density allocation criter designed to be compatible with the surrounding similar single-family detac uses. 3. That the site is physically suitable for the type and density of the development site is adequate in size and shape to accommodate residential development at th proposed, in that the proposed lots all exceed the minimum lot size require the zone and can easily accommodate the proposed structures while pro1 required front, side, and rear yard setbacks, and the project complies wit1 standards for lot configuration, street widths, grading and drainage development. 4. That the design of the subdivision or the type of improvements will not con easements of record or easements established by court judgment, or acquirc public at large, for access through or use of property within the proposed subdi that the project has been designed such that there are no conflicts with an! easements. 5. That the property is not subject to a contract entered into pursuant to Conservation Act of 1965 (Williamson Act). PC RES0 NO. 4274 -2- t .. 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 0 0 6. That the design of the subdivision provides, to the extent feasible, for future p, natural heating or cooling opportunities in the subdivision, in that the projecl dominated by westerly wind patterns which will allow the utilization of heating and cooling opportunities and the dwelling units have been desig oriented to maximize the passive heating and cooling opportunities. 7. That the Planning Commission has considered, in connection with the housing 1 by this subdivision, the housing needs of the region, and balanced those housi against the public service needs of the City and available fiscal and envirf resources. 8. That the design of the subdivision and improvements are not likely to cause SI environmental damage nor substantially and avoidably injure fish or wildlife habitat, in that the site contains no habitat and does not serve as a wildlife n corridor. 9. That the discharge of waste from the subdivision will not result in violation oj California Regional Water Quality Control Board requirements, in that the prc been designed in accordance with City required sewer and drainage i Pursuant to City Engineering standards, the project is conditioned to corn National Pollution Discharge Elimination System (NPDES) standards to any discharge violations. 10. The Planning Commission finds that the project, as conditioned here conformance with the Elements of the City's General Plan, based on the followin a. Land Use: The project is consistent with the City's General Plan proposed density of 5.0 ddacre is consistent with the General P1: designation through the application of the special density allocatio~ contained in the General Plan Land Use Element as the project is co with the objectives, policies, and general land uses and programs e in the Land Use Element and does not exceed the maximum alloc more than an additional 25%; b. Circulation: The project is consistent with the Circulation Elemel General Plan in that 1) the project will provide dedication! improvements for Jefferson Street and Chinquapin Avenue and extension of southerly extension of Linmar Lane to public street SI thus providing for adequate circulation around and within the pro 2) the project will provide all required parking for the residential site; and c. Housing: That the project is consistent with the Housing Element of th Plan and the Inclusionary Housing Ordinance as the Developer conditioned to enter into an Affordable Housing Agreement to provide restrict two second dwelling units as affordable to lower-income house1 I PC RES0 NO. 4274 -3 - Y - 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 a 0 11. The project is consistent with the City-Wide Facilities and Improvements I applicable local facilities management plan, and all City public facility poli ordinances since: a. The project has been conditioned to ensure that the final map will not be : unless the City Council finds that sewer service is available to serve thc In addition, the project is conditioned such that a note shall be placed on map that building permits may not be issued for the project unless tht Engineer determines that sewer service is available, and building cam within the project unless sewer service remains available, and the Engineer is satisfied that the requirements of the Public Facilities Elemc General Plan have been met insofar as they apply to sewer service for thi: b. Statutory School fees will be paid to ensure the availability of school fa1 the Carlsbad Unified School District; c. All necessary public improvements have been provided or are rec conditions of approval; and d. The developer has agreed and is required by the inclusion of an ar condition to pay a public facilities fee. Performance of that contract and of the fee will enable this body to find that public facilities will be concurrent with need as required by the General Plan. 12. 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 i requirements established by a Local Facilities Management Plan prepared p~ Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail public facilities and will mitigate any cumulative impacts created by the project. 13. This project has been conditioned to comply with any requirement approved as I Local Facilities Management Plan for Zone 1. 14. That the project will provide sufficient additional public facilities for the c excess of the control point to ensure that the adequacy of the City’s public faci will not be adversely impacted, in that the Local Facilities Management Plan 1 anticipated the development of the subject site at the proposed den consequently, anticipated the facilities requirements of the project as making the provision of additional facilities beyond those already identifi adopted Zone 1 Local Facilities Management Plan unnecessary. 15. That there have been sufficient developments approved in the quadrant at densil the control point to offset the units in the project above the control point so tha will not result in exceeding the quadrant limit. PC RES0 NO. 4274 -4- 0 0 -_ 1 2 3 4 16. That all necessary public facilities required by the Growth Management’Ordin: be constructed or are guaranteed to be constructed concurrently with the need created by this project and in compliance with adopted City standards, in that thc is conditioned to comply with all applicable requirements of the Local 1 Management Plan for Zone 1 and no additional facilities beyond those ider the Zone 1 Plan are required. 