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HomeMy WebLinkAbout1995-04-05; Planning Commission; Resolution 37591 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 I e 0 PLANNING COMMISSION RESOLUTION NO. 3759 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SINGLE FAMILY HOMES ON PROPERTY GENERALLY LOCATED NORTH OF THE BATIQUITOS LAGOON WITHIN MASTER PLAN CASE NAME: POINSETI’IA SHORES - AREA “B-2” CASE NO: CP 94-02 WHEREAS, a verified application has been filed with the City of ( CONDOMINIUM PERMIT, CP 94-02 FOR 16 CLUSTERED PLANNING AREA “B-2.” OF THE POINSETTIA SHORES and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Planc Development as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the E Commission did on 5th day of April, 1995, hold a public hearing on property descr A portion of Lot 79 of Map No. 11616 in the City of Carlsbad, County of San Diego, State of California, as recorded September 12, 1986 as File No. 86-402404, per Certificate of Compliance recorded October 17, 1989 as File No. 89-561703. WHEREAS, at said public hearing, upon hearing and considering all te: and arguments, if any, of all persons desiring to be heard, said Commission consid1 factors relating to CP 94-02. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P 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 P Commission APPROVES Condominium Permit, CP 94-02, based on the fo 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 20 ~ I 0 0 Findings: Condominium Permit I. That the granting of this permit will not adversely affect and will be consisi Chapter 21.45 of Title 21, the General Plan, applicable specific plans, mast1 and all adopted plans of the City and other governmental agencies, in proposed project implements the approved Poinsettia Shores Master : consistent with the provisions, standards and design criteria of the Development Ordinance (Chapter 21.45 of the Municipal Code), the Zone Facilities Management Plan documents including the Zone 9 Finance Plan, West Batiquitos Local Coastal Program as certified by the Coastal Commi 2. That the proposed use at the particular location is necessary and desirable to a service or facility which will contribute to the long-term general well-bein neighborhood and the community, in that buildout of the Master Plan will co to the long term general welfare of the area by providing development consist the City’s General Plan. The project represents a diversified element Poinsettia Shores community. The location for this use is reflected in the General Plan and Master Plan for the site, which was amended and appr appropriate action of the City Council in 1994 at duly noticed public hearin, Plan is divided into residential planning areas and open space areas, Condominium Permit for Planning Area “B-2” accurately and properly imp the approved Master Plan. 3. That such use will not be detrimental to the health, safety, or general we persons residing or working in the vicinity, or injurious to property or improy in the vicinity, since the project is partial buildout of a comprehensive mas1 which will provide major infrastructure and public improvements that will 4 the general welfare of the City. In addition, the project is designed to functia applicable City standards and will be consistent with the City’s General Plr 4. That the proposed Planned Development meets all of the minimum devell standards set forth in Chapter 21.45.090, the design criteria set forth in 21.45.080, and has been designed in accordance with the concepts containec Design Guidelines Manual, in that no deviations or modifications frl development standards of Chapter 21.45 are involved and all design criter been satisfied including: (a) a functional relationship between stn landscaping and open space areas; (b) the provision of adequate usable ope1 street systems, recreational opportunities and adequate resident and guest 1 spaces; (e) compatibility with existing and future permitted land uses wh creating a disruptive element to the community; (d) the provision of an i street system that does not dominant the project’s design or conflict wi recreational areas, trail areas, parking locations or other common areas project; (e) the provision of adequate recreation facilities; and (f) structures t: promote architectural harmony. PC RES0 NO. 3759 -2- 1 2 3 ? 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * e 5. That the proposed project is designed to be sensitive to and blend in with the topography of the site, and maintains and enhances significant natural resol the site, in that the site of the subject planning area has been mass graded no significant natural resources or sensitive topographic considerations are i 6. That the proposed project’s design and density of the developed portion of is compatible with surrounding development and does not create a disharmo disruptive element to the neighborhood, in that all applicable provisi complied with so that no disruptive elements will be created by the build01 Master Plan. 7. That the project’s circulation system is designed to be efficient and well in with the project and does not dominate the project, in that the proposed cir system meets all standards while not dominating the project or adversely in any of the project’s features or amenities. Growth Management 8. The project is consistent with the City-Wide Facilities and Improvements P applicable local facilities management plan, and all City public facility polic ordinances since: a) The project has been conditioned to ensure that building permits wil issued for the project unless the District Engineer determines tha service is available, and building cannot occur within the project unle! service