HomeMy WebLinkAbout1999-05-05; Planning Commission; Resolution 45341
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PLANNING COMMISSION RESOLUTION NO. 4534
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
SUBDIVIDE 10.05 ACRES INTO 32 LOTS ON PROPERTY
GENERALLY LOCATED WEST OF BLACK RAIL ROAD
AND NORTH OF AVIARA PARKWAY IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: CARNATION PROPERTY
CASE NO. : CT 98-1 8
TENTATIVE TRACT MAP NUMBER CT 98-18 TO
WHEREAS, Spectrum Communities L.L.C., “Developer”, ha:
verified application with the City of Carlsbad regarding property owned by Ca
Properties, “Owner”, described as
The southeast quarter of the southeast quarter of the southwest
quarter of section 22, township 12 south, range 4 west, San
Bernardino Base and meridian, in the City of Carlsbad,
County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentati
Map as shown on Exhibits “A” - “F” dated May 5, 1999, on file in the Planning De
CARNATION PROPERTIES CT 98-18, as provided by Chapter 20.16 of the
Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of May 199’
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 :
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 CARNATION PROPERTY CT 98-18, based on the f
findings and subject to the following conditions:
FindinEs:
1. That the proposed map and the proposed design and improvement of the subdi
condition, 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
subdivision is proposed in an area designated for residential development
not exposed to hazardous land uses.
2. That the proposed project is compatible with the surrounding future land u
surrounding properties are designated for residential development on the Generl
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 proposal of 32 single family residential units on 10 acres
allowed growth management control point of 3.2 dwelling units per acre an1
lots are proposed with lot areas that meet or exceed the minimum requir,
7,500 square feet.
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 acquire
public at large, for access through or use of property within the proposed subdi
that dedications for Black Rail Road have been included as conditions of I
and the project does not otherwise propose building encroachment j
easement.
5. That the property is not subject to a contract entered into pursuant to 1
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future F
natural heating or cooling opportunities in the subdivision, in that the geoz
disposition of the project site will allow for the design of structures to in
passive heating and cooling systems.
7. That the Planning Commission has considered, in connection with the housing
by this subdivision, the housing needs of the region, and balanced those hous
against the public service needs of the City and available fiscal and envir
resources.
8. That the design of the subdivision and improvements are not likely to cause s
environmental damage nor substantially and avoidably injure fish or wildlifi
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habitat, in that there is no known significant flora or fauna onsite which
disturbed by the subdivision and/or improvements.
9. That the discharge of waste from the subdivision will not result in violation o
California Regional Water Quality Control Board requirements, in that the prt
been conditioned to comply with the requirements of the National 1
Discharge Elimination System (NPDES).
10. The Planning Commission finds that the project, as conditioned herein for C
Property, is in conformance with the Elements of the City's General Plan, bas1
following:
A. Land Use: The project site is designated for single family re
development.
B. The project is consistent with the City's General Plan since the proposec
of 3.2 du/acre is within the density range of 0-4 ddacre specified for tl
indicated on the Land Use Element of the General Plan, and is at or b
growth control point of 3.2.
C. Circulation: The project will take access off of a dedicated public 1
which is Black Rail Road.
D. Noise: The project will not generate excessive noise nor will it be sb
noise levels greater than allowed by the General Plan.
E. Housing: The project will satisfy its inclusionary housing requi
through the purchase of housing credits in Villa Loma.
F. That the project is consistent with the Housing Element of the General :
the Inclusionary Housing Ordinance as the Developer has been condit
enter into an Affordable Housing Agreement to provide and deed r
dwelling units as affordable to lower-income households.
G. Open Space and Conservation: The project design does not
encroachment into any areas of General Plan designated Open Space.
H. Public Safety: The site is safely within the limits recognized
availability of public safety services .
I. Parks and Recreation: The project will pay a contribution tow:
provision of parks through a Park-in-Lieu fee.
11. 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:
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A. The project has been conditioned to ensure that building pennits will not b
for the project unless the District Engineer determines that sewer se 11 PC RES0 NO. 4534 -3-
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available, and building cannot occur within the project unless sewe
remains available, and the District Engineer is satisfied that the requirt
the Public Facilities Element of the General Plan have been met insof:
apply to sewer service for this project.
