HomeMy WebLinkAbout1994-08-17; Planning Commission; Resolution 3702e e
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PLANNING COMMISSION RESOLUTION NO. 3702
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, WXFORNIA, APPROVING A SITE
DEVELOPMENT PLAN FOR THE CONSTRUCTION OF 118
THE AVLARA MASTER PLAN ON PROPERTY GENERALLY
LOCATED SOUTHEAST OF THE ALGA ROAD AND
POINSETTIA LANE INTERSECTION, IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: GREYSTONE RESIDENTIAL, DEVELOPMENT
SINGLE-FAMILY HOMES WITHIN PLANNING AREA 24 OF
CASE NO: SDP 94-05
WHEREAS, a verified application has been filed with the City of Carlsbad an
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 17th day of August, 1994, consider said request on propert
described as:
Units 1 - 4, Lots 1 - 122 of Carlsbad Tract No. CT 90-15,
Aviara Planning Area 24, City of Carlsbad, according to Map
Nos. 12969 - 12972, filed on September 17, 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 testimon!
and arguments, if any, of all persons desiring to be heard, said Commission considered al
factors relating to SDP 94-05.
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 Commissior
APPROVES SDP 94-05, based on the following findings and subject to thc
following conditions:
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Findill=:
1. The proposed Site Development Plan is consistent with the mitigation requiremen
of EIR 83-02(A) and the Mitigated Negative Declaration for CT 90-15 and feasil:
relevant mitigation measures have been incorporated into the Site Developme
Plan. The site planning and construction of the 118 individual homes on alreac
subdivided and graded lots would not create additional significant impacts beyor
what was already discussed and evaluated in the two existing environment
documents. I f5
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2. The proposed single-family homes are setback a minimum of 50 feet from Alj
Road, 28% of the homes are single-story, and the homes incorporate design featur4
such as varying front yard setbacks, enhanced building elevations, and varying 1-01
8 lines, therefore, any subsequent visual impacts from the public roadways a]
reduced to below a level of significance. 9
10 3. The Planning Commission determines that the project is within the scope of EIR 8:
2(A) and the Mitigated Negative Declaration for CT 90-15, on file in the Plannin
associated with the project, therefore, no further environmental review of th 11
project is required. 12
Department, and there are no additional significant adverse environmental impacr
l3 i/ 4. The project is consistent with all City public facility policies and ordinances sinct
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a. 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 District Engineer determines that sewer service is available, and buildin;
cannot occur within the project unless sewer service remains available, an(
the Planning Commission is satisfied that the requirements of the Publi
Facilities Element of the General Plan have been met insofar as they appl
to sewer service for this project.
19 I b. School fees will be paid to ensure the availability of school facilities in thl
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Carlsbad Unified School District, unless said fees are waived by the Carlsbac
Unified School District.
c. All necessary public improvements have been provided or will be required a!
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d. The applicant has agreed and is required by the inclusion of an appropriatt
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payment of the fee will enable this body to find that public facilities will bc
condition to pay a public facilities fee. Performance of that contract ant
family development. The proposed use is consistent with the various elements and 28
scheme or open space boundaries are necessary for the construction of the sin& 27 and environmental settings, since no significant alterations to the approved grading
5. The requested single-family land use is properly related to the site, smundjngs, 26
available concurrent with need as required by the General Plan.
PC RES0 NO. 3702 -2- II
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objectives of the General Plan, as evidenced by the proper residential density, t€
adequate street circulation and parking, and the continued preservation of ti^
open space. The proposed use will not be detrimental to existing uses or to us(
specifically permitted in the area in which the proposed use is to be located becaw
all surrounding uses are the same as the proposed use and all are consistent wii
the Aviara Master Plan and the General Plan. The proposed single-family residenti
land use will not adversely impact the site, surroundings, or trafEic circulation sine
the planning areas were specifically designed for single family development of thi
scale.
