HomeMy WebLinkAbout1998-07-15; Planning Commission; Resolution 4327II,
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PLANNING COMMISSION RESOLUTION NO. 4327
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
MAY SUBDIVISION ON PROPERTY LOCATED AT THE
CORNER OF PARK DRIVE AND MONROE STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MAY SUBDIVISION
CASE NO.: CT 97-24
CARLSBAD TRACT NUMBER CT 97-24 TO ALLOW THE
WHEREAS, James & Patricia May, “Developer”, have filed a
application with the City of Carlsbad regarding property owned by James & Patric
“Owner”, described as
A portion of Lot “I” of Rancho Agua Hedionda in the County of Sa
State of California, according to the map thereof No. 823, filed in the
the County Recorder of San Diego County November 16,1896
“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat;
Map as shown on Exhibit(s) “A” - “G” dated July 15, 1998, on file in the Planning De;
MAY SUBDIVISION, CT 97-24 as provided by Chapter 20.12 of the Carlsbad N
Code; and
WHEREAS, the Planning Commission did, on the 1st day of July, 199;
L the 15th day of July, 1998, hold a duly noticed public hearing as prescribed by law to
said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of persons desiring to be heard, said Commission considered a1
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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and subject to the following conditions: 2
B) That based on the evidence presented at the public hearing, the Cor
APPROVES MAY SUBDIVISION, CT 97-24, based on the following
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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 F
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
~ subdivision design is consistent with R-1-10,000 zone regulations and condil 1 construct Street “A” - “G” and improve the public street frontages of Pal
~ and Monroe Street to full width right-of-way including curbs, gutters, sic
i street lights, fire hydrants, and underground utilities. The proposed street s
I adequate to handle the project’s pedestrian traffic and accommodate em
vehicles.
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2. That the proposed project is compatible with the surrounding existing land u:
surrounding properties are also designated for residential low medium densit
General Plan and developed with single family residences at similar densities
proposed by the project.
3. That the site is physically suitable for the type and density of the development 5
site is adequate in size and shape to accommodate residential development at the
proposed, in that the single family subdivision is within the RLM density ra:
, the 14 lots comply with all City policies and standards without the n
variances from development standards.
4. That the design of the subdivision or the type of improvements will not confl
easements of record or easements established by court judgment, or acquired
public at large, for access through or use of property within the proposed subdiv
that the project is designed and conditioned to avoid conflicts with any esta
easements.
5. That the property is not subject to a contract entered into pursuant to tl
~ Conservation Act of 1965 (Williamson Act).
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6. That the design of the subdivision provides, to the extent feasible, for future pa
natural heating or cooling opportunities in the subdivision, in that the 10,000+
foot lot sizes allow for a variety of building placement alternatives, includ
adequate placement and separation of the homes, in combination with the PI
variety of future floor plans and dominant western wind patternsholar rf
patterns will allow utilization of natural heating and cooling opportunities.
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by this subdivision, the housing needs of the region, and balanced those housin 27
7. That the Planning Commission has considered, in connection with the housing p
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against the public service needs of ‘the City and available fiscal and envirc
resources.
8. That the design of the subdivision and improvements are not likely to cause sc
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that all feasible mitigation measures identified in MEIR 93
mitigation required by the Mitigated Negative Declaration issued for the
have been incorporated into the project design or required as a cona
approval.
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That the discharge of waste from the subdivision will not result in violation of
California Regional Water Quality Control Board requirements, in that the h:
analysis performed for the project indicates that the rate of runoff fi
proposed development will be reduced from existing conditions due to the r(
in impervious surfaces. Therefore, the proposed development will have le
impact on downstream drainage facilities than currently exists.
