HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 44342 (1 0 e
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PLANNING COMMISSION RESOLUTION NO. 4434
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AIRSPACE SUBDIVISION OF AN 11 UNIT CONDOMINIUM
PROJECT LOCATED ON THE EAST SIDE OF ROMERIA
STREET BETWEEN LA COSTA AVENUE AND GIBRALTER
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: MEADOW VIEW TOWNHOMES
CASE NO.: CT 98-08
WHEREAS, Shiu-Kuen Fan, “ Developer”, has filed a verified applicai
the City of Carlsbad regarding property owned by Shiu-Kuen Fan, “Owner”, described i
CAR1;SBAD TRACT NUMBER CT 98-08 TO ALLOW THE
Lots 387 and 388 of La Costa South Unit 5, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 6600 filed in the office of the County
Recorder of San Diego County, March 10,1970.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentati
Map as shown on Exhibit(s) “A” - “F” dated December 2, 1998, on file in the 1
Department (MEADOW VIEW TOWNHOMES - CT 98-08), as provided by Title 2
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Decembe
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
APPROVES MEADOW VIEW TOWNHOMES, CT 98-08 base
following findings and subject to the following conditions:
Findinp:
1. That the proposed map and the proposed design and improvement of the subd
conditioned, is consistent with and satisfies all requirements of the General 1
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
project is consistent with all Title 20 and 21 regulations governing
subdivisions and the design of multi-family condominiums.
2. That the proposed project is compatible with the surrounding existing land u
surrounding properties are also designated for Residential High (RH)
development on the General Plan and are developed with higher density mu1
development similar to the project.
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 all required development standards and design criteria req
the applicable zoning ordinances are incorporated into the project without
for variances from development standards.
4. That the design of the subdivision or the type of improvements will not coni
easements of record or easements established by court judgment, or acquire1
public at large, for access through or use of property within the proposed subdivi:
5. That the property is not subject to a contract entered into pursuant to t
Conservation Act of 1965 (Williamson Act).
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 projec
along with the dominant western wind patternshadiation patterns will allow
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 envirc
resources.
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~ 8. That the design of the subdivision and improvements are not likely to cause su
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that the project site has been previously graded and is surroul
existing development.
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9. That the discharge of waste from the subdivision will not result in violation ol
California Regional Water Quality Control Board requirements, in that the p
served by existing storm drain and sewer collection facilities.
10. The Planning Commission finds that the project, as conditioned herein for CT
in conformance with the Elements of the City’s General Plan, based on the folloa
a. Land Use - The project is consistent with the City’s General Plan since the 1
density of 11 ddacre is within the density range of 15 - 23 ddacre specifie
site as indicated on the Land Use Element of the General Plan, and is at or b
growth control point of 19 du/acre.
b. Circulation - The project is served by an existing fully improved publi
Romeria Street, which operates at acceptable levels. Onsite circulation
of two private driveways which provide access to 11 garages and are des
accordance with City standards.
c. Noise - The project is consistent with the 60 dBA CNEL noise standard.
d. Housing - The project will contribute its 15% inclusionary housing requ
through the purchase of 1.94 credits in the Villa Loma affordable
project.
11. That the project is consistent with the Housing Element of the General in that th
family project contributes to the City’s goal for diverse housing opportun;
the Inclusionary Housing Ordinance as the Developer has been conditioned to e
an Affordable Housing Agreement to purchase 1.94 housing credits in the Vi11
affordable housing project.
12. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan, and all City public facility polic
ordinances since:
~ a. The project has been conditioned to ensure that the final map will not be a
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 cann~
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. Statutory School fees will be paid to ensure the availability of school faci
the Encinitas and San Dieguito Union School Districts.
c. Park-in-lieu fees are required as a condition of approval.
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d. All necessary public improvements have been provided or are rec
conditions of approval.
e. The developer has agreed and is required by the inclusion of an ap
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.
13. 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 a
requirements established by a Local Facilities Management Plan prepared pu
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.
14. This project has been conditioned to comply with any requirement approved as p
Local Facilities Management Plan for Zone 6.
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditic
the approval of this proposed major subdivision must be met prior to appr
final map.