remains available, and the District Engineer is satisfied t requirements of the Public Facilities Element of the General Plan ha met insofar as they apply to sewer service for this project. b) Statutory School fees will be paid, or the obligations of the existing Agreement shall be satisfied, to ensure the availability of school faci the Carlsbad Unified School District. The Carlsbad Unified School and the project applicant, Kaiza Poinsettia Corporation, have signed a Facilities Funding and Mitigation Agreement dated August 29, 1994, that school facilities will be available to this project. c) All necessary public improvements have been provided or are reqr conditions of approval. d) The developer has agreed and is required by the inclusion of an app~ condition to pay a public facilities fee. Performance of that contr payment of the fee will enable this body to find that public facilities available concurrent with need as required by the General Plan. e) Park in lieu fees have already been provided, allowing the appro development of this planning area, PC RES0 NO. 3759 -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 1 I I I I ~ e 0 1 9. The project has been conditioned to pay any increase in public facility fee construction tax, or development fees, and has agreed to abide by any a( requirements established by a Local Facilities Management Plan prepared to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure c8 availability of public facilities and will mitigate any cumulative impacts creatl project. 10. This project has been conditioned to comply with any requirement approve1 of the Local Facilities Management Plan for Zone 9. Proiects exceeding; - the Growth Control Point-(Section 21.90.045): 11. That the project will provide sufficient additional public facilities for the d excess of the control point to ensure that the adequacy of the City’s publi’ plans will not be adversely impacted, in that all infrastructure required to se buildout of the Poinsettia Shores Master Plan, including Area “B-2” h secured. Consistent with the facilities and financing plans for Local I Management Zone 9, all necessary services and facilities will be, or curre. available to serve the proposed development. ~ 12. That there have been sufficient developments approved in the quadrant at ( that approval will not result in exceeding the quadrant limit. The approvi Poinsettia Shores Master Plan considered the southwest quadrant and corres availability of dwelling units for development. Since the proposed PI consistent with the allowed density assigned to the subject planning area I below the control point to offset the units in the project above the control ~ Poinsettia Shores Master Plan, the southwest quadrant limit will not be e;Y 13. That all necessary public facilities required by the Growth Management 01 will be constructed or are guaranteed to be constructed concurrently with tl for them created by this project and in compliance with adopted City stand that the proposed project is in full compliance with the Zone 9 Local F, Management Plan documents and Finance Plan which consider public f requirements for the buildout of the master plan. Major infrastructure h provided and/or secured by the approval of the Poinsettia Shores Master T Map (CT 94-01). Landscaping 14. That the project is consistent with the City’s Landscape Manual, adopted by Council on November 13, 1990. Coastal Zone 15. That the proposed project is consistent with all applicable policies of tk Batiquttos segment of Carlsbad’s Local Coastal Program. PC RES0 NO. 3759 -4- 0 .1) 1 2 Environmental 16. The Planning Commission finds that: 3 4 5 6 7 8 9 10 11 a) the project is a residential project consistent with a Community PI Poinsettia Shores Master Plan) as described in Section 15183 of the Guidelines; b) the project is consistent with the Poinsettia Shores Master Plan; c) there were Mitigated Negative Declarations approved in connection v I prior approval of the Poinsettia Shores Master Plan; d) the project has no new significant environmental effect not anal! significant in the prior Mitigated Negative Declarations; and e) none of the circumstances requiring Subsequent or Supplemental EIE I CEQA Guidelines Sections 15162 or 15163 exist; 12 17. The Planning Commission finds that all feasible mitigation measures or alternatives identified in the Mitigated Negative Declarations which are app~ 13 to this Subsequent Project have been incorporated into this Subsequent Prc 14 15 Developer contained in this resolution, and hereby finds, in this case, tl exactions are imposed to mitigate impacts caused by or reasonably related 16 project, and the extent and degree of the exaction is in rough proportionalig 17 impacts caused by the project. 18 Planning Conditions: 19 Approval 18. The Planning Commission has reviewed each of the exactions imposed 2o 1. 21 22 23 24 25 26 The Planning Commission does hereby recommend approval of the Condo] Permit for the Poinsettia Shores Project entitled “Planning Area B-2”, date 5, 1995, (Exhibits “A” - “K”, dated April 5, 1995, incorporated by this refe subject to the conditions herein set forth. Staff is authorized and directed tl or require the Developer to make all corrections and modifications to the p: exhibits and/or documents, as necessary to make them internally consiste conform to Planning Commission’s final action on the project. Developme1 occur substantially as shown on the approved exhibits. Any proposed develc substantially different from this approval, shall require an amendment approval. Architectural amendments may be processed according architectural amendment process outlined in the master plan (pa 75). 