HomeMy WebLinkAbout1999-03-03; Planning Commission; Resolution 4485-
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. 4485
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
MASTER TENTATIVE TRACT MAP TO SUBDIVIDE 55.6
ACRES INTO FIVE DEVELOPABLE LOTS ON PROPERTY
LOCATED AT THE NORTHWEST CORNER OF AVENIDA
ENCINAS AND POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: POINSETTIA PROPERTIES MASTER
CASE NO.: CT 97- 10
TENTATIVE MAP
WHEREAS, HSLBP Michan L.P., “Owner” and “Developer”, ha:
verified application with the City of Carlsbad regarding property described as
Portions of the East Half of Section 29 and the west half of Section
28, Township 12 south, Range 4 west, San Bernardino Base and
Meridian, in the City of Carlsbad, County of San Diego.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentat]
Map as shown on Exhibit(s) “A” - “C” dated March 3,1999, on file in the Planning De
POINSETTIA PROPERTIES MASTER TENTATIVE MAP, CT 97-10, as pro
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of March l!
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 a’
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
. e 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
B) That based on the evidence presented at the public hearing, the Co:
APPROVES POINSETTIA PROPERTIES MASTER TENTATIT
CT 97-10, based on the following findings and subject to the
conditions:
Findincs:
1. That the proposed map and the proposed design and improvement of the subd
condition, is consistent with and satisfies all requirements of the General :
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, ir
proposed subdivision will accommodate the allowed densities and deve
outlined in the approved Poinsettia Properties Specific Plan. No dwelling
specific development are proposed with this master tentative map; and
area specific tentative maps will be reviewed subsequent to this master
map approval. The site is physically suitable for the type and dl
development permitted through the Poinsettia Properties Specific Plan (SP
2. 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 subd
that the subdivision has been designed and conditioned such that ther
conflicts with any established easements.
3. That the property is not subject to a contract entered into pursuant to
Conservation Act of 1965 (Williamson Act).
4. The project is consistent with the City-Wide Facilities and Improvements
applicable local facilities management plan, and all City public facility PO
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 tl.
In addition, the project is conditioned such that a note shall be placed 01
map that building permits may not be issued for the project unless tl
Engineer determines that sewer service is available, and building can
within the project unless sewer service remains available, and th
Engineer is satisfied that the requirements of the Public Facilities Elen:
General Plan have been met insofar as they apply to sewer service for th:
B. Statutory School fees will be paid, with subsequent discretionary app
ensure the availability of school facilities in the Carlsbad Unific
District.
C. The developer has agreed and is required by the inclusion of an a
condition to pay a public facilities fee. Performance of that contract anc
PC RES0 NO. 4485 -2-
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
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
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 :
requirements established by a Local Facilities Management Plan prepared pi
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avai
public facilities and will mitigate any cumulative impacts created by the project.
6. This project has been conditioned to comply with any requirement approved as r
Local Facilities Management Plan for Zone 22.
7. That the Planning Director has determined that the project is exempt
requirements of the California Environmental Quality Act (CEQA) per Section
the state CEQA Guidelines and will not have any adverse significant impal
environment.
8. That the property is not subject to a contract entered into pursuant to
Conservation Act of 1965 (Williamson Act).
9. That the design of the subdivision provides, to the extent feasible, for future r
natural heating or cooling opportunities in the subdivision, in that the site plan
for a variety of building placement alternatives, including the adequate st
of the homes, in combination with the proposed variety of model plans
dominate westerly windlsolar radiation patterns, will allow utilization of
heating and cooling opportunities.
10. That the Planning Commission has considered, in connection with the housing
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 envir
resources.
11. 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 project is subject to all applicable mitigation measures
by the Mitigation Monitoring and Reporting Program certified with Final
EIR 96-01 as contained in Planning Commission Resolution No. 4157.
12. That the discharge of waste from the subdivision will not result in violation oi
California Regional Water Quality Control Board requirements, in that the (
requirements of SP 210, City ordinances and standards, the Mello I1 Segme
Local Coastal Program and Best Management Practices for water quality h,
considered and appropriate drainage facilities have been designed as show
project’s exhibits. The project is conditioned to comply with all applicable
Pollution Discharge Elimination System requirements.
PC RES0 NO. 4485 -3-
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
13. That park credits for SP 210 have already been met through an agreement
Occidental Land Company, John D. Lusk & Son, and the City on June
whereby the previous property owner agreed to construct Poinsettia
dedicated park land and received park land credits for 725 units for all
within Specific Plan 210, including the subject parcel.
