HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52271
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
PLANNING COMMISSION RESOLUTION NO. 5227
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ACRES INTO FIVE LOTS ON PROPERTY GENERALLY
LOCATED AT 625 TAMARACK AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: TAMARACK FIVE SUBDIVISION
CASE NO.: CT 01-17
WHEREAS, Newport Hills, Inc., “Developer”/“Owner” has filed a verified
CARLSBAD TRACT NLTMBER CT 0 1 - 17 TO SUBDIVIDE 1.42
application with the City of Carlsbad regarding property described as:
A portion of Tract 232 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 Exhibit “A” dated July 17, 2002, on file in the Planning Department
TAMARACK FIVE SUBDIVISION - CT 01-17, as provided by Chapter 20.12 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of July, 2002, 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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES TAMARACK FIVE SUBDIVISION - CT 01-17, based on the
following findings and subject to the following conditions:
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
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
subdivision design is consistent with the R-1 zone regulations and conditioned to
construct Street “A” to full width right-of-way including curbs, gutters, sidewalks
and street lights and underground utilities in accordance with City standards. The
street system is adequate to handle the project’s vehicular and pedestrian traffic
and accommodate emergency vehicles.
That the proposed project is compatible with the surrounding fbture land uses since
surrounding properties are designated for Residential Low Medium density
development on the General Plan and developed with single-family residences at
similar densities.
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 single family subdivision is within the RLM density range and
the 5 lots comply with all City policies and standards without the need for variances
from development standards.
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 fbture passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
to take advantage of shade or prevailing breezes.
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 all feasible mitigation measures identified in MEIR 93-01 and
mitigation required by the Mitigated Negative Declaration issued for the project
have been incorporated into the project design or required as a condition of
approval.
PC RES0 NO. 5227 -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
9.
10.
11.
12.
13.
14.
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 must
prepare and comply with an approved Storm Water Management Plan.
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 July 17,2002, including but not limited to the following:
A. Land Use - The project is consistent with the City’s General Plan since the
project density of 3.5 du/acre is within the density range of 0 - 4 du/acre
specified for the site as indicated on the General Plan Land Use Map. The
General Plan allows infill subdivisions in LFMP Zone 1 to exceed the density
range and/or GCP up to 25% above the maximum allocation (5 du/acre) in
those cases where the underlying zone would permit a slightly higher yield,
compatibility is ensured, and Growth Management findings can be made.
The proposed subdivision is consistent with surrounding development, public
facilities are adequate in Zone 1 to accommodate the proposed units, and
there are excess units in the northwest quadrant.
B. Circulation - The subdivision is conditioned to improve the street frontage on
Tamarack Avenue and construct Street “A” to full width right-of-way
including curbs, gutters, sidewalks and street lights and to install
underground utilities in accordance with City standards.
C. Housing - The project is conditioned to comply with the Inclusionary
Housing Ordinance through the payment of a housing in-lieu fee.
That the project will provide suficient 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 although the project exceeds the permitted
density by .5 unit, the infill parcel is served with adequate public facilities to serve
the additional density.
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 public
facilities in Zone 1 are adequate to accommodate the proposed units.
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; fire; 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:
PC RES0 NO. 5227 -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
15.
16.
17.
18.
19.
20.
A.
B.
C.
The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
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.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
That the project will provide sufficient additional public facilities for the density in
excess of the growth control point to ensure that the adequacy of the City’s public facility
plans will not be adversely impacted.
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.
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 issuance of
grading permit or approval of final map, 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 Wher 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 Tract Map.
PC RES0 NO. 5227 -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.
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.
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.
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. This obligation survives until all legal proceedings have
been concluded and continues even if the City's approval is not validated.
Developer shall submit to the Engineering Department 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.
At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as
PC RES0 NO. 5227 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11.
12.
13.
14.
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.
This approval is granted subject to the approval of CDP 01-48 and is subject to all
conditions contained in Planning Commission Resolutions No. 5226 and 5228 for those
other approvals and incorporated by reference herein.
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 #1 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
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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.
Prior to the recordation of the final map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property may be
subject to noise impacts from the proposed or existing Transportation Corridor, in a form
meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on
file in the Planning Department).
Engineering Conditions:
General
15.
16.
17.
18.