B. The project has been conditioned to provide proof from the Carlsbac
School District that the project has satisfied its obligation for school faci
C. Park-in-lieu fees are required as a condition of a?proval.
D. All necessary public improvements have been provided or are rec
conditions of approval.
12. The developer has agreed and is required by the inclusion of an appropriate co:
pay a public facilities fee. Performance of that contract an3 payment of the
enable this body to find that public facilities will be available concurrent wit1
required by the General Plan.
13. The project has been conditioned to pay any increase in public fxility fee
construction tax, or development fees, and has agreed to abide by any 2
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 20.
15. 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 1
no major offsite public facilities required for this project however the prc
widen Black Rail Road and provide water, sewer, and storm drain conne
well as contribute toward the provision of public facilities City wide aL
Facilities Management Zone wide through the payment of Public Facilities E
16. That this project could have a potentially significant negative cumulativ
impact on the Palomar Airport Road/ El Camino Real intersection. Howe
project has been conditioned to pay its fair share of the “short-term improvl
thereby guaranteeing implementation of a mitigation measure that red
potential impact to a level of insignificance.
17. The Planning Commission has reviewed each of the exactions imposed on the 1
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 exter
degree of the exaction is in rough proportionality to the impact caused by the pro I
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the Tentative Tract Map document(s) necessary to m;
internally consistent and in conformity with final action on the project. Dev
shall occul substantially as shown in the approved Exhibits. Any proposed dev
different from this approval, shall require an amendment to this approval.
2. 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 prc
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 w
condition complies with all requirements of law.
3. The Developer shall comply with all applicable provisions of federal, state, :
ordinances in effect at the time of building permit issuance. The Developer/Oper
and does hereby agree to indemnify, protect, defend and hold harmless the
Carlsbad, its Council members, officers, employees, agents, and representatives,
against any and all liabilities, losses, damages, demands, claims and costs, includ
costs and attorney’s fees incurred by the City arising, directly or indirectly,
City’s approval and issuance of this Tentative Subdivision Map, (b) City’s ap!
issuance of any permit or action, whether discretionary or non-discretic
connection with the use contemplated herein, and (c) Developer/Operator’s in
and operation of the facility permitted hereby, including without limitation, an
liabilities arising from the emission by the facility of electromagnetic fields
energy waves or emissions.
4. 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 Tentative 1
reflect the conditions of approval by the City. The map copy shall be submitt
City Engineer and approved prior to building, grading, final map, or improver
submittal, whichever occurs first.
5. 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 dram
6. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 20 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits, including, but not limit€
following:
a. Frontage improvements to Black Rail Road.
7. Building permits will not be issued for development of the subject property u
applicable agency determines that sewer and water facilities are available at thl
of occupancy. A note to this effect shall be placed on the final map.
I application for such sewer and water permits and will continue to be available L I
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’ 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/subdivider’s agreement tc
public facilities fee dated January 11, 1999, a copy of which is on file with
Clerk and is incorporated by this reference. If the fees are not paid, this applic;
not be consistent with the General Plan and approval for this project will be void
9. Prior to the issuance of a building permit, the Developer shall provide pro(
Planning Director that this project has satisfied its obligation for school facilities
10. The Developer shall diligently implement, or cause the implementation of, all a]
mitigation measures identified in the Final Program EIR for the Zone 20 Specifj
11. Paleontology:
A. Prior to any grading of the project site, a paleontologist shall be re
perform a walkover survey of the site and to review the grading
determine if the proposed grading will impact fossil resources. A coy
paleontologist’s report shall be provided to the Planning Director prior to
of a grading permit;
B. A qualified paleontologist shall be retained to perform periodic inspectio
site and to salvage exposed fossils. Due to the small nature of some of tl
present in the geologic strata, it may be necessary to collect matrix sar
laboratory processing through fine screens. The paleontologist sh;
periodic reports to the Planning Director during the grading process;
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~ C. The paleontologist shall be allowed to divert or direct grading in the a1
exposed fossil in order to facilitate evaluation and, if necessary, salvage a
D. All fossils collected shall be donated to a public, non-profit institutio
research interest in the materials, such as the San Diego Natural History B
E. Any conflicts regarding the role of the paleontologist and the grading act
the project shall be resolved by the Planning Director and City Engineer.