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Tentative Tract Map document(s) necessary to ma
internally consistent and in conformity with final action on the project. Dew
shall occur substantially as shown in the approved Exhibits. Any proposed dew
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
3 The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, ag
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from City’s approval or issuance of any permit or action,
discretionary or non-discretionary, in connection with the use contemplated hereil
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar COF
Tentative Map as approved by the final decision making body. The Tentati
shall reflect the conditions of approval by the City. The Map copy shall be sub1
the City Engineer and approved prior to building, grading, final map, or impr
plan submittal, whichever occurs first.
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5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving (resolution(s) on a 24" x 36" blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Dev
Permit and signed approved site plan.
6. 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.
7. Building permits will not be issued for development of the subject propert
assurances of the availability of sewer facilities have been given by the Leucadia
Water District in writing.
8. 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 devl
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad h
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the developer's agreement to pay the public
fee dated May 5,1998, a copy of which is on file with the City Clerk and is incc
by this reference. If the fees are not paid, this application will not be consistent
General Plan and approval for this project will be void.
9. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The ar
these fees shall be determined by the fee schedule in effect at the time of buildin
application
10. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 6 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits, including, but not limitel
following:
a. Zone 6 Growth Management Fee: $310.00/unit
1 1. 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
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 wil
condition complies with all requirements of law.
12. Approval of CT 98-08 is granted subject to the approval of CP 98-06. CT 1
subject to all conditions contained in Resolution No. 4433 for CP 98-06.
13. The Developer shall establish a homeowner's association and corresponding co
conditions and restrictions. Said CC&Rs shall be submitted to and approvec
Planning Director prior to final map approval. Prior to issuance of a building pe
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Developer shall provide the Planning Department with a recorded copy of th
CC&Rs that have been approved by the Department of Real Estate and the
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, bu
obligation, to enforce those Protective Covenants set forth in this Deck
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easement
event that the Association fails to maintain the “Common Area Lots a
Association’s Easements” as provided in Article , Section -
the City shall have the right, but not the duty, to perform the r
maintenance. If the City elects to perform such maintenance, the City s
written notice to the Association, with a copy thereof to the Owners in thc
setting forth with particularity the maintenance which the City finds to be
and requesting the same be carried out by the Association within a period
(30) days from the giving of such notice. In the event that the Associatio
carry out such maintenance of the Common Area Lots and/or Assc
Easements within the period specified by the City’s notice, the City
entitled to cause such work to be completed and shall be en
reimbursement with respect thereto from the Owners as provided herein.
c. Special Assessments Levied by the City. In the event the City has perfoi
necessary maintenance to either Common Area Lots and/or Association’s Ea
the City shall submit a written invoice to the Association for all costs incurre
City to perform such maintenance of the Common Area Lots and or Asso
Easements. The City shall provide a copy of such invoice to each Ownc
Project, together with a statement that if the Association fails to pay such iE
full within the time specified, the City will pursue collection against the 0
the Project pursuant to the provisions of this Section. Said invoice shall be
payable by the Association within twenty (20) days of receipt by the Associ;
the Association shall fail to pay such invoice in hll within the period s
payment shall be deemed delinquent and shall be subject to a late charge in ar
equal to six percent (6%) of the amount of the invoice. Thereafter the C
pursue collection from the Association by means of any remedies available ;
in equity. Without limiting the generality of the foregoing, in addition to
rights and remedies available to the City, the City may levy a special ass
against the Owners of each Lot in the Project for an equal prorata share of the
plus the late charge. Such special assessment shall constitute a charge on the
shall be a continuing lien upon each Lot against which the special asses:
levied. Each Owner in the Project hereby vests the City with the right and 1
levy such special assessment, to impose a lien upon their respective Lot and
all legal actions and/or to pursue lien foreclosure procedures against any OP
hisher respective Lot for purposes of collecting such special assess]
accordance with the procedures set forth in Article of this Declar
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14. This project is being approved as a condominium permit for residential homeo
purposes. If any of the units in the project are rented, the minimum time incrc
such rental shall be not less than 26 days. The CC&Rs for the project shall inc
requirement.