6. The site for the intended single family residential uses is adequate in size and SIXIF
to accommodate the uses, as evidenced by the project's conformance with a
applicable development standards and design criteria and the approved grading pla
and tentative map, and the lack of any open space encroachments.
7. All of the yards, setbacks, walls, fences, landscaping, and other features necessu
to adjust the requested single family residential uses to existing or permitted fum
uses in the neighborhood will be provided and maintained, as shown on tE
approved site plan and the project's conformance with all applicable developmer
standards.
8. The street system serving the proposed single family residential uses is adequate t
properly handle all of the avemge daily trips (ADT) generated by the proposed use
since the local streets and Alga Road are designed to handle this level of traffic.
9. The Planning commission approves the request for reduced side yard setbacks 0:
the site plan per Section 21.10.040 of the Carlsbad Municipal Code, based on th
following findings:
a. On all the lots requesting a side yard reduction: (1) the reduced side yar,
is at least 5 feet wide; (2) the opposite side yard is at least 10 feet wide
and (3) the opposite side yard has been increased in width an amount equa
to the reduction.
b. None of the reduced side yard setbacks abut another lot that also has i
reduced side yard. In all cases where side yard reductions are requesta
there is at least 15 feet of building separation between the homes 01
adjoining lots.
c. When the homes are viewed from the street the reduced setback on one sid(
of the lot would not be visually apparent due to the fact that adequatl
building separation would be maintained. Portions of the project site an
graded with stepped building pads containing intervening iill slopes betweer
the pads. A reduction in the side yard setback on the downhill side of tht
building pad would allow the home to be shifted away hm the toe of h
intervening uphill slope, thus, creating more level pad area for lot drainagt
along the side of the home.
PC RES0 NO. 3702 -3-
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Conditions:
1. Approval is granted for SDP 94-05, as shown on Exhibits "A" - "P", dated August 1
1994, incorporated by reference and on file in the Planning Departma
Development shall occur substantially as shown unless otherwise noted in the
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy
the site plan as approved by the Planning Commission. The site plan shall reflc
the conditions of approval by the City. The plan copy shall be submitted to the Cj
Engineer and approved prior to building permit issuance.
3. This project is approved upon the express condition that building permits will n
be issued for development of the subject property unless the District Engine
determines that sewer facilities are available at the time of application for SUI
sewer permits and will continue to be available until time of occupancy.
4. This project is also approved under the express condition that the applicant pay tl
public facilities fee adopted by the City Council on July 28,1987 (amended July
1991) and as amended from time to time, and any development fees established 1
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or 0th
ordinance adopted to implement a growth management system or facilities ar
improvement plan and to fulfill the developer's agreement to pay the public facilitil
fee dated May 27, 1994, a copy of which is on file with the City Clerk and
incorporated by this reference. If the fees are not paid this application will not 1
consistent with the General Plan and approval for this project will be void.
5. The applicant shall provide school fees to mitigate conditions of overcrowding i
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 m
be waived subject to approval of the Carlsbad Unified School District.
6. This project shall comply with all conditions and mitigation measures which mi
be required as part of the Aviara Master Plan, and Zone 19 Local Facilitic
Management Plan and any amendments made to that Plan prior to the issuance t
building permits.
7. 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.
8. This approval shall become null and void if building permits are not issued for th
project within one year from the date of project approval.
9. 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.
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10. The developer shall avoid trees that have invasive root systems, produce excessil
litter and/or are too large relative to the lot size.
11. The applicant shall prepare a detailed landscape and higation plan which shall 1
submitted to and approved by the Planning Director prior to the approval of gradh
or building plans, whichever occurs first.
12. All landscape plans shall be prepared to conform with the Landscape Manual ar
submitted per the landscape plan check procedures on file in the Planni~
Department.
13. The applicant shall pay a landscape plan check and inspection fee as required t
Section 20.08.050 of the Carlsbad Municipal Code.
14. The first set of landscape and irrigation plans submitted shall include building plan
improvement plans and grading plans.
15. All landscape and irrigation plans shall show existing and proposed contours ar
shall match the grading plans in terms of scale and location of improvements.
