HomeMy WebLinkAbout1999-06-02; Planning Commission; Resolution 45571
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PLANNING COMMISSION RESOLUTION NO. 4557
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ACRES INTO 5 SINGLE FAMILY LOTS ON PROPERTY
GENERALLY LOCATED NORTH OF BUENA VISTA WAY IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: WORTHING SUBDIVISION
CASE NO.: CT 98-16
CARLSBAD TRACT NUMBER CT 98-16 TO SUBDIVIDE 1.51
WHEREAS, Brooks & Pamela Worthing, “Developer” and “
has filed a verified application with the City of Carlsbad regarding property described as
Portions of Lots 3 and 4 of the Wilsonia Tract, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 169, filed in the office of the County
Recorder of San Diego County, August 13,1929.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tental
Map as shown on Exhibit “A” dated June 2, 1999, on file in the Planning Dc
WORTHING SUBDIVISION, CT 98-16, as provided by Title 20 of the Carlsbad 1
Code; and
WHEREAS, the Planning Commission did, on the 2nd day of June, 19!
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testir
arguments, if any, of persons desiring to be heard, said Commission considered s
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.
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B) That based on the evidence presented at the public hearing, the Co
APPROVES WORTHING SUBDIVISION - CT 98-16, based on the
findings and subject to the following conditions:
FindinEs:
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, anc
Subdivision Map Act, and will not cause serious public health problems, ir
subdivision design is consistent with the R-1 zone regulations and condi
construct James Drive and improve Buena Vista Way to full width rig1
including curbs, gutters, sidewalks, street lights, fire hydrants, and undc
utilities in accordance with City standards. The proposed street system is
to handle the projects pedestrian traffic and accommodate emergency vehic
2. That the proposed project is compatible with the surrounding future land u
surrounding properties are also designated for low medium density r(
development on the General Plan and developed with single family resic
similar densities to those proposed by 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 tl
proposed, in that the single family subdivision is within the RLM density r
the 5 lots comply with all City policies and standards without the need for 7
from development standards.
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 the project is designed and conditioned to avoid conflicts with any esi
easements.
5. That the property is not subject to a contract entered into pursuant to
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future I
natural heating or cooling opportunities in the subdivision, in that the 9,000+ sq
lot sizes enable natural heating and cooling opportunities by allowing i
building separation and a variety of building placement alternatives.
7. That the Planning Cornmission 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.
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
habitat, in that all feasible mitigation measures identified in MEIR 9:
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mitigation required by the Mitigated Negative Declaration issued for th
have been incorporated into the project design or required as a con
approval.
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
storm drains are designed in accordance with City standards.
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 folio\;
A. Land Use - The project is consistent with the City’s General Plan
proposed density of 3.3 ddacre is within the density range of 0 - 1
specified for the site as indicated on the Land Use Element of the Gen
The General Plan allows infill subdivisions in LFMP Zone 1 to el
density range and/or GCP up to 25% above the maximum alloc
dwelling units per acre), in those cases where the underlying ZOI
permit a slightly higher yield, compatibility is ensured, and
Management findings can be made. The project exceeds the GC
dwelling unitdacre, however, it is an infill subdivision located in LFF
1 and is within the 0 - 4 RLM density range. Public facilities are adc
LFMP Zone 1 to accommodate the proposed units and there ar
dwelling units in the quadrant to ensure that the maximum nu
dwelling units in the northwest quadrant would not be exceeded at 1
Proposed 9,000+ square foot lot sizes are compatible with the mini
sizes created by minor subdivisions of larger parcels in the surroundi
B. Circulation - The subdivision is conditioned to construct a portion t
Drive and improve the public street frontage of Buena Vista Wa.
width right-of-way including curbs, gutters, sidewalks, street lig
hydrants, and underground utilities in accordance with City standar
proposed street system is adequate to handle the project’s pedestria
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 1
conditioned to pay an Inclusionary housing in-lieu fee.
11. The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan, and all City public facility polj
ordinances since:
A. The project has been conditioned to ensure that the final map will not be 2
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 cam
within the project unless sewer service remains available, and the 1 PC RES0 NO. 4557 -3-
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Engineer is satisfied that the requirements of the Public Facilities Elem
General Plan have been met insofar as they apply to sewer service for thi
B. The project has been conditioned to provide proof from the Carlsbal
School District that the project has satisfied its obligation for school faci
C. Park-in-lieu fees are required as a condition of approval.
D. All necessary public improvements have been provided or are re
conditions of approval.