27 2. If any of the foregoing conditions fail to occur, or if they are, by their termr 28 implemented and maintained over time, if any of such conditions fail to )) PC RES0 NO. 3759 -5- I1 0 0 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 implemented and maintained according to their terms, the City shall have tl. to revoke or modi^ all approvals herein granted, deny or further condition i: of all future building permits, deny, revoke or further condition all certific occupancy issued under the authority of approvals herein granted, instih prosecute litigation to compel their compliance with said conditions or seek d, for their violation, No vested rights are gained by Developer or a succe interest by the City’s approval of this Resolution. 3. The Developer shall comply with all applicable provisions of federal, state, an ordinances in effect at the time of building permit issuance. Maps and Exhibits 4. The Developer shall provide the City with a reproducible 24” x 36”, mylar cop! Site Plan as approved by the Planning Commission. The Site Plan shall refl conditions of approval by the City. The Plan copy shall be submitted to tl Engineer and approved prior to building, grading, final map, or improvemej submittal, whichever occurs first. 5. The Developer shall provide the Planning Director with a 500’ scale mylar condominium permit prior to the issuance of grading or building permits, whi occurs first. Said map shall show all lots and streets within and adjacent project. 6. The Developer shall include, as part of the plans submitted for any gem check, a reduced, legible version of the approving resolutions on a 24” x 36” b; drawing. Said blueline drawings shall also include a copy of any applicable ( Development Permit and signed approved site plan. Facilities & Services 7. Building permits will not be issued for development of the subject property the District Engineer determines that sewer facilities are available at the ti application for such sewer permits and will continue to be available until ti occupancy. 8. The Developer shall pay the public facilities fee adopted by the City Council c 28, 1987 (amended July 2, 1991) and as amended fiom time to time, ar development fees established by the City Council pursuant to Chapter 21.90 Carlsbad Municipal Code or other ordinance adopted to implement a b management system or Facilities and Improvement Plan and to fulfill the subdi7 agreement to pay the public facilities fee dated December 9, 1994, a copy of is on file with the City Clerk and is incorporated by this reference. If the fel not paid this application will not be consistent with the General Plan and apl for this project will be void. ~ PC RES0 NO. 3759 -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 e 0 9. Prior to the issuance of any building permits, the developer shall provide to proof of satisfaction of the school facilities mitigation obligation. 10. This project shall comply with all conditions and mitigation measures wl required as part of the Zone 9 Local Facilities Management Plan i amendments made to that Plan prior to the issuance of building permits, in but not limited to the Zone 9 LFMP Amendment (LFMP 87-09(A)) that wa! to the approval of the Poinsettia Shores Master Plan and the Zone 9 Finar as approved on September 6,1994. General Conditions: 11. If any condition for construction of any public improvements or facilities payment of any fees in lieu thereof, imposed by this approval or imposed b~ this residential housing project are challenged this approval shall be suspe provided in Government Code Section 66020. If any such condition is detc to be invalid this approval shall be invalid unless the City Council determines project without the condition complies with all requirements of law. 12. The Developer shall establish a homeowner’s association and cones] covenants, conditions and restrictions. Said CC&Rs shall be submitted approved by the Planning Director prior to issuance of grading permits or E permits, whichever occurs first. The CC&Rs shall, incorporate the followin; (A) No private development shall be permitted within open space areas, a areas or recreational areas. (B) All open space and landscaped areas shall be maintained in a heal1 thriving condition, free from weeds, trash, and debris. (C) A provision stating the City’s right but not obligation to enforce the C (D) Any amendments to the CC&Rs shall be subject to the review and a] of the Planning Director and City Attorney. (E) Guest parking only is allowed on both sides of the 36 foot wide portio1 private street and on the one designated side of the 32 foot wide street. (F) Maintenance and liability of all recreation/common areas including cl facilities such as drainage facilities and devices. (G) Minimum rental time increment of 26 days. (H) The provisions required by Condition Nos. 29,30, and 43 of this resc D..0 PC RES0 NO. 3759 -7- 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Specific Onsite Conditions 13. All visitor parking spaces shall be striped a different color than the assigned r parking spaces and shall be clearly marked as may be approved by the P: Director. 14. An exterior lighting plan including parking areas shall be submitted for P Director approval prior to the approval of any grading or building permi lighting shall be designed to reflect downward and avoid any impacts on a homes or property. 