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HomeMy WebLinkAbout2001-01-03; Planning Commission; Resolution 48601 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 PLANNING COMMISSION RESOLUTION NO. 4860 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 00-09 TO SUBDIVIDE 1.38 ACRES INTO 5 LOTS ON PROPERTY GENERALLY LOCATED WEST OF RIDGECREST DRIVE AND EAST OF SEACREST DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CHARLES JACOBS PROPERTY CASE NO.: CT 00-05 WHEREAS, CHARLES JACOBS, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 25 of Seacrest Estates Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3906, Bled in the office of the County Recorder of San Diego County, June 10,195s. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “B” dated November 15, 2000, on file in the Planning Department CHARLES JACOBS PROPERTY - CT 00-09, as provided by Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of November 2000 and on the 3rd day of January 2001, 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. 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 W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CHARLES JACOBS PROPERTY - CT 00-09, based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. 7. 8. 9. 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 sizes 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. 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 lots will have southern exposure for passive heating and all lots will benefit from ocean breezes for cooling. That the Planning Commission has considered, in comection 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. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that lot drainage will PC RESO NO. 4860 -2- 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 .- .- typically filter through the front yard landscape prior to exiting to the storm drain system. 10. 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 November 15,200O 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 3.62 du/acre is within the density range of O-4 du/acre 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. 11. 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. 12. 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 PC RESO NO. 4860 -3- 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. 14. 15. 16. 17. 18. 19. 20. will not be adversely impacted, in that public facilities are adequate in Zone 1 to accommodate the additional .42 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. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that there is sufficient land area to create 5 lots on the site however, there is not adequate street frontage on either Seacrest Drive or Ridgecrest Drive to satisfy the required lot width for three standard lots. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that all adjacent lots are developed and have access to public streets. That the buildable portion of the lot consists of at least 10,600 square feet, which meets the requirements of Section 21.10.080(c) of the Carlsbad Municipal Code That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibit B. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.080(d) of the Carlsbad Municipal Code 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 specified herein, all conditions shall be satisfied prior to Final Map approval or issuance of a grading permit whichever occurs first. 1. 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 PC RESO NO. 4860 -4- 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 2. 3. 4. 5. 6. 7. 8. 9. 10. 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. The Developer 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 Tract Map, and (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 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. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. 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 PC RHO NO. 4860 -5- 4 i f i $ 5 1c 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 17. 18. facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 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 file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. 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 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 utilized for all residential lots within the project. Prior to the issuance of building permits, the applicant shall demonstrate to the satisfaction of the Planning Director that the proposed building plans are architecturally compatible with surrounding development. To ensure such compatibility, proposed building architecture shall incorporate a variety of building masses and roof planes including single-story features. Building architecture, materials and colors shall be varied to be consistent with the “custom home” appearance of the neighborhood. Garages shall be designed to be less prominent to the street than the residences. Prior to the issuance of building permits, the Developer shall pay to the City an inclusionmy 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. PC RESO NO. 4860 -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 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. Prior to occupancy of the future home on Lot 3, the builder shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 22. There shall be one Final Map recorded for this project. Fees/Agreements 23. Developer shall cause Property Owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Ridgecrest Drive and Seacrest Drive along the subdivision frontage. The cost of public improvements shall include but are not limited to: sidewalks, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls, reclaimed water and cost involving formation of the assessment district (the “Improvements”). In said Agreement, the Property Owner shall also approve of and consent to the formation of an assessment district that may be formed by the City Council of the City of Carlsbad for the purpose of financing the construction of the Improvements. 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. 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 building permits, or final map approval, whichever occurs first. PC RESO NO. 4860 -7- 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 26. 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. Dedications/Improvements 27. 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. 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. b. 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. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Final Map Notes 28. Developer shall show on Final Map the net developable acres for each lot. 29. Note to the following effect 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. Water and Sewer 30. The Developer shall install potable water and recycled water services and meters at a location approved by the Deputy City Engineer - Utilities, The locations of said services shall be reflected on public improvement plans. 31. The Developer shall install sewer laterals and clean-outs at a location approved by the Deputy City Engineer - Utilities. The locations of sewer laterals shall be reflected on public improvement plans. PC RESO NO. 4860 -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 32. 33. 34. - This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the Deputy City Engineer - Utilities has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieao County Water Authoritv canacitv charge prior to issuance of Building Permits. Prior to issuance of building permits or final map approval, whichever is first, Developer shall apply for and receive approval for a construction revision to an Improvement Plan(s) for Ridgecrest Drive and Seacrest Drive reflecting the proposed sewer and water laterals required to serve this project. Said construction revision shall be prepared to the satisfaction of the Deputy City Engineer - Utilities. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 35. 36. 37. 38. 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. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 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 tile 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. PC RESO NO. 4860 -9. 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of January 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman, L’Heureux, and Trigas NOES: Commissioner Nielsen ABSENT: ABSTAIN: ---+ / JEFFSSEGALL, Cl&&son CARLSBkD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4860 -10.