14. The Planning Commission has reviewed each of the exactions imposed on the I:
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the pro
15. The Planning Commission has reviewed the viewshed analysis submittec
applicant and determined that future development of the subject site will n
significant impacts to ocean horizon views for the traveling public. Ther
views of the ocean horizon across Parcels A and B for the public trav
Interstate 5. The ocean horizon views across Parcel C are of only a 1-:
duration for the public traveling north or south on Interstate 5.
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions upon
of this proposed major subdivision must be met prior to approval of a final map.
1. The project must comply with all mitigation measures required by the h,
Monitoring and Reporting Program certified with Program EIR 96-01 cer
January 27th, 1998.
2. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Tentative Tract Map document(s) necessary to m;
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.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar co:
Tentative Map as approved by the final decision making body. The Tental
shall reflect the conditions of approval by the City. The Map copy shall be sub
the City Engineer and approved prior to building, grading, final map, or imp
plan submittal, whichever occurs first. The Developer shall comply with all a
provisions of federal, state, and local ordinances in effect at the time of buildir
issuance.
4. The Developer shall pay the public facilities fee adopted by the City Council or
1987, (amended July 2, 1991) and as amended from time to time, and any dev
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad n
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider’s agreement to pay tf
facilities fee dated April 8, 1996, a copy of which is on file with the City Cle
PC RES0 NO. 4485 -4-
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
incorporated by this reference. If the fees are not paid, this application wi
consistent with the General Plan and approval for this project will be void.
5. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 22 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
6. Approval of CT 97-10 is granted subject to the approval of CDP 97-16. CT
subject to all conditions contained in Planning Commission Resolution No.
CDP 97-16.
7. 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 r(
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.
8. The Developer shall pay all required agricultural mitigation fees applicabll
planning area prior to each respective future tentative tract map, site devc
plan or grading permit (whichever occurs first) in accordance with the pro!
the Coastal Agriculture Overlay Zone, according to Map X of the Land I:
certified September, 1980 and the Poinsettia Properties Specific Plan.
9. The Developer shall implement new and comply with all applicable IT
measures required by the Mitigation Monitoring and Reporting Program
with Final Program EIR 96-01 as contained in Planning Commission Resoll
4157.
Enpineerin?:
10. There shall be one final subdivision map recorded for this project.
11. 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 CI
the time period provided for by Section 66499.37 of the Subdivision Map Act.
FeedAPreements
12. The developer shall pay all current fees and deposits required.
13. Prior to approval of any grading or building permits for this project, with the (
PC RES0 NO. 4485 -5-
.
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 a
of grading permits for stockpiling purposes as allowed by the Poinsettia PI
Specific Plan, the owner shall give written consent to the annexation of the arc
within the boundaries of the subdivision plan into the existing City of Carlsb
Light and Landscaping District No. 1 on a form provided by the City.
Dedications/Improvements
14. 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.
15. 42 feet of right-of-way for public street and utilities shall be dedicated to the
the owner along the project frontage on Avenida Encinas based on a center line
of-way width of 42 feet and in conformance with City of Carlsbad Standar
Secondary Arterial.
16. Direct access rights for all lots abutting Poinsettia Lane shall be waived on
map.
17. A note to the following effect shall be placed on the final map per the provisi
Sections 66434.2 of the Subdivision Map Act:
With the exception of grading permits for stockpiling purposes as allowe
Poinsettia Properties Specific Plan, no grading or building permits shall t
on Lots 1 through 5 unless subsequent discretionary approvals are grantel
to the granting of a grading permit for stockpiling purposes, the applicr
supply the City with a letter from the U.S. Department of Fish and Game
Fish and Wildlife approving the location of the proposed stockpile.
General:
18. 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 issua~
future building permits; deny, revoke or further condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute
to 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 ap
this Master Tentative Map.
PC RES0 NO. 4485 -6-
c e e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, de(
reservations, or other exactions hereafter collectively referred to for conveni
“fees/exactions.”
You have 90 days from March 3, 1999 to protest imposition of these feedexactions
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/c
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 3rd day of March 199!
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Nielsen,
Savary, and Welshons
NOES:
ABSENT: Commissioner L’Heureux
I CARLSBAD PLANNING COMMISSION
24
25
26
27
28 11 PC RES0 NO. 4485 -7-