15. Prior to occupancy of the dwelling units within the subject planning area, the plan recreation center (Area M) and recreational vehicle storage area (Area E be completed subject to the provisions contained in Condition #I4 of PI Commission Resolution Number 3747 for SDP 94-03. Landscape 16. The Developer shall prepare a detailed landscape and irrigation plan in confol with the approved Preliminary Landscape Plans (Exhibits “J” - “K”, dated 1 1995), the landscape guidelines of the Poinsettia Shores Master Plan, and thl Landscape Manual. The plans shall be submitted to and approval obtained fr Planning Director prior to the approval of the final map, grading permit, or b permit, whichever occurs first. The Developer shall construct and ins1 landscaping as shown on the approved plans, and maintain all landscapin healthy and thriving condition, free from weeds, trash, and debris. 17. The first submittal of detailed landscape and irrigation plans shall be accom by the project’s building, improvement, and grading plans. 18. All open space areas, slopes and landscaped areas shall be maintained, and li assigned, as outlined on the Landscape Exhibits (“J” - “K) dated April 5, I! 19. Prior to final map approval, a landscape plan shall be prepared which PI additional screening through planting and/or garden walls up to 42” f southwest portion of Planning Area “B-2” emphasizing mature evergreen lands to the satisfaction of the Planning Director. Signs and Identification 20. Building identification and/or addresses shall be placed on all new and e buildings so as to be plainly visible from the street or access road; cc identification and/or addresses shall contrast to their background color. ...I ... O PC RES0 NO. 3759 -8- I II 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 e 0 Miscellaneous Planning Conditions 21. The Developer shall provide bus stops to service this development at locatil with reasonable facilities to the satisfaction of the North County Transit Dist Planning Director and City Engineer. Said facilities, if required, shall at a m include a bench, free from advertising, and a pole for the bus stop sip. Thl and pole shall be designed to enhance or be consistent with the basic archi theme of the Project. 22. This project is being approved as a condominium permit for res homeownership purposes. If any of the units in the project are rented, the m time increment for such rental shall be not less than 26 days. The CC&Rs project shall include this requirement. 23. The Developer shall display a current Zoning and Land Use Map in the salt at all times, or suitable alternative to the satisfaction of the Planning Direc 24. All sales maps that are distributed or made available to the public shall incl not be limited to trails, future and existing schools, parks, and streets. Outside Agency Permits 25. Prior to approval of any grading or building permits for CP 94-02, the De shall receive approval of a Coastal Development Permit issued by the Ca Coastal Commission that substantially conforms to this approval. A signed the Coastal Development Permit must be submitted to the Planning Direct01 approval is substantially different, an amendment to Condominium Permit C shall be required. Affordable Housing 26. Prior to the approval of any grading or building permits, whichever occurs fi Developer shall enter into an Affordable Housing Agreement with the provide and deed restrict 90 dwelling units as affordable to lower-income hou for the useful life of the dwelling units either in Planning Area “D” of the Plan (CT 94-10) or an offkte location to the satisfaction of the Con Development Director, in accordance with the requirements and process set Chapter 21.85 of the Carlsbad Municipal Code and the Poinsettia Shores Plan. The recorded Affordable Housing Agreement shall be binding on al owners and successors in interest. Engineering Conditions: 27. This project is located within the West Batiquitos Lagoon Local Coastal P All development design shall comply with the requirements of that LCP. PC RES0 NO. 3759 -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 e e 28. Unless a standards variance has been issued, no variance from City Stan authorized by virtue of approval of this site map. 29. The applicant shall comply with all the rules, regulations and design require] the respective sewer and water agencies regarding services to the project. 30. The applicant shall be responsible for coordination with S.D.G.&E., Pac Telephone, and Cable TV authorities. 31. The applicant shall provide an acceptable means for maintaining the easements within the subdivision and all the private: streets, sidewalks, strec storm drain facilities and sewer facilities located therein and to distribute t of such maintenance in an equitable manner among the owners of the pr within the subdivision. Adequate provision for such maintenance shall be i with the CC&k subject to the approval of the City Engineer prior to is building permit. 32. All concrete terrace drains shall be maintained by the homeowner's associ on commonly owned property) or the individual property owner (if on an indi owned lot). An appropriately worded statement clearly identifying the respa shall be placed in the CC&Rs. 33. Prior to hauling dirt or construction materials to or from any proposed cons site within this project, the applicant shall submit to and receive approval 6 City Engineer for the proposed haul route. The applicant shall comply ' conditions and requirements the City Engineer may impose with regards hauling operation. 34. Rain gutters must be provided to convey roof drainage to an approved d course or street to the satisfaction of the City Engineer. 35. Additional drainage easements may be required. Drainage structures s provided or installed prior to or concurrent with any grading or building pt may be required by the City Engineer. 