HomeMy WebLinkAbout1994-02-02; Planning Commission; Resolution 3618I 0 0
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PLANNING COMMISSION RESOLUTION NO. 3618
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN FOR THE CONSTRUCTION OF 102
SINGLE FAMILY HOMES WITHIN THE AVIARA MASTER PLAN
ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA
ROAD, ON BOTH THE WEST AND EAST SIDES OF KESTRAL
DRIVE, IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: AVIARA PLANNING AREAS 25 & 26 NORTH
CASE NO: SDP 93-09
WHEREAS, a verified application has been filed with the City of Carlsbad ar
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Tit:
21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin
Commission did, on the 2nd day of February, 1994, consider said request on propert
described as:
Lots 3 and 4 of Carlsbad Tract No. 89-37, Aviara Phase TI, City
of Carlsbad, County of San Diego, according to Map No.
12967, filed on September 16, 1992 in the Office of the
County Recorder, County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all testimoq
and arguments, if any, of all persons desiring to be heard, said Commission considered a:
factors relating to SDP 93-09.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio:
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 CommissioI
APPROVES SDP 93-09, based on the following findings and subject to thc
following conditions:
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Findings:
1. This project will not cause any significant environmental impacts and a Negativ,
Declaration has been issued by the Planning Director on December 23, 1993. I1
approving this Negative Declaration the Planning Commission has considered th
initial study, the staff analysis, all required mitigation measures and any writtel
comments received regarding the significant effects this project could have on th
environment.
2. The project is consistent with all City public facility policies and ordinances since
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The Planning Commission has, by inclusion of an appropriate condition tc
this project, ensured building permits will not be issued for the project unles:
the City Engineer determines that sewer service is available, and buildin1
cannot occur within the project unless sewer service remains available, an(
the Planning Commission is satisfied that the requirements of the Publil
Facilities Element of the General Plan have been met insofar as they appll
to sewer service for this project.
11 b. School fees will be paid to ensure the availability of school facilities in the
12 Carlsbad Unified School District, unless said fees are waived by the Carlsbac
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Unified School District.
c. All necessary public improvements have been provided or will be required a:
conditions of approval.
d. The applicant has agreed and is required by the inclusion of an appropriatf
condition to pay a public facilities fee. Performance of that contract anc
payment of the fee will enable this body to find that public facilities will bf
available concurrent with need as required by the General Plan.
3. The requested single family use is properly related to the site, surroundings, and
environmental settings, since no significant alterations to the approved grading
scheme or open space boundaries are necessary for the construction of the single
family development. The proposed use is consistent with the various elements and
objectives of the General Plan, as evidenced by the proper residential density, the
adequate street circulation and parking, and the continued preservation of native
open space. The proposed use will not be detrimental to existing uses or to uses
specifically permitted in the area in which the proposed use is to be located becausc
all surrounding uses are the same as the proposed use and all are consistent witf
the Aviara Master Plan and the General Plan. The proposed single family residentid
use will not adversely impact the site, surroundings, or traffic circulation since the
planning areas were specifically designed for single family development of this scale.
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4. The site for the intended single family residential uses is adequate in size and shal
applicable development standards and design criteria and all previously approvc
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to adjust the requested single family residential uses to existing or permitted futu 4
grading plans and tentative maps, and the lack of any open space encroachmenl 2
to accommodate the uses, as evidenced by the project's conformance with :
3 5. All of the yards, setbacks, walls, fences, landscaping, and other features necessa
uses in the neighborhood will be provided and maintained, as shown on tl
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~ approved site plan and the project's conformance with all applicable developme1
standards.
6. The street system serving the proposed single family residential uses is adequate 1
properly handle all of the 10,200 average daily trips (ADT) generated by tl
proposed uses since Kestrd Drive and Alga Road are designed to handle this lev
of traffic.