5 1) Planning Conditions: 6 7 8 9 10 1. Staff is authorized and directed to make, or require Developer to make, all cc and modifications to the Tentative Tract Map documents necessary to me internally consistent and in conformity with final action on the project. Devl shall occur substantially as shown in the approved Exhibits. Any proposed devl different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, i ordinances in effect at the time of building permit issuance. 11 Tentative Map as approved by the final decision making body. The Tental 12 9 I 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar co shall reflect the conditions of approval by the City. The Map copy shall be sub 13 the City Engineer and approved prior to building, grading, final map, or imp 14 plan submittal, whichever occurs first. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The final map shall not be approved unless the City Council finds as of the tim approval that sewer service is available to serve the subdivision. 5. Building permits will not be issued for development of the subject property I District Engineer determines that sewer facilities are available at the time of a] for such sewer permits and will continue to be available until time of occupant! to this effect shall be placed on the final map. I 6. The Developer shall pay the public facilities fee adopted by the City Council 01 1987, (amended July 2, 1991) and as amended from time to time, and any de\ fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad P Code or other ordinance adopted to implement a growth management system or and Improvement Plan and to fulfill the subdivider’s agreement to pay tl facilities fee dated August 1, 1996, a copy of which is on file with the City Clc incorporated by this reference. If the fees are not paid, this application w consistent with the General Plan and approval for this project will be void. 7. The Developer shall provide proof of payment of statutory school fees tc conditions of overcrowding as part of the building permit application. The 2 these fees shall be determined by the fee schedule in effect at the time of buildi application. PC RES0 NO. 4274 -5- 7 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 0 0 8. This project shall comply with all conditions and mitigation measures which are as part of the Zone 1 Local Facilities Management Plan and any amendments that Plan prior to the issuance of building permits. 9. If any condition for construction of any public improvements or facilities, or the of any fees in-lieu thereof, imposed by this approval or imposed by law on this rt housing project are challenged this approval shall be suspended as pro Government Code Section 66020. If any such condition is determined to be in approval shall be invalid unless the City Council determines that the project wi condition complies with all requirements of law. 10. Approval of CT 96-08 is granted subject to the approval of SDP 97-22 and CD CT 96-08 is subject to all conditions contained in Planning Commission Re: No. 4275 and 4276 for SDP 97-22 and CDP 97-04. 1 1. This project shall comply with all conditions and mitigation measures which are as part of the approved the Negative Declaration, as contained in Planning Cor Resolution No. 4273. 12. Prior to the issuance of the building permit, Developer shall submit to the City of Restriction to be filed in the office of the County Recorder, subject to the sa of the Planning Director, notifying all interested parties and successors in intere! City of Carlsbad has issued a Tentative Tract Map, Site Development P Coastal Development Permit by Resolutions No. 4274, 4275, and 4276 or property owned by the Developer. Said Notice of Restriction shall note the description, location of the file containing complete project details and all con1 approval as well as any conditions or restrictions specified for inclusion in the Restriction. The Planning Director has the authority to execute and record an an to the notice which modifies or terminates said notice upon a showing of good the Developer or successor in interest. 13. Prior to the recordation of the first final tract map or the issuance of building whichever occurs first, the Developer shall prepare and record a Notice that thiz is subject to overflight, sight and sound of aircraft operating from McClellar Airport, in a form meeting the approval of the Planning Director and the City At 14. Prior to the approval of the final map for any phase of this project, the Devell enter into an Affordable Housing Agreement with the City to provide and dec two second dwelling units (on Lots 2 and 8) as affordable to lower-income hl for the useful life of the dwelling units, in accordance with the requirements ar set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordablc Agreement shall be submitted to the Planning Director no later than August The recorded Affordable Housing Agreement shall be binding on all future 07 I successors in interest. I PC RES0 NO. 4274 -6- - * 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 15. The developer must obtain approval of Second Dwelling Unit permits for ea1 two required second dwelling units prior to approval of the Building Pe those units. 16. The developer shall comply with all applicable requirements of thc Landscape Guidelines Manual. Engineering Conditions: NOTE: Unless specifically stated in the condition, all of the following engineering CI upon the approval of this proposed major subdivision must be met prior to approval ( map. 17. Prior to issuance of any building permit, the developer shall comply requirements of the City's anti-graffiti program for wall treatments if and whc program is formally established by the City. 18. There shall be one final subdivision map recorded for this project. 19. All concrete terrace drains shall be maintained by the homeowner's associati commonly owned property) or the individual property owner (if on an inc owned lot). An appropriately worded statement clearly identifying the resp shall be placed in the CC&Rs (if maintained by the Association) and on the F: (Note: Whenever CC&Rs are referred to, an alternative covenant restriction may be used, subject to the approval of the City Engineer.) 