36. The applicant shall comply with the City's requirements of the National P Discharge Elimination System (NPDES) permit. The applicant shall prov management practices, as referenced in the "California Storm Watc Management Practice Handbook", to reduce surface pollutants to an acceptat prior to discharge to sensitive areas. Plans for such improvements shall be a1 by the City Engineer prior to approval of the final map, issuance of gra building permit, whichever occurs first. 37. Prior to issuance of any grading or building permit, the design of all private and drainage systems shall be approved by the City Engineer. The structural of all private streets shall conform to City of Carlsbad Standards based on tests. All private streets and drainage systems shall be inspected by the Ci PC RES0 NO. 3759 -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 e 0 standard improvement plan check and inspection fees shall be paid prior issl any building or grading permit for this project. 38. Prior to occupancy of any unit within this project, the public improven Avenida Encinas shown on D-337-9 shall be completed to the satisfaction of Engineer. Fire Conditions: 39. Prior to the issuance of building permits, complete building plans shall be SI. to and approved by the Fire Department. 40. Additional onsite public hydrants may be required. 41. Applicant shall submit a site plan to the Fire Department for approval, whicl location of required, proposed and existing hydrants. 42. Applicant shall submit a site plan to the Fire Department for approval ol driveways and general traffic circulation. 43. An all-weather access road shall serve the project during construction. 44. All required fire hydrants, water mains and appurtenances shall be operatio1 to combustible building materials being located on the project site. 45. All private driveways shall be kept clear of parked vehicles at all times, a1 have posted “No ParkingFire Lane” pursuant to Section 17.04.020, C Municipal Code. This provision shall be incorporated into the project’s C( 46. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing : automatic sprinklers, and other systems pertinent to the project shall be su to the Fire Department for approval prior to construction. 47. Prior to submittal of water improvement plans, the applicant shall submit to Department a map, showing the street network, conforming to the following * 400’ scale * Photo reduction on mylar * At least two existing streets and/or intersections shall be referenced * Maps shall include the following information: map (not a separate vicinity map) Street centerlines Street names Fire hydrant locations. e... PC RES0 NO. 3759 -11- 1 0 e 1 Carlsbad Municipal Water District Conditions: 2 3 4 5 6 7 a 9 10 48. The entire potable water system, reclaimed water system and sewer system evaluated in detail to ensure that adequate capacity, pressure and flow dem; be met. 49. The developer shall be responsible for all fees, deposits and charges whid collected before and/or at the time of issuance of building permit. The Sa County Water Authority capacity charge which will be collected at issr application for meter installation. 50. This project is approved upon the express condition that building permits wi issued for development of the subject property unless the water district ser development determines that adequate water service and sewer facilities are 2 at the time of application for such water service and sewer permits will con be available until time of occupancy. This note shall be placed on the fina 11 Any revisions to the above referenced and approved water systems analysis 12 51. The developer shall adhere to all conditions as set forth in the Water I! approved potable water, sewer and reclaimed systems analysis dated March 2 reviewed and approved by the Water District. 13 14 16 The Project is subject to all applicable provisions of local ordinances, including 15 Code Reminders: limited to the following code requirements: 17 1) Fees: 18 19 52. The Developer shall pay a landscape plan check and inspection fee as req1 Section 20.08.050 of the Carlsbad Municipal Code. 2o ll General: 21 building permit issuance, except as otherwise specifically provide herein. 22 53. Approval of this request shall not excuse compliance with all applicable sec the Zoning Ordinance and all other applicable City ordinances in effect at 23 24 54. The project shall comply with the latest non-residential disabled access requi: 55. The Developer shall submit a street name list consistent with the City’s strer 25 policy subject to the Planning Director’s approval prior to final map appro1 26 pursuant to Title 24 of the State Building Code. 27 .... 28 .... PC RES0 NO. 3759 -12- 1 . b 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 e 0 Landscape: 56. All landscape and irrigation plans shall be prepared to conform with the La Manual and submitted per the landscape plan check procedures on file Planning Department. Engineerins 57. Based upon a review of the proposed grading and the grading quantities sh the site plan, a grading permit for this project is required. Prior to issuan building permit for the project, a grading permit shall be obtained and completed in substantial conformance with the grading plans. 58. The developer shall exercise special care during the construction phase of this to prevent offsite siltation. Planting and erosion control shall be prov accordance with the Carlsbad Municipal Code and the City Engineer. Re Chapter 11.06. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, held on the 5th day of April, 1 the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, A Nielsen, Noble and Savary. NOES: Commissioner Erwin. ABSENT: None. ABSTAIN: None. KIM WhLSHONS, Chairperson CARLSBAD PLANNING COMMISSIO: ATTEST: MICHAEL J. H~LZMKLER Planning Director PC RES0 NO. 3759 -13-