E. 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
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
12. The project has been conditioned to pay any increase in public facility fec
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.
13. This project has been conditioned to comply with any requirement approved as 1
Local Facilities Management Plan for Zone 1.
14. That the project will provide sufficient additional public facilities for the (
excess of the control point to ensure that the adequacy of the City’s public fac:
will not be adversely impacted, in that public facilities are adequate in 2
accommodate the additional .10 unit above the GCP.
15. That there have been sufficient developments approved in the quadrant at densil
the control point to offset the units in the project above the control point so thx
will not result in exceeding the quadrant limit.
16. That all necessary public facilities required by the Growth Management Ordin
be constructed or are guaranteed to be constructed concurrently with the need
created by this project and in compliance with adopted City standards.
17. That the property cannot be served adequately with a public street without panh
due to unfavorable conditions resulting from the unusual lot configuration, in
portion of the parcel proposed for the panhandle lot is otherwise inaccessibl
18. That subdivision with panhandle lots will not preclude or adversely affect the
provide full public street access to other properties within the same block of tl
property, in that the proposed James Drive extension will provide acce:
remaining parcels to the north of the subject parcel.
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19. That the buildable portion of the lot consists of 9,000 square feet and the panh
satisfies all required development standards as required by Section 21.10.
the Carlsbad Municipal Code.
20. That the front, sides, and rear property lines, for purposes of determining requi~
are as shown on Exhibit “A”, on file in the Planning Department.
21. 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 arc
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
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 occur substantially as shown in the approved Exhibits. Any proposed dev
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar col
Tentative Map as approved by the final decision making body. The Tentat
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.
4. 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 and issuance of this Tentative Tract Map a]
approval or issuance of any permit or action, whether discretionary or non-disci
in connection with the use contemplated herein.
5. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available at the time of ap
for such sewer permits and will continue to be available until time of occupancy
to this effect shall be placed on the final map.
6. 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 September 24, 1998, a copy of which is on file with
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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
7. Prior to the issuance of a building permit, the Developer shall provide pro
Director from the Carlsbad Unified School District that this project has sa1
obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which art
as part of the Zone 1 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
9. This project shall comply with all conditions and mitigation measures which art
as part of the approved Mitigated Negative Declaration as contained in
Commission Resolution No. 4556.
10. The Developer shall provide a minimum of 25 percent of the lots with adequate
area for Recreational Vehicle storage pursuant to City Standards. The CCJ
prohibit the storage of recreational vehicles in the required front yard setback.
11. The Developer shall diligently implement, or cause the implementation of, all r
measures identified in the Final Master EIR 93-01 for the General Plan Updat
found by this resolution to be feasible.
12. The Developer shall implement, or cause the implementation of, the CT 98-1
Mitigation Monitoring and Reporting Program.
13. Prior to the issuance of building permits, or prior to the approval of a final
Developer shall pay to the City an inclusionary housing in-lieu fee as an individl
a per market rate dwelling unit basis. Alternatives to this payment inc
purchase of credits in a combined inclusionary project located in the n
quadrant or the dedication of land or other nonmonetary contribution acce
the City Council.
14. Prior to the approval of the final map or issuance of the grading permit, VI
occurs first, Developer shall submit to the City a Notice of Restriction to be fi
office of the County Recorder, subject to the satisfaction of the Planning
notifying all interested parties and successors in interest that the City of Car
issued a tentative map by Resolution No. 4557 on the real property owne
Developer. Said Notice of Restriction shall note the property description, locat
file containing complete project details and all conditions of approval as we
conditions or restrictions specified for inclusion in the Notice of Restriction, j
notification that James Drive is a temporary cul-de-sac street which will be
further north at some future date. The Planning Director has the authority t
and record an amendment to the notice which modifies or terminates said notice.
15. The panhandle lots shall each have three non-tandem parking spaces with an app
less than twenty-four feet in length with a proper turnaround area to permit
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turnaround for a forward access to the street. Said parking and turnarounc
subject to the approval of the City Engineer.
16. Structures permitted in the access portion of the lots shall be limited to mailbox'
trash enclosures, landscape containers and nameplates. Except for mailt
structures shall not be greater than forty-two inches in height if located within IJ
of the street property line or greater than six feet in height beyond this point.
17. Prior to final map approval, the property owners shall enter into an agreement tl
City or any other public service agency harmless from liability for any damage
2 driveway when being used to perform a public service, subject to Planning Di
City Attorney approval.
