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Home My WebLink About1994-09-07; Planning Commission; Resolution 3711I/ 0 a 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 3711 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN FOR THE CONSTRUCTION OF 99 SOUTH WITHIN THE AVIARA MASTER PLAN ON PROPERTY GENERALLY LOCATED EAST OF THE BATIQUITOS DRIVE AND KESTREL DRIVE INTERSECTION, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARA PLANNING AREA 26 SOUTH CASE NO: SDP 94-07 SINGLE-FAMILY HOMES WITHIN PLANNING AREA 26 8 referred to the Planning Commission; and 9 WHEREAS, a verified application has been filed with the City of Carlsbad an lo I1 WHEREAS, said verified application constitutes a request for Site Developmen I.1 11 Plan approval as provided by the Aviara Master Plan and Title 21 of the Carlsbad Municipa 12 13 Code; and 14 WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin 15 Commission did, on the 7th day of September, 1994, consider said request on property describe 16 17 18 19 I as: A portion of lot 5 of the City of Carlsbad tract No. 89-37 Aviara Phase 11, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12697, filed in the office of the County Recorder of San Diego County, September 16, 1992; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony an( 21 22 23 arguments, if any, of all persons desiring to be heard, said Commission considered all factor relating to SDP 94-07. 24 (I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio 25 I1 of the City of Carlsbad as follows: 26 II A) That the foregoing recitations are true and correct. 27 28 B) That based on the evidence presented at the public hearing, the Commissio APPROVES the Site Development Plan (SDP 94-07), based on the followin findings and subject to the following conditions: 1 2 3 4 5 6 0 0 Findings: 1. The proposed Site Development Plan is consistent with the mitigation requiremenb of EIR 83-02(A) and the Mitigated Negative Declaration for CT 89-37 and thc appropriate mitigation measures have been incorporated into the Site Developmen Plan. The site planning and construction of the 99 individual homes on alread subdivided lots would not create additional significant impacts beyond what wa already discussed and evaluated in the two existing environmental documents. 2. The proposed single-family homes have varying setbacks from the top of slopes, 1s of the homes are single-story, 24 have greater than minimum frontyard setbacks anc 7 8 the homes incorporate design features such as varying and articulated building elevations and roof lines, therefore, any subsequent visual impacts from the public roadways are reduced to below a level of significance. 9 10 11 12 13 14 15 16 17 18 19 2o I 21 I( 22 23 24 3. The Planning Director has determined that the project is in prior compliance wit1 EIR 83-02(A) and the Mitigated Negative Declaration for CT 89-37 and the Negativc Declaration for CT 90-36, on file in the Planning Department, and there are nc additional significant adverse environmental impacts associated with the project, therefore, no further environmental review of this project is required. 4. The project is consistent with all City public facility policies and ordinances since: a. The Planning Commission has, by inclusion of an appropriate condition to thi: project, ensured building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannol occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element oj the General Plan have been met insofar as they apply to sewer service for thi: project. b. School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District, unless said fees are waived by the Carlsbad Unified School District. c. All necessary public improvements have been provided or will be required as conditions of approval. d. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and paymen1 of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 25 5. The requested single-family land use is properly related to the site, surroundings, 26 and environmental settings, since no significant alterations to the approved grading scheme or open space boundaries are necessary for the construction of the single 27 family development. The proposed use is consistent with the various elements and 28 objectives of the General Plan, as evidenced by the proper residential density, the PC RES0 NO. 371 1 -2- li 0 0 1 2 3 4 5 6 7 8 9 3.0 11 12 13 adequate street circulation and parking, and the continued preservation of nativc open space. The proposed use will not be detrimental to existing uses or to use! specifically permitted in the area in which the proposed use is to be located becausf all surrounding uses are the same as the proposed use and all are consistent with the Aviara Master Plan and the General Plan. The proposed single-family residentia land use will not adversely impact the site, surroundings, or traffic circulation since 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 shap to accommodate the uses, as evidenced by the project's conformance with a1 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 necessay to adjust the requested single family residential uses to existing or permitted future uses in the neighborhood will be provided and maintained, as shown on the approve( site plan and the project's conformance with all applicable development standards 8. The street system serving the proposed single family residential project is adequatc to properly handle all of the 990 average daily trips (ADT) generated by the proposed project since the streets surrounding the development are designed tc handle this level of traffic. ~ I 14 9. The Planning Director has determined that the project is in prior compliance wit1 15 EIR 83-02(A) and the Mitigated Negative Declaration for CT 89-37 and the Negativc Declaration for CT 90-36, on file in the Planning Department, and there are no 16 additional significant adverse environmental impacts associated with the project therefore, no further environmental review of this project is required. 