I 10. The Planning Commission finds that the project, as conditioned herein for CT
i in conformance with the Elements of the City’s General Plan, based on the follow
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a. Land Use - The project is consistent with the City’s General Plan s
proposed density of 3.4 ddacre is within the density range of 0 - 4
specified for the site as indicated on the Land Use Element of the Gene
and is above the growth control point of 3.2 du/acre. Although the
exceeds the growth control point, it is consistent with the Gener
provision allowing an infill subdivision located in LFMP Zone 1 to ex
density range and/or GCP in certain circumstances. The zone changt
10,000 would not enable a maximum density yield higher than
zoning under the General Plan provision previously discussed.
facilities are adequate in LFMP Zone 1 to accommodate the proposc
and there are excess dwelling units in the quadrant to ensure t
maximum number of dwelling units in the northwest quadrant woulc
exceeded at buildout. The zone change would ensure compatib
providing a transition zone between existing R-1 zoning and smallel
the north and R-1-15,000 zoning and larger lots to the south;
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22 b. Circulation - the subdivision is conditioned to construct Street “A” - “
improve the public street frontages of Park Drive and Monroe Stree
23 width right-of-way including curbs, gutters, sidewalks, street ligl
hydrants, and underground utilities in accordance with City standar,
24 proposed street system is adequate to handle the project’s pedestriar
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and accommodate emergency vehicles;
C. Housing - That the project is consistent with the Housing Element of the
Plan and the Inclusionary Housing Ordinance as the Developer h
conditioned to enter into an Affordable Housing Agreement to prov
second dwelling units as affordable to lower-income households, and sal
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PC RES0 NO. 4327 .3 -
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remaining fraction of a unit through the payment of .47 times the
subsidy needed to make affordable to a lower income household, om
constructed housing unit;
d. Public Safety - The project is required to construct public streets
standards with sidewalks, street lights, and fire hydrants; and
e. Parks and Recreation - The project is required to pay park-in-lieu fees.
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18. The project is consistent with the City-Wide Facilities and Improvements E i applicable local facilities management plan, and all City public facility polil 1 ordinances since:
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a. The project has been conditioned to ensure that the final map will not be E
unless the City Council finds that sewer service is available to serve the
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 the
Engineer determines that sewer service is available, and building cannc
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Elemel
General Plan have been met insofar as they apply to sewer service for this
b. The project is conditioned that prior to the recordation of a final r
applicant shall submit evidence to the City that impacts to school i,
have been mitigated in conformance with the City's Growth Mana
Plan, (as amended concurrently herewith) to the extent permit
applicable state law for legislative approvals.
c. Park-in-lieu fees are required as a condition of approval;
d. All necessary public improvements have been provided or are reqL
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conditions of approval; and
~ e. The developer has agreed and is required by the inclusion of an app:
condition to pay a public facilities fee. Performance of that contract and I:
of the fee will enable this body to find that public facilities will be a.
concurrent with need as required by the General Plan.
1 2. 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 ad
requirements established by a Local Facilities Management Plan prepared pur:
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availa
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 pa
Local Facilities Management Plan for Zone 1. ' PC RES0 NO. 4327 -4-
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14. That the project is not required to provide additional public facilities for the dl
excess of the control point to ensure that the adequacy of the City's public facil
will not be adversely impacted, in that public facilities are adequate in Zc
accommodate the additional 1.1 unit above the GCP.
15. That there have been sufficient developments approved in the quadrant at densitil
the control point to offset the units in the project above the control point so that
will not result in exceeding the quadrant limit.
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16. That all necessary public facilities required by the Growth Management Ordina
~ be constructed or are guaranteed to be constructed concurrently with the need j
~ created by this project and in compliance with adopted City standards.
Conditions:
1: Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Tentative Tract Map document(s) necessary to ma
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
2, The Developer shall comply with all applicable provisions of federal, state, a~
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ordinances in effect at the time of building permit issuance.
31 The Developer shall include, as part of the plans submitted for any permit plan
reduced, legible version of the approving resolutions on a 24" x 36" blueline (
Said blueline drawing(s) shall also include a copy of any applicable Coastal Deve
Permit and signed approved site plan.