18. All lots shall have a minimum depth of ninety feet.
19. The buildable portions of the panhandle lots shall be all portions of the lots
width of greater than thirty-five feet.
20. The front yard of Lot 2 shall be defined as a line that is parallel to and 20' no
southerly property line of Lot 2.
Enyineerin? Conditions
General
NOTE: Unless specifically stated in the condition, all of the following el
conditions upon the approval of this proposed major subdivision must be
to approval of a final map.
21. There shall be one final subdivision map recorded for this project.
22. The developer shall defend, indemnify and hold harmless the City and its agent:
and employees from any claim, action or proceeding against the City or 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 City
time period provided for by Section 66499.37 of the Subdivision Map Act.
23. Prior to hauling dirt or construction materials to or from any proposed constru
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operation
24. The developer shall provide for sight distance corridors at all street intersec
accordance with Engineering Standards and shall record the following statemel
Final Map:
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"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 Stre
Criteria, Section 8.B.3. The underlying property owner shall mail
condition."
FeedAYreements
25. The developer shall pay all current fees and deposits required.
26. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
27. Prior to approval of any grading or building permits for this project, the owner 1
written consent to the annexation of the area shown within the boundaric
subdivision plan into the existing City of Carlsbad Street Lighting and Lar
District No. 1 on a form provided by the City.
28. Prior to approval of the final map, the owner shall post a cash deposit for
of the temporary turnaround and construction of the ultimate curb, gul
sidewalk along the project frontage on James Drive.
29. In accordance with City Council Resolution No. 7720, this project is wI
Buena Vista-Valley Sewer Main, and is subject to a sewer main reimburse:
(line cost fee) of $1,815 for each Equivalent Dwelling Unit (EDU) develop(
benefited area. Prior to issuance of a building permit for each lot, the ow1
pay the $1,815 sewer main reimbursement fee.
Grading
30. Based upon a review of the proposed grading and the grading quantities shorn
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 stan&
to issuance of a building permit for the project.
DedicationsLImwovements
3 1. 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 rec
the City Engineer.
32. The owner shall make an offer of dedication to the City for all public str
easements required by these conditions or shown on the tentative map. The offel
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.
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33. Buena Vista Way shall be dedicated by the owner along the project frontage 1
center line to right-of-way width of 30 feet and in conformance with City of
Standards.
34. Prior to issuance of building permits, the developer shall underground a1
overhead utilities within the subdivision boundary.
35. 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 improvemc
A. Half-street improvements along the project frontage on Buena Vi
including transitions to existing pavement.
B. Half-street improvements plus 12' of pavement along the project frc
James Drive.
A list of the above improvements shall be placed on an additional map sheet or
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Impr,
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
36. The design of improvements for James Drive shall incorporate and
engineering studies addressing the sizing, location, and elevation of sewer a
drain facilities relative to their future northerly upstream connections an1
areas. These studies shall be submitted concurrently with the plancheck an
of improvement plans.
37. The developer shall submit an application and fee for vacation of the existin
wide road easement. Prior to approval of a final map, the vacation shall 1
and acted upon by the City Council.
Final Mar, Notes
38. Notes to the following effect shall be placed on the final map as non-mapping da
a) No structure, fence, wall, tree, shrub, sign, or other object over 30 inches 2
street level may be placed or permitted to encroach within the area identi
sight distance corridor in accordance with City Standard Public Strec
Criteria, Section 8.B.3. The underlying property owner shall maintain this co
b) James Drive is a temporary cul-de-sac street which will be extended
north at some future date.
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Water
39. Building permits will not be issued for this project unless the local agency
water and sewer services to the project provides written certification to the
adequate water service and sewer facilities, respectively, are available to the pro,
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.
General:
40. 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 fwther condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute lit
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 tentative tract map.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not 1
the following:
41. The developer shall exercise special care during the construction phase of this I
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
42. Some improvements shown on the tentative map and/or required by these condi
located offsite on property which neither the City nor the owner has sufficien
interest to permit the improvements to be made without acquisition of title or
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Coc
43. 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.
44. The Developer shall provide the following note on the final map of the subdivi
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 canno
the Growth Control Point except as provided by Chapter 21.90. The land use des
for this development is RLM (0 - 4 dwelling units per non-constrained acre).
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dc
reservations, or other exactions hereafter collectively referred to for conve:
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exa
you protest them, you must follow the protest procedure set forth in Government Coc
66020(a), and file the protest and any other required information with the City M:
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 asidt
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
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 b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of June, 199
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heurc
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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