20. The developer shall defend, indemnify and hold harmless the City and its agents and employees from any claim, action or proceeding against the City or il officers, or employees to attack, set aside, void or null an approval of the Planning Commission or City Engineer which has been brought against the C: the time period provided for by Section 66499.37 of the Subdivision Map Act. 21. Prior to hauling dirt or construction materials to or fi-om any proposed constrr within this project, the developer shall submit to and receive approval from Engineer for the proposed haul route. The developer shall comply with all cond requirements the City Engineer may impose with regards to the hauling operatio 22. The developer shall provide for sight distance corridors at all street interst accordance with Engineering Standards and shall record the following statemc Final Map (and in the CC&Rs): a. "No structure, fence, wall, tree, shrub, sign, or other object over 30 inc the street level may be placed or permitted to encroach within the area as a sight distance corridor in accordance with City Standard Public Stre Criteria, Section 8.B.3. The underlying property owner shall mai condition." 1 PC RES0 NO. 4274 -7- 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 27 28 23. The developer shall pay all current fees and deposits required. 24. Prior to approval of any grading or building permits for this project, the owner s written consent to the annexation of the area shown within the boundarie subdivision plan into the existing City of Carlsbad Street Lighting and Lan District No. 1 on a form provided by the City. 25. Based upon a review of the proposed grading and the grading quantities shov tentative map, a grading permit for this project appears to be required. The ( must submit and receive approval for grading plans in accordance with city c standards prior to issuance of a building permit for the project. 26. No grading for private improvements shall occur outside the limits of the su unless a grading or slope easement or agreement is obtained from the own€ affected properties and recorded. If the developer is unable to obtain the grading easement, or agreement, no grading permit will be issued. In that case the develc either amend the tentative map or modify the plans so grading will not occur 01 project site in a manner which substantially conforms to the approved tentativ determined by the City Engineer and Planning Director. 27. Additional drainage easements may be required. Drainage structures shall be pr, installed prior to or concurrent with any grading or building permit as may be re the City Engineer. 28. The owner shall make an offer of dedication to the City for all public st easements required by these conditions or shown on the tentative map. The off€ made by a certificate on the final map for this project. All land so offered granted to the City fiee and clear of all liens and encumbrances and without c City. Streets that are already public are not required to be rededicated. 29. Prior to issuance of building permits, the developer shall underground all overhead utilities along the subdivision boundary. 30. The developer shall comply with the City's requirements of the National Discharge Elimination System (NPDES) permit. The developer shall pro management practices as referenced in the "California Storm Water Best Ma Practices Handbook" to reduce surface pollutants to an acceptable level prior to to sensitive areas. Plans for such improvements shall be approved by the City Said plans shall include but not be limited to notifying prospective owners and the following: a. All owners and tenants shall coordinate efforts to establish or P established disposal programs to remove and properly dispose of hazardous waste products. PC RES0 NO. 4274 -8- * 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 0 e b. Toxic chemicals or hydrocarbon compounds such as gasoline, m antifreeze, solvents, paints, paint thinners, wood preservatives, and 01 fluids shall not be discharged into any street, public or private, or into st( or storm water conveyance systems. Use and disposal of pesticides, fu herbicides, insecticides, fertilizers and other such chemical treatments SI Federal, State, County and City requirements as prescribed in their r containers. c. Best Management Practices shall be used to eliminate or reduce surface I when planning any changes to the landscaping and surface improvements 31. Plans, specifications, and supporting documents for all public improvements prepared to the satisfaction of the City Engineer. In accordance with City Stan( developer shall install, or agree to install and secure with appropriate security as by law, improvements shown on the tentative map, and the following improvemt a. Half (?A) street improvements to Jefferson Street and to Chinql Avenue along the project boundary, with any required transitio existing grading/improvements. b. Extension and full width improvements to Linmar Lane, inch removal and reconstruction of the turnaround and existing roadway, c. Under-grounding of overhead utilities along the frontage of this SUI and the construction/extension of all sewer, water, and public UI serve this subdivision. A list of the above improvements shall be placed on an additional map sheet on map per the provisions of Sections 66434.2 of the Subdivision Map Act. Impr shall be constructed within 18 months of approval of the secured improvement a or such other time as provided in said agreement. 32. The developer shall install street lights along all public and private street fro conformance with City of Carlsbad Standards. 33. The developer shall install sidewalks along all public streets abutting the 1 conformance with City of Carlsbad Standards prior to occupancy of any buildini 34. Prior to occupancy of any buildings, the developer shall install wheelchair ran public street corners abutting the subdivision in conformance with City of Standards. 