16. All landscaped areas shall be maintained in a healthy and thriving condition, fir
from weeds, trash, and debris.
17. Building identification and/or addresses shall be placed on all new and exist%
buildings so as to be plainly visible from the street or access road; color 1
identification and/or addresses shall contrast to their background color.
18. Prior to issuance of a building pexmit, the applicant shall receive approval of
Coastal Development Pennit issued by the California Coastal Commission th
substantially conforms to this approval. If the approval is substantially different, :
amendment to the Site Development Plan shall be required.
19. All sales maps that are distributed or made available to the public shall include b
not be limited to trails, future and existing schools, parks, and streets.
20. Prior to the issuance of a building pemit there shall be a Notice of Restrictic
placed on the deed to this property subject to the satisfaction of the Planni~
Director notifying all interested parties and successors in interest that the City
Carlsbad has issued a Site Development Plan by Resolution No. 3702 on the re
property owned by the declarant. Said notice of restriction shall note the proper
description, location of the file containing complete project details and all conditio]
of approval as well as any conditions or restrictions specified for inclusion in tl
notice of restriction. Said deed restriction(s) may be modified or teKninated on
with the approval of the Planning Director, Planning Commission or City Count
of the City of Carlsbad whichever has final decision authority for this project.
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PC RES0 NO. 3702 -5-
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21. All conditions and mitigation measures of Carkbad Tract Map 90-15, Mitigate
Negative Declaration, and EIR 83-02(A), contained in Planning Commissio
Resolution Nos. 3230,3227 and 2592 are incorporated herein by reference.
22. Approval of SDP 94-05 is granted subject to the approval of MP 177(K).
23. Prior to occupanq of individual units, the applicant shall construct soun
attenuation walls, berms, or a combination of both along Alga Road, and provia
mechanical ventilation in homes impacted by traffic noise, per the requirements c
the project's noise study dated May 1994, and on file in the Planning Departmen
Sound attenuation walls along Alga Road shall be compatible with the propose
development and the existing noise/screen walls along Alga Road. The walls sha
not exceed a height of six feet, and in areas were additional height is required, th
walls shall incorporate benning.
24. Prior to the issuance of a building permit there shall be Notices of Restriction place
on the deed to Lots No. 110 - 113, subject to the satisfaction of the Plannin
Director n0-g all interested parties and successors in interest that these lots a
located adjacent to the future alignment of Poinsettia Lane, a planned major art&
roadway. Said notices of restriction may be modified or terminated only with th
approval of the Planning Director, Planning Commission or City Council of the Cit
of Carlsbad whichever has final decision authority for this project.
25. The applicant shall submit a wall and fencing plan subject to Planning Departmen
approval prior to issuance of building permits.
26. In the event that the Vias of El Camino Real affordable housing project does nc
come to fi-uition or Aviara Land Associates, Limited Partnership does nc
satisfactorily fulfill the requirements of the Aviara Master Plan Agreement fo
Inclusionary Housing, this project shall be subject to the payment of Inclusionar;
Housing Impact Fees in order to be consistent with the Housing Ezement of th(
City's General Plan.
Enpineerim Conditions:
27. Unless a standards variance has been issued, no variance from City Standards i:
authorized by virtue of approval of this site plan.
28. The applicant shall comply with all the rules, regulations and design requirement:
of the respective sewer and water agencies regarding services to the project.
29. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
30. Prior to grading and building permit issuance the applicant shall pay all current fees
and deposits required.
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31. 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 a
conditions and requirements the City Engineer may impose with regards to tk
hauling operation.
32. The developer shall exercise special care during the construction phase of th
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
Commission of the City of Carlsbad, California, held on the 17th day of August, 1994, b
the following vote, to wit:
AYES: Chairperson Savary; Commissioners Welsons, Noble, Compa:
and Nielsen.
NOES: Commissioner Monroy.
ABSENT: Commissioner Erwin.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 3702 -7-