HomeMy WebLinkAbout2002-12-04; Planning Commission; Resolution 53171
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. 5317
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 1.13 ACRES INTO FIVE LOTS, INCLUDING TWO
PANHANDLE LOTS, ON PROPERTY GENERALLY LOCATED
AT THE NORTHWEST CORNER OF CHESTNUT AVENUE
AND ADAMS STREET, IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: RIVA GARDENS
CASE NO.: CT 01-12
APPROVAL OF CARLSBAD TRACT NUMBER CT 01-12 TO
WHEREAS, Joseph and Nadja Spano, “Developers/Owners,” has filed a
verified application with the City of Carlsbad regarding property described as
Lots 5 and 6 of the Optimo Tract, according to Map No. 1805,
filed in the Office of the County Recorder on September 4,
1924, in the City of Carlsbad, County of San Diego, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit “A” dated December 4, 2002, on file in the Planning Department
RIVA GARDENS - CT 01-12, as provided by Chapter 20.12 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on the 4th day of December 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.
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
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CT 01-12 - RIVA GARDENS 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 sizes and
configuration, and have been designed to comply with other applicable regulations
including the One-Family Residential (R-1) zoning designation.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for low-medium and medium density residential
development on the General Plan, in that the proposed five-lot single family
subdivision is the same or similar to surrounding development.
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 complying with all development standards and public facilities
requirements.
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 concurrent with the recordation of the final map the developer will vacate and
adjust any easements that conflict with the proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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 are no environmentally sensitive plant or animal species within
the project area.
That the discharge of waste fkom the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project is
conditioned to comply with the City’s National Pollutant Discharge Elimination
System (NPDES) Permit requirements.
PC RES0 NO. 5317 -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. 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 December 4,2002 including, but not limited to the following:
A) The proposed density of 4.41 dwelling units per acre is consistent with the
provisions of the RLM land use designation as contained in Section II.C.l of
the General Plan Land Use Element;
B) The closure of driveways and relinquishment of access rights on Chestnut
Avenue reduces the number of intersections and potential traffic movement
conflicts on the roadway;
C) The project is conditioned to pay the affordable housing in-lieu fee at time of
building permit issuance;
D) The project will provide a six-foot high noise attenuation wall along the
westerly boundary to reduce the noise from the Interstate 5 freeway;
E) The project is conditioned to provide an automatic fire sprinkler system for
the future structure on Lot No. 4 due to the distance from Adams Street.
10. 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 fbnding 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,
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.
11. 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.
12. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
13. That the project will provide sufficient 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 RES0 NO. 5317 -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
14.
15.
16.
17.
18.
19.
21.
22.
23.
will not be adversely impacted, in that the existing public facilities were sized to
accommodate the additional density in excess of the control point because the
surrounding development has not been developed to the Growth Management
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
is conditioned to provide all necessary public improvements, as detailed below.
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 the depth and configuration of the existing
lots, and the relinquishment of access to Chestnut Avenue, do not allow the
necessary access to the northwestern and central portions of the property.
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 the lots to the north are already developed with panhandle lots,
there are no lots to the east or south, and the existing property to the west is too
narrow to accommodate a future panhandle subdivision.
That the buildable portion of the panhandle lots consist of 12,340 square feet and 10,714
square feet, which meet 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 “A,” dated September 18,2002.
That any panhandle lot hereby approved satisfies all the requirements of Section
2 1.1 O.OSO(d) of the Carlsbad Municipal Code.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt fiom the requirement for the
preparation of environmental documents pursuant to Section 15332 - In-Fill Develop-
ment Project of the State CEQA Guidelines. In making this determination, the Planning
Director has found that the exceptions listed in Section 15300.2 of the State CEQA
Guidelines do not apply to this project.
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.
PC RES0 NO. 5317 -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
Conditions:
Note:
1.
2.
3.
4.
5.
6.
7.
8.
Unless otherwise specified herein, all conditions shall be satisfied prior to grading
permit or final map, 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 Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract 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 Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein.
Developer shall submit to Planning 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
PC RES0 NO. 5317 -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
9.
10.
11.
12.
13.
14.
that Plan prior to the issuance of building permits, including, but not limited to the
following:
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 permits;
C) The Public Facility Fee is required to be paid by Council Policy No. 17 and will
be collected prior to issuance of building permit.
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, 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.
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.
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.
Prior to the recordation of the first final tract 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).
The developer shall install a six-foot high solid noise attenuation wall along the
westerly boundary of the subdivision to reduce the noise levels incurred by the
Interstate 5 freeway, in accordance with the applicant submitted noise analysis. The
developer shall construct and/or treat the wall with materials designed to reduce the
noise reflection, to the satisfaction of the Planning Director, concurrent with the
construction of the homes on lots 3 and 4.
Enpineering:
15. Prior to hauling dirt or construction materials to or fkom any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
PC RES0 NO. 5317 -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
16.
17.
18.
19.
20.
21.
22.
23.
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.
There shall be one Final Map recorded for this project.
Developer shall install and maintain sight distance corridors at all street intersections in
accordance with Engineering Standards.
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.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the Tentative Map. The deed restriction document shall be in a
form acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the future public improvement of Adams Street along the
subdivision frontage for a half street width of 30-feet. Public improvements shall include
but are not limited to (paving, base, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, retaining walls, reclaimed water, and assessment district
engineering fees).
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 Owner to execute a covenant of easement for private access,
drainage and sewer purposes as shown on the Tentative Map. The obligation to
execute and record the covenant of easement shall be shown and recording information
called out on the Final Map. Developer shall provide City Engineer with proof of
recordation prior to issuance of building permit.
PC RES0 NO. 53 17 -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
24.
25.
26.
27.
28.
29.
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 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.
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.
Developer shall execute and record 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, 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.
a. Remove driveways and replace curb, gutter and sidewalk along Chestnut
Avenue.
b. Install streetlight along Chestnut Avenue in accordance with City Standards.
c. Install a potable water/fire service along Adams Street to serve Lot 4
d. Install asphalt driveway approaches to serve Lots 1,2,4 and 5 along Adams
Street.
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.
In lieu of preparing public improvement plans, Developer shall prepare and submit a
construction change in accordance with the submittal checklist to the satisfaction of the
City Engineer. Construction change shall include the installation of a streetlight, removal
of driveways, replacement of curb, gutter and sidewalk along Chestnut Avenue and the
installation of a potable water servicehprinkler service along Adams Street.
Developer shall cause Owner to waive direct access rights on the final map for lots 1 and
2 abutting Chestnut Avenue.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. 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.
PC RES0 NO. 53 17 -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
30.
31.
32.
33.
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.
Developer shall show on Final Map the net acres for each parcel.
Notes 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 District Engineer determines that sewer and water facilities are available.
B. Within the sight distance corridor, no structure, fence, wall, tree, shrub, sign, or
other object may be placed or permitted that obstructs corner sight distance
pursuant to Caltrans Standards. Owner shall maintain this condition in perpetuity.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieno County Water
Authority capacity charge(s1 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.
Fire Department:
34. The future residential unit on proposed Lot No. 4 shall be equipped with an automatic fire
sprinkler system designed to meet NFPA 13D.
Code Reminders:
35. 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.
36. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
PC RES0 NO. 5317 -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
37.
38.
39.
40.
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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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.
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 a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
...
...
...
PC RES0 NO. 53 17 -10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
la
19
2c
21
22
23
24
25
2f
2:
22
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of December 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
CARLSBAD PLANNTNG COMMISSION
ATTEST:
MICHAEL J. &Z&LER
Planning Director
PC RES0 NO. 5317 -1 1-