17 18 19 1. Approval is granted for the Site Development Plan (SDP 94-07), as shown on Exhibit "A" - "II", dated September 7, 1994, incorporated by reference and on file in the Plannini these conditions. Conditions: 20 Department. Development shall occur substantially as shown unless otherwise noted il 21 22 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the sit1 plan as approved by the Planning Commission. The site plan shall reflect the condition 23 of approval by the City. The plan copy shall be submitted to the City Engineer anc approved prior to building permit issuance. 24 25 26 issuance. 27 4. This approval shall become null and void if no building permits have been issued for thi 28 3. Approval of this request shall not excuse compliance with all sections of the Zonin: Ordinance and all other applicable City ordinances in effect at time of building permj project within one year from the date of project approval. PC RES0 NO. 371 1 -3- 0 0 // 5. The applicant shall prepare a detailed landscape and irrigation plan which shall be 1 submitted to and approved by the Planning Director prior to the approval of building 2 i/ permits. 3 4 6. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. 7. The applicant shall pay a landscape plan check and inspection fee as required by Sectior 5 20.08.050 of the Carlsbad Municipal Code. ' 7 8. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or 8 addresses shall contrast to their background color. 9. Prior to issuance of a building permit, the applicant shall receive approval of a substantially conforms to this approval. If the approval is substantially different, an amendment to the Site Development Plan shall be required. 9 Coastal Development Permit issued by the California Coastal Commission thal 10 I 'I. 1; 10. All sales maps that are distributed or made available to the public shall include but no1 12 be limited to trails, future and existing schools, parks, and streets. l3 14 1 1. Prior to the issuance of a building permit there shall be a Notice of Restriction placed or the deed to this property subject to the satisfaction of the Planning Director notifying al: interested parties and successors in interest that the City of Carlsbad has issued a Site 15 Development Plan by Resolution No. 371 1 on the real property owned by the declarant. Said notice of restriction shall note the property description, location of the file containing 16 complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the notice of restriction. Said deed restriction(s) 17 may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project. I.8 ~ 19 12. All conditions of Carlsbad Tract Map CT 90-36, and it's Negative Declaration 20 contained in Planning Commission Resolution Nos. 3304 and 3305 as amended bq 21 22 23 13. Approval of SDP 94-07 is subject to City Council approval of three foot sideyard 24 Planning Commission Resolution No. 3705 are incorporated herein by reference. retaining walls within Carlsbad Tract CT 90-36. Engineering Conditions: 14. Unless a standards variance has been issued, no variance from City Standards is 25 I authorized by virtue of approval of this site plan. 26 15. Prior to issuance of a building permit for any buildable lot within the subdivision, the 27 28 property owner shall pay a one-time special development tax in accordance with City Council Resolution No. 91-39. PC RES0 NO. 371 1 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 ~ 2o I a 0 16. Prior to building permit issuance, the applicant shall pay all current fees and deposit: required that are applicable to this project. 17. Prior to hauling dirt or construction materials to or from any proposed construction sitc within this project, the applicant shall submit to and receive approval from the Cit Engineer for the proposed haul route. The applicant shall comply with all conditions anc requirements the City Engineer may impose with regards to the hauling operation. 18. The developer shall exercise special care during the construction phase of this project tc prevent offsite siltation. Planting and erosion control shall be provided in accordanc with the Carlsbad Municipal Code and the City Engineer. Reference Chapter 1 1.06. 19. Prior to building permit issuance the applicant shall have the following Notice a Restriction recorded: Geotechnical Caution: Drainage swales have been constructed a minimum of 3 feet from the edge a foundations and have a minimum 2 percent slope from the edge of footings Retaining walls and single-story structures have been constructed to achieve minimum embedment of 12 inches and for two-story structures 18 inches below th swale flowline elevation. Side yard swales have been constructed with a minimum 1 percent slope to the front yard. These minimums should be maintained by th property owner. 20. Prior to issuing a building permit for any lot within this project, grading an1 improvements for the project shall be completed to the satisfaction of the Cit Engineer. Fire Conditions: 21. Additional on-site public water mains and fire hydrants are required. Prior to th issuance of building permits a plan locating the water mains and the fire hydrant shall be reviewed and approved by the Fire Marshal. i I 21 22 *.** .... 23 .... 24 25 26 27 28 '". PC I .... .... .... RES0 NO. 371 1 -5- I1 e e 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of September, 1994, by tht following vote, to wit: AYES: Chairperson Savary; Commissioners Welshons, Erwin, Compas Monroy and Nielsen. NOES: None. ABSENT: Commissioner Noble. ABSTAIN: None. CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. TOLZ~I~LLER PLANNING DIRECTOR PC RES0 NO. 371 1 -6-