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.
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.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards. A statement shall be included in the Final Map (see Final
Map Notes) and in the CC&Rs.
The limits of these sight distance corridors shall be reflected on any improvement,
grading, and landscape plans prepared in association with this development.
PC RES0 NO. 5227 -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 and APreements
19.
20.
21.
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.
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.
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.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation an Encroachment Agreement for each of the lots proposing to install a force
main sewer lateral within the street right-of-way.
Grading
23. 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.
Coastal Conditions
24. All grading activities shall be planned in units that can be completed by October 1st.
Grading activities shall be limited to the “dry season”, April 1st to October 1st of each
year. Grading activities may be extended to November 15th upon written approval of the
City Engineer, obtained in advance, and only if all erosion control measures are in place
by October 1st.
Dedications/Improvements
25. Developer shall cause Owner to make an irrevocable offer of dedication to the City
andor 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 map. All land so
offered shall be offered free and clear of all liens and encumbrances and without cost.
Streets that already public are not required to be rededicated.
26. Developer shall cause owner to dedicate a private access easement fiom Street “A” to the
land-locked parcel at the westerly side of the subdivision.
27. 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.
28. 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,
PC RES0 NO. 5227 -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
29.
30.
31.
32.
base, sidewalks, curbs and gutters, medians, signing and striping, traffic control,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water,
fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the
satisfaction of the City Engineer.
1. Street “A” to cul-de-sac street standards.
2. Tamarack Avenue half-street improvements to collector street standards as
necessary.
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 or development
improvement agreement or such other time as provided in said agreement.
A driveway apron shall be constructed to provide access to the land-locked parcel at the
westerly boundary of the subdivision.
Developer shall cause Owner to waive direct access rights on the final map from Lot 1 in
and to Tamarack Avenue.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff fi-om a storm of the same fi-equency and duration under existing developed
conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Prior to the issuance of grading
permit or building permit, whichever occurs first, Developer shall submit for City
approval a “Storm Water Management Plan (SWMP).” The SWMP shall be in
compliance with the NPDES permit requirements and provisions as established by
the San Diego Region of the California Regional Water Quality Control Board and
the City of Carlsbad. The SWMP shall address measures to reduce to the maximum
extent possible storm water pollutant runoff at both construction and post-
construction stages of the project. The SWMP shall:
1. Identify existing and post-development on-site pollutants of concern.
2. Recommend structural and non-structural Best Management Practices (BMPs)
to remove said pollutants.
3. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
4. Ensure long-term maintenance of all post construct BMPs in perpetuity.
5. Incorporate measures to ensure-development runoff rates and velocities from
the site are not increased as a result of the project.
PC RES0 NO. 5227 -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
Water Conditions
33.
34.
35.
36.
37.
38.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20 feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieyo County Water
Authoritv capacitv charne(s) prior to issuance of Building Permits.
The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
Improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water and sewer facilities substantially
as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed
public facilities shall be reflected on public improvement plans.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water and sewer system shall be evaluated in detail to ensure that adequate
capacity, pressure, and flow demands can be met to the satisfaction of the District
Engineer.
Final Map Notes
39. Developer shall show on Final Map the net developable acres for each parcel.
40. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1. Street “A” improvements except force main sewer laterals.
2. - Tamarack Avenue improvements.
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
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 in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition.
PC RES0 NO. 5227 -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
Code Reminders
The project is subjec
the following:
:t to all applicable provisions of local ordinances, including but not limited to
41.
42.
43.
44.
45.
46.
Developer shall provide the following note on the final map of the subdivision and final
mylar of this development submitted to the City:
A. “Chapter 21.90 of the Carlsbad Municipal Code established a Growth
Management Control Point for each General Plan land use designation.
Development cannot exceed the Growth Control Point except as provided by
Chapter 21.90. The land use designation for this development is lUM (0 - 4)
dwelling units per non-constrained acre.
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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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.
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.
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 feedexactions. 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 feedexactions
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 feedexactions of which you have previously been given
PC RES0 NO. 5227 -10-
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
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 17th day of July, 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, White, and Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
1)- ’= SEENA TRIGAS, Chairperson 1
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAELJ. HOK~MIIXER
Planning Director
PC RES0 NO. 5227 -1 1-