12. Prior to the approval of the final map for any phase of this project the Develc
enter into an Affordable Housing Agreement with the City to provide and deed
dwelling units as affordable to lower-income households for the useful lif
dwelling units or for purchase affordable housing credits in Villa Lorna il
deed restricting units in accordance with the requirements and process set
Chapter 21.85 of the Carlsbad Municipal Code and the Zone 20 Specific Plan.
Affordable Housing Agreement shall be submitted to the Planning Director no 1
90 days after City Council action on the tentative Map. The recorded A
Housing Agreement shall be binding on all future owners and successors in interc
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13. The Developer shall prepare a detailed landscape and irrigation plan in conform
the approved Preliminary Landscape Plan and the City's Landscape Manual. '
shall be submitted to and approval obtained from the Planning Director pr
approval of the final map, grading permit, or building permit, whichever occurs :
Developer shall construct and install all landscaping as shown on the approved I
maintain all landscaping in a healthy and thving condition, free from weeds, 1
debris
14. The Developer shall provide bus stops to service this development at locations
reasonable facilities to the satisfaction of the North County Transit Districl
Planning Director. Said facilities, if required, shall at a minimum include a bc
from advertising, and a pole for the bus stop sign. The bench and pole shall be
to enhance or consistent with basic architectural theme of the project.
15. The Developer shall display a current Zoning and Land Use Map in the sales of
times, or suitable alternative to the satisfaction of the Planning Director.
16. All sales maps that are distributed or made available to the public shall include 1
limited to trails, future and existing schools, parks and streets.
17. Building permits will not be issued for this project unless the local agency 1
water and sewer services to the project provides written certification to the '
adequate water service and sewer facilities, respectively, are available to the proj
time of the application for the building permit, and that water and sewer cap:
facilities will continue to be available until the time of occupancy.
18. The placement and design of the wall along Black Rail Road shall be reviewed :
the Site Development Plan.
19. Approval of CT 98-18 is granted subject to the approval of ZC 98-11, LCPl
CDP 98-85 and HDP 98-20.
ENGINEERING
NOTE: Unless specifically stated in the condition, all of the following en$
conditions upon the approval of this proposed major subdivision must be met prior to apl
a final map.
20. There shall be one final subdivision map recorded for this project.
21. All concrete terrace drains shall be maintained by the homeowner's associatia
commonly owned property) or the individual property owner (if on an indj
owned lot). A note to this effect shall be placed on the Final Map.
22. 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 its
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
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the time period provided for by Section 66499.37 of the Subdivision Map Act.
23. The developer shall install sight distance corridors at all street intersections in ac
with Engineering Standards and shall record the following statement on t:
mapping sheet of the Final Map (and in the CC&Rs). Lots 1, 11, 12 AND
record specific sight distance deed restrictions to maintain and keep clear
distance corridors shown on the tentative map and also be identified on
map for this project:
A. "NO structure, fence, wall, tree, shrub, sign, or other object over 30 incl
the street level may be placed or permitted to encroach within the area
as a sight distance corridor in accordance with City Standard Public Strel
Criteria, Section 8.B.3. The underlying property owner shall mair
condition."
Fees/Acreements
24. The developer shall pay all current fees and deposits required.
25. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
26. 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.
27. This project is within the Aviara Parkway - Poinsettia Lane Bridge and Thor
Fee District. This project is required to pay a fair share contribution tow
construction of Aviara Parkway-Poinsettia Lane in accordance with the ad(
program.
28. The Developer shall pay their fair share for the "short-term improvement!
El Camino ReaY Palomar Airport Road intersection prior to approval of
map or the issuance of a grading permit, whichever occurs first. The am01
be determined by the methodology ultimately selected by Council, including
limited to, an increase in the city-wide traffic impact fee; an increased or nc
20 LFMP fee; the creation of a fee or assessment district; or incorporatio
Mello-Roos taxing district.
Grading
29. 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 must su
receive approval for grading plans in accordance with city codes and standards
issuance of a building permit for the project.)
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30. Prior to the issuance of a grading permit or building permit, whichever occurz
developer shall submit proof that a Notice of Intention has been submitted to
Water Resources Control Board.
3 1. No grading for private improvements shall occur outside the limits of the st
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 gradin:
easement, or agreement, no grading permit will be issued. In that case the develc
either amend the tentative map or modi& the plans so grading will not occur o
project site in a manner which substantially conforms to the approved tentatik
determined by the City Engineer and Planning Director.