15. Trash receptacle areas shall be enclosed by a six-foot high masonry wall w
pursuant to City standards. Location of said receptacles shall be approvet
Planning Director. Enclosure shall be of similar colors and/or materials to the 1:
the satisfaction of the Planning Director.
16. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 7
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading pennit, or building permit, whichever occurs fi
Developer shall construct and install all landscaping as shown on the approved pl
maintain all landscaping in a healthy and thriving condition, free from weeds, tr
debris.
17. The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s building, improvement, and grading plans.
18. Building permits will not be issued for this project unless the local agency p
water and sewer services to the project provides written certification to the C
adequate water service and sewer facilities, respectively, are available to the proje
time of the application for the building permit, and that water and sewer capai
facilities will continue to be available until the time of occupancy.
19. Prior to the approval of the final map for any phase of this project, or where a mi
being processed, prior to the issuance of building permits for any lots or UI
Developer shall enter into an Affordable Housing Agreement with the City to p
and deed restrict 1.94 dwelling units in the Villa Loma Apartment project as af
to lower-income households for the useful life of the dwelling units, in accordal.
the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipl
The draft Affordable Housing Agreement shall be submitted to the Planning 1
concurrent with final map submittal. The recorded Affordable Housing Ag
shall be binding on all hture owners and successors in interest.
20. Except for retaining walls approved as part of the residential structures, rt
walls shall not exceed 6’ in height from top of wall to bottom of wall.
21. 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 to
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or further condition all certificates of oc(
issued under the authority of approvals herein granted; institute and prosecute litig
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compel their compliance with said conditions or seek damages for their viol:
vested rights are gained by Developer or a successor in interest by the City's ap
this tentative map and condominium permit.
Eqineeriny:
22. Prior to issuance of any building permit, the developer shall comply T
requirements of the City's anti-graffiti program for wall treatments if and whe
program is formerly established by the City.
23. There shall be one final subdivision map recorded for this project.
24. 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 it
officers, or employees to attack, set aside, void or null an approval of the 1
Planning Commission or City Engineer which has been brought against the Cii
the time period provided for by Section 66499.37 of the Subdivision Map Act.
25. The developer shall provide an acceptable means for maintaining the private el
within the subdivision and all the private: streets, sidewalks, street lights, st01
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties wi
subdivision. Adequate provision for such maintenance shall be included with the
subject to the approval of the City Engineer.
26. All concrete terrace drains shall be maintained by the homeowner's associatic
commonly owned property) or the individual property owner (if on an indj
owned lot). An appropriately worded statement clearly identifying the respc
shall be placed in the CC&Rs (if maintained by the Association) and on the Final
27. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from 1
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
28. Rain gutters must be provided to convey roof drainage to an approved drainage c
street to the satisfaction of the City Engineer.
29. The developer shall install sight distance comdors at all street intersections in acc
with Engineering Standards and shall record the following statement on the FiI
(and in the CC&Rs).
30. "NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches ak
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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FeedAPreements
3 1. The developer shall pay all current fees and deposits required.
32. The owner shall execute a hold harmless agreement for geologic failure.
33. 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.
Grading
34. Based upon a review of the proposed grading and the grading quantities show
tentative map, a grading permit for this project is required. (the developer mu(
and receive approval for grading plans in accordance with city codes and standa
to issuance of a building permit for the project.)
35. No grading for private improvements shall occur outside the limits of the su'c
unless a grading or slope easement or agreement is obtained from the ownel
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 develo:
either amend the tentative map or modi@ the plans so grading will not occur ou
project site in a manner which substantially conforms to the approved tentative
determined by the City Engineer and Planning Director.
Dedications/Improvements
36. Additional drainage easements may be required. Drainage structures shall be pro.
installed prior to or concurrent with any grading or building permit as may be req
the City Engineer.
37. The owner shall make an offer of dedication to the City for all public strc
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
granted to the City free and clear of all liens and encumbrances and without co
City. Streets that are already public are not required to be rededicated.
~ 38. The owner shall grant a covenant of easement for general access, utilities and d
easement as shown on the tentative map. The covenant of easement shall be shc
recording information called out on the final map.
