HomeMy WebLinkAbout1995-06-21; Planning Commission; Resolution 37790 0
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PLANNING COMMISSION RESOLUTION NO. 3779
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A SITE DEVELOPMENT PLAN TO CONSTRUCT 35
SINGLE FAMILY RESIDENCES ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF
BATIQUITOS DRIVE BETWEEN KESTREL DRIVE AND
BLACKRAIL COURT IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME CANTATA - AVIARA PLANNING
AREA 27
CASE NO: SDP 95-05
WHEREAS, a verified application has been filed with the City of Ci
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided
Aviara Master Plan and Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
Commission did, on the 21st day of June, 1995, consider said request on property de5
as:
Portions of Sections 27 and 34 Township 12 South, Range 4
West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all test
and arguments, if any, of all persons desiring to be heard, said Commission considel
factors relating to SDP 95-05.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1:
Commission of the City of Carlsbad as follows:
~ i A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comm
APPROVES SDP 95-05, based on the following findings and subject
following conditions:
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Findings:
1. The Planning Commission of the City of Carlsbad has reviewed, analy:
considered the Negative Declaration (dated May 10, 1999, the enviro
impacts therein identified for this project and any comments thereon
approving the project. Based on the EL4 Part-I1 and comments therc
Planning Commission finds that there is no substantial evidence the project F
a significant effect on the environment and thereby approves the P
Declaration.
2. The Planning Commission finds that the Negative Declaration (dated May 11
reflects the independent judgment of the Planning Commission of the
Carlsbad.
3. That the requested use is properly related to the site, surroundin
environmental settings, is consistent with the various elements and objective
General Plan, will not be detrimental to existing uses or to uses specifically pe
in the area in which the proposed use is to be located, and will not adverselq
the site, surroundings or traffic circulation, in that (1) no significant altera
the approved grading scheme or open space are necessary for the constructio
single family development; (2) the proposed use is consistent with the Gene]
Residential Low Medium (RLM) Land Use designation and is compatible I
allowable density; (3) as designed adequate street circulation and parking
provided; and, (4) the proposed use will not be detrimental to existing Us8
uses specifically permitted in the area in which the proposed use is located 1
the surrounding uses are similar and are consistent with the Aviara Master P
the General Plan.
4. The site for the intended use is adequate in size and shape to accommodate 1
in that the project conforms with all applicable development standards and
criteria and the approved grading plan and final map.
5. All yards, setbacks, walls, fences, landscaping, and other features necessary tc
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that as designed and conditioned, the project cc
with all applicable development standards.
6. The street systems serving the proposed use are adequate to properly har
traffic generated by the proposed use, in that as designed, the surrounding
can handle all of the 350 average daily trips (ADT) generated by the pr
project.
7. The proposed Site Development Plan for Aviara Planning Area 27 is consiste
the Aviara Master Plan (MP 177(N)).
8. The Planning Commission finds that the project, as conditioned herein for (S
OS), is in conformance with the Elements of the City’s General Plan, based
following:
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a. Land Use - The project is consistent with the City’s General Plan si
proposed density of 2.48 du/acre is within the density range of 0-4
specified for the site as indicated on the Land Use Element of the 4
Plan, and is at or below the growth control point of 3.2 du/acre.
b. Circulation - The proposed access to the site on Batiquitos Drive is co:
with the Aviara Master Plan and Circulation Element.
c. Housing - That the project is consistent with the Housing Elemenl
General Plan and the Inclusionary Housing Ordinance as the Develo
previously entered into an Mordable Housing Agreement to provj
deed restrict 5.25 dwelling units as affordable to lower-income house
9. 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 will
issued for the project unless the District Engineer determines thal
service is available, and building cannot occur within the project unles,
service remains available, and the District Engineer is satisfied tl
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 to ensure the availability of school fa
in the Carlsbad Unified School District, unless said fees are waived
Carlsbad Unified School District;
c) All necessary public improvements have been provided or are requl
conditions of approval; and
d) The developer has agreed and is required by the inclusion of an apprc
condition to pay a public facilities fee. Performance of that contra
payment of the fee will enable this body to find that public facilities \
I available concurrent with need as required by the General Plan.