4. The Developer shall pay the public facilities fee adopted by the City Council on
1987 (amended July 2, 1991) and as amended from time to time, and any deve:
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad M
Code or other ordinance adopted to implement a growth management system or F
and Improvement Plan and to fulfill the subdivider's agreement to pay the public f
fee dated December 23, 1997, a copy of which is on file with the City Clerl
incorporated by this reference. If the fees are not paid, this application will
consistent with the General Plan and approval for this project will be void.
5. The final map shall not be approved unless the City Council finds as of the time
approval that sewer service is available to serve the subdivision.
6. Building permits will not be issued for development of the subject property un
District Engineer determines that sewer facilities are available at the time of app
for such sewer permits and will continue to be available until time of occupancy.
to this effect shall be placed on the final map.
7. Prior to the approval of a final map or the issuance of any permits the applica
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submit evidence to the City that impacts to school facilities have been miti
conformance with the City’s Growth Management Plan to the extent perm
applicable state law for legislative approvals. If the mitigation involves a f
scheme such as a Mello-Roos Community Facilities District which is inconsist
the City’s Growth Management Plan including City Council Policy Statement Nc
developer shall submit disclosure documents for approval by the City Manager
Attorney which shall disclose to future owners in the project, the maximur
I possible, the existence of the tax and that the school district is the taxing
responsible for the financing district.
, 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. I
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91 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 re I housing project are challenged this approval shall be suspended as pro7
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 wit
~ condition complies with all requirements of law.
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10. Approval of CT 97-24 is granted subject to the approval of the Mitigated ’P
Declaration and Mitigation Monitoring and Reporting Program, ZC 97-08
97-12, SDP 98-05 and CDP 97-58. CT 97-24 is subject to all conditions cont
I Resolutions No. 4330, 4325, 4326, 4328, and 4329 for the Mitigated l’
Declaration and Mitigation Monitoring and Reporting Program, ZC 97-08
97-12, SDP 98-05, and CDP 97-58.
11. The Developer shall proved a minimum of 25 percent of the lots with adequate
area for Recreational Vehicle storage pursuant to City Standards.
12. The developer shall construct a 6’ masonry wall approved by the Planning I
at the rear property line of Lots 1 through 5 and along the side property lint
14 prior to occupancy of any unit.
13.
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Prior to the approval of the final map for any phase of this project, or where a m:
being processed, prior to the issuance of building permits for any lots or u
Developer shall enter into an Affordable Housing Agreement with the City to pro
restrict two second dwelling units on Lots 7 and 8 as affordable to lower
households for the useful life of the dwelling units, and to pay to the City an
equal to .47 times the average subsidy needed to make affordable to a lower
household one newly constructed typical attached housing unit, in accordar
the requirements and process set forth in Chapter 21.85 of the Carlsbad Municip;
The draft Affordable Housing Agreement shall be submitted to the Planning I
The recorded Affordable Housing Agreement shall be binding on all future ow
successors in interest.
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Engineering:
General:
NOTE: Unless specifically stated in the condition, all of the following Eng
conditions, upon the approval of this proposed major subdivision, must be met
approval of a final map.
14. There shall be one final subdivision map recorded for this project. I
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16. The developer shall defend, indemnify and hold harmless the City and its agents,
i and employees from any claim, action or proceeding against the City or its i 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 Cit
1 the time period provided for by Section 66499.37 of the Subdivision Map Act. I
16. Prior to hauling dirt or construction materials to or from any proposed construc
1 within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condit:
requirements the City Engineer may impose with regards to the hauling operation.
17. Rain gutters must be provided on structures located on lots with less than a 5'
from the perimeter of the structure to the lot flowline, in accordance wi
j Standard GS-15, to convey roof drainage to an approved drainage course or stre
1 satisfaction of the City Engineer.
Fkes/Agreements:
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18. The developer shall pay all current fees and deposits required.
19. The owner of the subject property shall execute an agreement holding the City h
' regarding drainage across the adjacent property.
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20. Prior to approval of any grading or building permits for this project, the owner sk
written consent to the annexation of the area shown within the boundaries
subdivision plan into the existing City of Carlsbad Street Lighting and Land
District No. 1 on a form provided by the City.