1o I) Conditions:
11 1. Approval is granted for SDP 93-03, as shown on Exhibits "A' - "W", dated Februar
2, 1993, incorporated by reference and on file in the Planning Departmen
conditions.
12 Development shall occur substantially as shown unless otherwise noted in thes
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14 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy c
the site plan as approved by the Planning Commission. The site plan shall reflec
15 the conditions of approval by the City. The plan copy shall be submitted to the Cit
16 I1 Engineer and approved prior to building permit issuance.
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3. This project is approved upon the express condition that building permits will nc
be issued for development of the subject property unless the District Enginee
determines that sewer facilities are available at the time of application for sucl
sewer permits and will continue to be available until time of occupancy.
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4.
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This project is also approved under the express condition that the applicant pay th
public facilities fee adopted by the City Council on July 28, 1987 (amended July 2
1991) and as amended from time to time, and any development fees established b
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othe
ordinance adopted to implement a growth management system or facilities an
improvement plan and to fulfill the subdivider's agreement to pay the publi
facilities fee dated May 4, 1993, a copy of which is on file with the City Clerk an
is incorporated by this reference. If the fees are not paid this application will nc
be consistent with the General Plan and approval €or this project will be void.
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The applicant shall provide school fees to mitigate conditions of overcrowding 2
part of building permit application. These fees shall be based on the fee schedu:
in effect at the time of building permit application. All or a portion of said fees rnz
be waived subject to approval of the Carlsbad Unified School District.
This project shall comply with all conditions and mitigation measures which m;
be required as part of the Zone 19 Local Facilities Management Plan and ar
amendments made to that Plan prior to the issuance of building permits.
Approval of this request shall not excuse compliance with all sections of the Zonir
Ordinance and all other applicable City ordinances in effect at time of buildir
permit issuance.
The developer shall install street trees at the equivalent of 40-foot intervals alor
all public street frontages in conformance with City of Carlsbad standards. TI,
trees shall be of a variety selected from the approved Street Tree List.
The developer shall avoid trees that have invasive root systems, produce excessiv
litter and/or are too large relative to the lot size.
The applicant shall prepare a detailed landscape and irrigation plan which shall b
submitted to and approved by the Planning Director prior to the approval of gradin
or building plans, whichever occurs first.
All landscape plans shall be prepared to conform with the Landscape Manual an
submitted per the landscape plan check procedures on file in the Plannin
Department.
The applicant shall pay a landscape plan check and inspection fee as required b
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plan:
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours anc
shall match the grading plans in terms of scale and location of improvements.
The number of trees in a residential project shall be equal to or greater than thl
number of residential units.
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16. All landscaped areas shall be maintained in a healthy and thriving condition, frel
from weeds, trash, and debris.
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17. Building identification and/or addresses shall be placed on all new and existin
1 buildings so as to be plainly visible from the street or access road; color c
identification and/or addresses shall contrast to their background color. 2
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18. All sales maps that are distributed or made available to the public shall include bL
not be limited to trails, future and existing schools, parks, and streets.
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Enheering Conditions:
19. Unless a standards variance has been issued, no variance from City Standards :
authorized by virtue of approval of this site plan.
20. The driveway widths as shown on this site plan have been specifically approved b
the City Engineer through a standards variance, dated December 16, 1993 and 0:
file in the Planning Department.
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21. The applicant shall comply with all the rules, regulations and design requirement
of the respective sewer and water agencies regarding services to the project.
22. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Be
12 Telephone, and Cable TV authorities.
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23. The applicant shall defend, indemnify and hold hamless the City and its agent:
officers, and employees from any claim, action or proceeding against the City or it.
agents, officers, or employees to attack, set aside, void or null an approval of thc
City, the Planning Commission or City Engineer which has been brought against thc
City within the time period provided for by Section 66499.37 of the SubdivisioI
Map Act.
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24. Prior to issuance of a building permit for any buildable lot within the subdivision
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the property owner shall pay a one-time special development tax in accordance wit1
City Council Resolution No. 91-39.