Dedications/Improvements
32. 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.
33. 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 offe
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 c(
City. Streets that are already public are not required to be rededicated.
34. Prior to issuance of building permits, the developer shall underground all
overhead utilities within the subdivision boundary.
35. Direct access rights for all lots abutting Black Rail Road shall be waived on
map. Access rights for all lots that have frontage on two streets (lots l,ll,&
waive access as required and as shown on the tentative map.
36. The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pr0.c
management practices as referenced in the "California Storm Water Best Mar
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 I
Said plans shall include but not be limited to notifying prospective owners and t
the following:
A. All owners and tenants shall coordinate efforts to establish or wc
established disposal programs to remove and properly dispose of tc
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, mc
antifreeze, solvents, paints, paint thinners, wood preservatives, and of
fluids shall not be discharged into any street, public or private, or into sto
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or storm water conveyance systems. Use and disposal of pesticides, fi
herbicides, insecticides, fertilizers and other such chemical treatments :
Federal, State, County and City requirements as prescribed in their 1
containers.
C. Best Management Practices shall be used to eliminate or reduce surface 1
when planning any changes to the landscaping and surface improvement:
37. 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 improveme
A. Black Rail Road shall be widened to collector street standards fc
frontage of this subdivision. Improvements include but are not lir
curb & gutter, sidewalk, AC paving, drainage improvements an
pavement transitions.
B. Sewer, Water and Storm Drain connections off site from this subdi
connect to facilities in Night Shade Road. Connections and imprc
shall include repair and reconstruction of improvements landsc:
facilities damaged through the course of construction.
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. Imprc
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
38. Note(s) to the following effect(s) shall be placed on the final map as non-mappin;
A. No structure, fence, wall, tree, shrub, sign, or other object over 30 inchc
the street level may be placed or permitted to encroach within the area ic
as a sight distance conidor in accordance with City Standard Public Stree
Criteria, Section 8.B.3. The underlying property owner shall main1
condition.
Water District
39. 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 Sa
County Water Authority capacity charge will be collected at issuance of applic:
any meter installation.
40. The Developer shall provide detailed information to the District Engineer regardi~
demand, irrigation demand, fire flow demand in gallons per minute, and projectc
flow in million gallons per day. I
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41. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to insure adequate
pressure and flow demands can be met.
42. 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.
43. 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 Eng
C. Prior to the preparation of sewer, water and recycled water improveme
the Developer shall submit preliminary system layouts to the District En$
review, comment and approval.
44. All potable water and recycled water meters shall be placed within the public
way.
45. No more than 19 homes shall be served on a single potable water distribution
For those locations with more than 19 homes, a looped potable water pipelin
shall be designed.
46. The developer shall provide a public sewer main and a public water mai
northwesterly property boundary from “C” Street within a thirty (30) fc
general utility easement dedicated to the City of Carlsbad. The sewer
designed and constructed at a depth sufficient to accommodate develop
adjacent properties.
47. If any of the foregoing conditions fail to occur; or if they are, by their tern
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 modi@ all approvals herein granted; deny or further condition issuan
fbture building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute 1
to compel their compliance with said conditions or seek damages for their violat
vested rights are gained by Developer or a successor in interest by the City’s apy
this Tentative Tract Map.
Code Reminder
48. The project is subject to all applicable provisions of local ordinances, including
limited to the following:
49. The developer shall exercise special care during the construction phase of this p:
prevent offsite siltation. Planting and erosion control shall be provided in acc
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with the Carlsbad Municipal Code and the City Engineer.
50. Some improvements shown on the tentative map and/or required by these con(
located offsite on property which neither the City nor the owner has sufficie~
interest to permit the improvements to be made without acquisition of title 0:
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Co
51. The tentative map approval shall expire twenty - four (24) months from th
Planing Commission decision for tentative map approval.
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 the date of final approval to protest imposition of these fees/c
If you protest them, you must follow the protest procedure set forth in Government Cod1
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad M.unicipa1 Code Section 3.32.030. Failure 1
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 1
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 5th day of May 199'
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L'Heurc
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN: n COURTNEY E. HEINEMAN, Chairperson
CAFUSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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