Grading: -
2 I. Based upon a review of the proposed grading and the grading quantities shown
tentative map, a grading permit for this project is required. The developer must
and receive approval for grading plans in accordance with City codes and standar
to issuance of a building permit for the project.
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Dedications/Improvements:
22. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be re(
the City Engineer.
23. The owner shall make an offer of dedication to the City for all public strl
easements required by these conditions or shown on the tentative map. The offer
~ made by a certificate on the final map for this project. All land so offered
I City. Streets that are already public are not required to be rededicated.
~ granted to the City free and clear of all liens and encumbrances and without cc
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1 2f. Prior to issuance of building permits, the developer shall underground all
overhead utilities along the subdivision boundary. I
2k. Plans, specifications, and supporting documents for all public improvements
i prepared to the satisfaction of the City Engineer. In accordance with City Stand;
, developer shall install, or agree to install and secure with appropriate security as 1
by law, improvements shown on the tentative map and the following improvemen
a. Full width street improvements to Street “A” - “G”.
b. Curb, gutter, sidewalk, paving, and streetlight improvements all
project frontage on Monroe Street in compliance with City loca
standards.
C. Curb, gutter, sidewalk, paving, and streetlight improvements alc
project frontage on Park Drive in compliance with City collecto~
I standards.
A list of the above improvements shall be placed on an additional map sheet on 1
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Impro
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
Final Map Notes:
26. Note(s) to the following effect(s) shall be placed on the final map as non-mapping
“NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches ab
street level may be placed or permitted to encroach within the area identified a:
distance corridor in accordance with City Standard Public Street-Design Criteria,
8.B.3. The underlying property owner shall maintain this condition.”
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Water Conditions:
27. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to in sure that adequate capacity, pressure and flow demanc
met.
28. The Developer shall be responsible for all fees, deposits and charges whicE
collected before ardor at the time of issuance of the building permit. The Sr:
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
29. Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requi
Also obtain G.P.M. demand for domestic and irrigational needs from ap-
parties;
b. Prepare a colored reclaimed water use area map and submit to the
Department for processing and approval; and
c. Prior to the preparation of sewer, water and reclaimed water improvement
meeting must be scheduled with the District Engineer for review, corn
approval of the preliminary system layouts and usages (ie; GPM - EDU).
30. This project is approved upon the express condition that building permits wil
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer permits will COI
be available until time of occupancy. This note shall be placed on the final map.
31. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litil
compel their compliance with said conditions or seek damages for their viola;
vested rights are gained by Developer or a successor in interest by the City’s apy
this Tentative Tract Map, CT 97-24.
Code Reminders:
32. The project is subject to all applicable provisions of local ordinances, including
limited to the following code requirements:
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Fees:
33. The Developer 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.
34. The developer shall exercise special care during the construction phase of this E
prevent offsite siltation. Planting and erosion control shall be provided in acc
with the Carlsbad Municipal Code and the City Engineer.
Final Map Notes:
3b. The Developer shall provide the following note on the final map of the subdivi j final mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code established a Growth Man
Control Point for each General Plan land use designation. Development canno1
the Growth Control Point except as provided by Chapter 21.90 and permitted
The land use designation for this development is 3.4 dwelling units per non-con
acre.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, ded
reservations, or other exactions hereafter collectively referred to for conveni’
“fees/exactions.”
You have 90 days from the date of final Council approval or related applications tc
imposition of these feedexactions. If you protest them, you must follow the protest pl
set forth in Government Code Section 66020(a), and file the protest and any other
information with the City Manager for processing in accordance with Carlsbad Municir
Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal i
attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection v
project; NOR DOES IT APPLY to any feesjexactions of which you have previously bet
a NOTICE similar to this, or as to which the statute of limitations has previously 01
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the F
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Commission of the City of Carlsbad, California, held on the 15th day of July, 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
5 Monroy, Nielsen, and Welshons
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NOES:
ABSENT: Commissioner Savary
ABSTAIN:
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ATTEST:
Planning Director
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