35. Notes to the following effects shall be placed on the final map as non-mapping C a. No structure, fence, wall, tree, shrub, sign, or other object over 30 inc: the street level may be placed or permitted to encroach within the area ~ PC RES0 NO. 4274 -9- d 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 e 0 as a sight distance corridor in accordance with City Standard Public Stree Criteria, Section 8.B.3. The underlying property owner shall main condition. b. Building permits will not be issued for development of the subject propen the District Engineer determines that sewer facilities are available. Fire Conditions: 36. Prior to the issuance of building permits, complete building plans shall be app: the Fire Department. 37. Applicant shall submit a site plan to the Fire Department for approval, whicl location of required, proposed, and existing public water mains and fire hydra plan shall include off-site fire hydrants within 200 feet of the project. 38. Applicant shall submit a site plan depicting emergency access routes, drivew traffic circulation for Fire Department approval. 39. An all-weather, unobstructed access road suitable for emergency service vehicles provided and maintained during construction. When, in the opinion of the Fire C access road has become unserviceable due to inclement weather or other reasons, in the interest of public safety, require that construction operations cease L condition is corrected. 40. All required water mains, fire hydrants, and appurtenances shall be operationa combustible building materials are located on the construction site. 41. The applicant shall provide a street map which conforms to the following requir A 400-scale photo-reduction mylar, depicting proposed improvements and at le existing intersections of streets. The map shall also clearly depict street cen hydrant locations and street names. Water Conditions: 42. 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. The Sal County Water Authority capacity charge will be collected at issuance of applica any meter installation. 43. The Developer shall provide detailed information to the District Engineer regardir demand, irrigation demand, and fire flow demand in gallons per minute, and p sewer flow in million gallons per day. 44. The entire potable water system, recycled water system and sewer system s evaluated in detail by Developer and District Engineer to insure that adequate c, pressure and flow demands can be met. PC RES0 NO. 4274 -10- * 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 0 0 45. All District pipelines, pump stations, pressure reducing stations and appu required for this project by the District shall be within public right-of-way I easements granted to the District or the City of Carlsbad. 46. Sequentially, the Developer’s Engineer shall do the following: a. Meet with the City Fire Marshal and establish the fire protection requiren b. Prepare and submit a colored recycled water use area map and submit th the Planning Department for processing and approval by the District and c. Prior to the preparation of sewer, water, and recycled water improvemc the Developer shall submit preliminary system layouts to the District En‘ review, comment, and approval. 47. The following note shall be placed on the Final Map: “This project is approved expressed condition that building permits will not be issued for developme1 subject property unless the district serving the development has adequate water a capacity available at the time development is to occur, and that such water a capacity will continue to be available until time of occupancy.’’ a. All potable water and recycled water meters shall be placed within public way. General Conditions: 48. If any of the foregoing conditions fail to occur; or if they are, by their ten implemented and maintained over time, if any of such conditions fail 1 implemented and maintained according to their terms, the City shall have thc revoke or modify all approvals herein granted; deny or further condition issual future building permits; deny, revoke or further condition all certificates of o issued under the authority of approvals herein granted; institute and prosecute liti compel their compliance with said conditions or seek damages for their viol2 vested rights are gained by Developer or a successor in interest by the City’s ap this Tentative Tract Map. Standard Code Reminders: This project is subject to all applicable provisions of local ordinances, including but nc to the following code requirements. 49. The developer shall exercise special care during the construction phase of this : prevent offsite siltation. Planting and erosion control shall be provided in a( with the Carlsbad Municipal Code and the City Engineer. PC RES0 NO. 4274 -1 1- U I 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 e e 50. This approval shall become null and void if building permits are not issued project within 24 months from the date of project approval. 5 1. Approval of this request shall not excuse compliance with all applicable sectio Zoning Ordinance and all other applicable City ordinances in effect at time of permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, de( reservations, or other exactions hereafter collectively referred to for conven “fees/exactions.” You have 90 days from July 1, 1998 to protest imposition of these feedexactions. If yc them, you must follow the protest procedure set forth in Government Code Section 660; file the protest and any other required information with the City Manager for proc accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely fo procedure will bar any subsequent legal action to attack, review, set aside, void, or a1 imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/ DOES NOT APPLY to water and sewer connection fees and capacity charges, nor zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously bl a NOTICE similar to this, or as to which the statute of limitations has previously ( expired. .... .... .... .... .... .... .... .... PC RES0 NO. 4274 -12- I v 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 0 e PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 1st day of July 1991 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, P Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: 4R .;v A; m =..-. ,<$” ‘3 +:.?3,cF :Y a/‘ f a y-:; c < &,. -- gJ$ Jf&+ ‘u”u, dbL&/y 2 ; ;* “1 kk- v BAILEY NOB ATTEST: Planning Director PC RES0 NO. 4274 -13-