25. Prior to grading and building permit issuance the applicant shall pay all current fee 20 and deposits required.
21 26. The owner of the subject property shall execute an agreement holding the Cit:
22 harmless regarding drainage across the adjacent property prior to approval of an,
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grading or building permit for this project.
27. Based upon review of the proposed grading quantities shown on the site plan, :
grading pennit for this project is required. Prior to issuance of any building permit:
in substantial conformance with the approved grading plans. If previous gradin1 25 for this project, a grading permit shall be obtained and grading work be complete(
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pennits have been issued for the proposed subdivisions in substantial conformanc
1 with this project, no additional grading pennits are required.
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28. In accordance with City Standards, all lots shall be graded so that all drainage I
intended to capture the reclaimed water drainage being used on the landscape
conducted to the streets and not into drainage courses that cross lot lines and ar
4 slopes.
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29. Prior to hauling dirt or construction materials to or from any proposed constructio
site within this project, the applicant shall submit to and receive approval from th
City Engineer for the proposed haul route. The applicant shall comply with ai
conditions and requirements the City Engineer may impose with regards to th
hauling operation.
30. The developer shall exercise special care during the construction phase of thi
project to prevent offsite siltation. Planting and erosion control shall be provide
in accordance with the Carlsbad Municipal Code and the City Engineer. Referenc
Chapter 11.06.
31. Rain gutters must be provided where positive drainage is less than 5 feet from th
footings for any significant length of the building perimeter to convey roof drainag
to an approved drainage course or street to the satisfaction of the City Engineer.
32. Prior to issuing a building permit on any lot within this project the final map th;
creates that lot shall be recorded. This requires the recording of final maps for C
90-37, Aviara Planning Area 25 and/or CT 90-38, Aviara Planning Area 26 North.
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33. Prior to the issuance of building permits, complete building plans shall be submittec l"
Fire Conditions:
18 to and approved by the Fire Department.
19 34. Additional onsite public hydrants are required.
2o 35. Applicant shall submit a site plan to the Fire Department for approval, which depict
21 location of required, proposed and existing hydrants.
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37. All required fire hydrants, water mains and appurtenances shall be operational prio 23
36. An all-weather access road shall serve the project during construction.
to combustible building materials being located on the project site.
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38. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishin
systems, automatic sprinklers, and other systems pertinent to the project shall b
submitted to the Fire Department for approval prior to construction.
Carlsbad Municipal Water District Conditions:
39. The entire potable and non-potable water system/systems for subject project sha'
be evaluated in detail to ensure that adequate capacity and pressure for domestic
landscaping and fire flow demands are met.
40. The developer will be responsible for all fees and deposits plus the major facilit
charge which will be collected at time of issuance of building permit. The develope
shall pay a San Diego County Water Authority capacity charge which will b
collected at issuance of application for meter installation.
41. Sequentially, the developer's engineer shall do the following:
a. Meet with the City Fire Marshall and establish fire protection requirement:
b. Prepare a colored reclaimed water use area map and submit to the Plannin
Department for processing and approval.
c. Schedule a meeting with the District Engineer for review, comment ant
approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan fo
potable, reclaimed and sewer systems prior to the preparation c
improvement plans. i
42. This project is approved upon the express condition that building permits will no
be issued for development of the subject property unless the water district servin;
the development determines that adequate water and service is available at the tim,
of application for water service and will continue to be available until time o
occupancy.
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RES0 NO. 3618 -7-
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1 I! PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni
ll Commission of the City of Carlsbad, California, held on the 2nd day of February, 1994, 2
3 // the following vote, to wit:
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AYES: Chairperson Savary; Commissioners: Schlehuber, Betz, Nob
Welshons & Hall.
NOES: Commissioner Erwin.
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ABSENT: None.
ABSTAIN: None.
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ATTEST:
PLANNING DIRECTOR
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