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HomeMy WebLinkAbout2000-10-18; Planning Commission; Resolution 48411 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 21 28 - PLANNING COMMISSION RESOLUTION NO. 4841 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT NUMBER CT 00-05 TO SUBDIVIDE 1.83 ACRES INTO 6 LOTS ON PROPERTY GENERALLY LOCATED NORTH OF MAGNOLIA AVENUE AND WEST OF VALLEY STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MAGNOLIA GARDENS II CASE NO.: CT 00-05 WHEREAS, SILVERGATE FINANCIAL, INC., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by SAM CAITO, “Owner”. described as That portion of Tract 240-5 of Thum lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9,1915. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “D” dated October 18, 2000, on file in the Planning Department MAGNOLIA GARDENS II - CT 00-05, as provided by Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of October 2000, 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 testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. c i 8 s 1c 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 2s B) That based on the evidence presented at the public hearing, the Commission APPROVES MAGNOLIA GARDENS II - CT 00-05, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 governing lot sixes and configuration and have been designed to comply with all other applicable City regulations. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Low to Medium (RLM) development on the General Plan, in that this is the same general plan land use designation as the project site and surrounding development is residential or agriculture. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while providing the required lot area, all required setbacks and improvements mandated by applicable city regulations. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project is designed and conditioned to avoid conflicts with any established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented in an east-west alignment for southern exposure. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that there is no sensitive habitat on the site or offsite which the project will impact. PC RESO NO. 4841 -2- f ; E s 1C 11 12 l? 14 15 16 li 18 19 2c 21 22 23 24 25 26 27 28 9. 10 11. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elmination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated October l&2000 including, but not limited to the following: A. Land Use - The project is consistent with the City’s General Plan since the proposed density of 3.27 dulacre is within the density range of O-4 dulacre specified for the site as indicated on the Land Use Element of the General Plan, and is above the growth control point of 3.2 du/acre. Although the project exceeds the growth control point, it is consistent with the General Plan provision allowing an infill subdivision located in LFMP Zone 1 to exceed the density range and/or Growth Control Point in certain circumstances. Public facilities are adequate in LFMP Zone 1 to accommodate the proposed units and there are excess dwelling units in the northwest quadrant to ensure that the maximum number of dwelling units in the quadrant would not be exceeded. B. Circulation - The circulation system is designed to provide adequate access to the proposed lots, adjacent properties and complies with all applicable City design standards. C. Housing - That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to pay the Affordable Housing In-Lieu fee. D. Public Safety - Required facilities have been conditioned to be constructed or are shown on the project plans. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; tire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. PC RESO NO. 4841 -3- e ; E c 1c 11 12 13 14 15 16 15 18 1S 2c 21 22 23 24 25 26 27 28 12. 13. 14. 15. That the project is not required to provide additional public facilities for the density in excess of the control point to ensure that the adequacy of the City’s public facility plans will not be adversely impacted, in that public facilities are adequate in Zone 1 to accommodate the additional .07 units above the Growth Control Point. That there have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that the project has been designed and conditioned to provide street and drainage improvements consistent with adopted city standards. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise soecitied herein. all conditions shall be satisfied orior to Final Man 1. 2. 3. 4. approval or issuance of a grading permit whichever occurs first. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this tentative map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the tentative map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PC RESO NO. 4841 -4- - L L e i E c 1c 11 12 13 14 15 16 17 18 15 2c 21 22 23 24 25 26 21 28 5. 6. 7. 8. 9. 10. 11. 12. 13. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this tentative map, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. The Developer shall submit to Planning Director a reproducible 24” x 36”, mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in the Planning Commission Resolutions for those other approvals. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on tile in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Mitigated Negative Declaration and Tentative Map by Resolutions No. 4840 and 4841 on PC RESO NO. 4841 -5- - c ; E s 1C 11 12 13 14 15 16 17 18 1S 2c 21 22 23 24 25 26 21 28 14. 15. 16. 17. 18. the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. The Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. The Developer shall implement, or cause the implementation of, the Magnolia Gardens Project Mitigation Monitoring and Reporting Program. The Developer shall submit a plan showing the fence design and proposed location for Planning Director approval prior to grading plan approval. A uniform fence design shall be utilised for all residential lots within the project. The fencing shown on the plan for individual residential lots shall be installed prior to the issuance of an occupancy permit for each respective unit. Prior to the issuance of building permits, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map. General 19. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route. 20. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. 21. There shall be one Final Map recorded for this project. PC RESO NO. 4841 -6- 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 Fees/Agreements: 22. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Geologic Failure Hold Harmless Agreement. 23. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 24. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading 25. 26. 27. Upon completion of grading, Developer shall file an “as-graded” geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map that represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24” x 36” mylar or similar drafting film format suitable for a permanent record. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Dedications/Improvements 28. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. 29. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. PC RESO NO. 4841 -I- 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 30. 31. 32. 33. 34. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, sewer, water, storm drain system, tire hydrants, street lights, and reclaimed water, to City Standards to the satisfaction of the City Engineer. A. Street “B” half street plus 12 feet street improvements. B. Half street improvements at Valley Street. C. Storm drain system from Valley Street to existing storm drain in Street “A”. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision improvement agreement or such other time as provided in said agreement. Developer shall cause Owner to waive direct access rights on the final map for Lot 6 abutting Valley Street. Street “B” shall be dedicated by Owner along the project frontage based on a centerline to right-of-way width of 30 feet and in conformance with City of Carlsbad Standards. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. B. C. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. PC RESO NO. 4841 -8. 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 -. 35. Developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad Standards. 36. Developer shall install wheelchair ramps at the public street comers abutting the subdivision in conformance with City of Carlsbad Standards. Final Man Notes 31. 38. 39. Developer shall show on Final Map the net developable acres for each parcel. Notes to the following effects shall be placed on the map as non-mapping data A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. C. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 40. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 41. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 42. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PC RESO NO. 4841 -9. L c 7 E c 1c 11 12 13 14 15 1t 17 18 1S 2c 21 22 23 24 25 26 27 28 43. 44. 45. 46. The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessml, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4841 -lO- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of October 2000, by the following vote, to wit: AYES: Chairperson Compaq Commissioners Baker, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Heineman ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4841 -ll-