39. The developer shall comply with the City's requirements of the National P
Discharge Elimination System (NPDES) permit. The developer shall provj
management practices as referenced in the "California Storm Water Best Man:
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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 1
Said plans shall include but not be limited to notifying prospective owners and t
the following:
All owners and tenants shall coordinate efforts to establish or work with es
disposal programs to remove and properly dispose of toxic and hazard01
products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, a1
solvents, paints, paint thinners, wood preservatives, and other such fluids shz
discharged into any street, public or private, or into storm drain or stor
conveyance systems. Use and disposal of pesticides, fungicides, he
insecticides, fertilizers and other such chemical treatments shall meet Feder
County and City requirements as prescribed in their respective containers.
40. Best Management Practices shall be used to eliminate or reduce surface pollutaj
planning any changes to the landscaping and surface improvements.
41. Plans, specifications, and supporting documents for all public improvements
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 improvemer
0 The private storm drain system onsite to the approved outlet north of t
driveway on Romeria Street
0 The sewer, water and reclaimed water systems as required by the (
Municipal Water District and as required by Leucadia County Sewer Distr
0 Additional Improvements to Romeria Street along the frontage of this PI
required or darnaged during the development of this project.
42. 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. Impro
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
43. The design of all private streets and drainage systems shall be approved by .
Engineer. The structural section of all private streets shall conform to City of (
Standards based on R-value tests. All private streets and drainage systems I
inspected by the City. The standard improvement plan check and inspection fees
paid prior to approval of the final map for this project.
Final Map Notes
44. Note(s) to the following effect shall be placed on the final map as non-mapping da
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0 All improvements within the boundaries of this subdivision are 1
owned and are to be privately maintained with the exception of:
0 Sewer and Water main lines within the public easements gr
the City or to the appropriate sewer district.
45. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
level may be placed or permitted to encroach within the area identified as a sight
corridor in accordance with City Standard Public Street-Design Criteria, Sectic
The underlying property owner shall maintain this condition.
46. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available.
Water:
47. 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 Sz
County Water Authority capacity charge will be collected at issuance of applic
any meter installation.
48. The Developer shall provide detailed information to the District Engineer regardil
demand, irrigation demand, fire flow demand in gallons per minute, and project6
flow in million gallons per day.
49. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to ensure that adequate (
pressure and flow demands can be met.
50. All District pipelines, pump stations, pressure reducing stations and appur
required for this project by the District shall be within public right-of-way 0.
easements granted to the District or the City of Carlsbad.
51. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requirements
b. Prepare and submit a colored recycled water use area map and submit this m;
Planning Department for processing and approval by the District Engineer.
c. Prior to the preparation of sewer, water and recycled water improvement pl
Developer shall submit preliminary system layouts to the District Engir
review, comment and approval.
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52. The following note shall be placed on the final map. “The project is approved
expressed condition that building permits will not be issued for developme1
subject property unless the District serving the development has adequate P
sewer capacity available at the time development is to occur, and that such F
sewer capacity will continue to be available until time of occupancy.”
53. All potable water and recycled water meters shall be placed within public right ol
Fire:
54. Prior to building occupancy, private roads and driveways which serve as require
for emergency service vehicles shall be posted as fire lanes in accordance
requirements of section 17.04.020 of the Carlsbad Municipal Code.
55. Plans and/or specifications for fire alarm systems and automatic fire sprinkler
shall be submitted to the Fire Department for approval prior to construction.
Code Reminder
56. 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.
57. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed from view and the sound buffered from adjacent properties and SI
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
58. The project is subject to all applicable provisions of local ordinances, including
limited to the following:
The developer shall exercise special care during the construction phase of thi:
to prevent of-site siltation. Planting and erosion control shall be proT
accordance with the Carlsbad Municipal Code and the City Engineer.
The tentative tract map approval shall expire thirty-six (36) months from thc
the City Council Resolution containing the final decision for tentative tr
approval.
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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 December 2, 1998 to protest imposition of these feedexaction
protest them, you must follow the protest procedure set forth in Government Codc
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their 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 I
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 be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the December day of 2nd 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, N
Savary, and Welshons
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
~
I 1 BAILEY NO&, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4434 -13-