10. 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 add
requirements established by a Local Facilities Management Plan prepared pu
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure con
availability of public facilities and will mitigate any cumulative impacts created
project.
11. This project has been conditioned to comply with any requirement approved a
of the Local Facilities Management Plan for Zone 19.
12, The project is consistent with the Comprehensive Land Use Plan (CLUP) fi
McClellan-Palomar Airport, dated April, 1994 in that as conditioned the app
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shall record a notice concerning aircraft noise. The project is compatible \
projected noise levels of the CLUP; and, based on the noisefland use comp
matrix of the CLUP, the proposed land use is compatible with the airport.
13. That the project is consistent with the City’s Landscape Manual, adopted
Council by incorporation by reference in Carlsbad Municipal Code Section 14
14. The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, in this case, 1
exactions are imposed to mitigate impacts caused by or reasonably relatec
project, and the extent and the degree of the exaction is in rough proportior
the impact caused by the project.
Conditions:
1. The Planning Commission does hereby approve the Site Development Plan
SDP 95-05 project entitled “Cantata-Aviara Planning Area 27”. (Exhibits “A
on file in the Planning Department and incorporated by this reference, datt
21,1995), subject to the conditions herein set forth. Staff is authorized and c
to make or require the Developer to make all corrections and modification:
Site Development Plan Documents, as necessary to make them internally co
and conform to Planning Commission’s final action on the Project. Devel,
shall occur substantially as shown on the approved exhibits. Any p1
development substantially different from this approval, shall require an ame~
to this approval.
2. The Developer shall provide proof of payment of statutory school fees to n
conditions of overcrowding as part of the building permit application unless
by tRe Carlsbad Unified School District. The amount of these fees SI
determined by the fee schedule in effect at the time of building permit appl:
3. This project shall comply with all conditions and mitigation measures wh
required as part of the Zone 19 Local Facilities Management Plan a:
amendments made to that Plan prior to the issuance of building permits.
4. If any condition for construction of any public improvements or facilities,
payment of any fees in lieu thereof, imposed by this approval or imposed by
this residential housing project are challenged this approval shall be suspen
provided in Government Code Section 66020. If any such condition is dete:
to be invalid this approval shall be invalid unless the City Council determines t
project without the condition complies with all requirements of law.
5. Prior t~ the issuance of Building Permits, the Developer shall submit to the
Notice of Restriction to be filed in the office of the County Recorder, subjecl
satisfaction of the Planning Director, notifying all interested parties and suc
in interest that the City of Carlsbad has issued a Site Development Plan by P1
Commission Resolution No. 3779 on the real property owned by the develope
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Notice of Restriction shall note the property description, location of t
containing complete project details and all conditions of approval as well
conditions or restrictions specified for inclusion in the Notice of Restrictiol
Planning Director has the authority to execute and record an amendment
notice which modifies or terminates said notice upon a showing of good causz
developer or successor in interest.
If any of the foregoing conditions fail to occur, or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have tl
to revoke or modify 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, instit1
prosecute litigation to compel their compliance with said conditions or seek d
for their violation. No vested rights are gained by Developer or a succc
interest by the City’s approval of this Resolution.
No outdoor storage of material shall occur onsite unless required by the Firc
In such instance a storage plan will be submitted for approval by the Fire Cl
the Planning Director.
Building identification and/or addresses shall be placed on all new and
buildings so as to be plainly visible from the street or access road; c
identification and/or addresses shall contrast to their background color.
The Developer shall comply with all applicable provisions of federal, state, a1
ordinances in effect at the time of building permit issuance.
The Developer shall display a current Zoning and Land Use Map in the sale
at all times, or suitable alternative to the satisfaction of the Planning Direc
The Developer shall provide the City with a reproducible 24” x 36”, mylar co~
Site Plan as approved by the Planning Commission. The Site Plan shall ref
conditions of approval by the City. The Plan copy shall be submitted to 1
Engineer and approved prior to building, grading, final map, or improveme
submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any pern
check, a reduced, legible version of the approving resolutions on a 24” x 36” 1
drawing. Said blueline drawing(s) shall also include a copy of any applicable
Development Permit and signed approved site plan.
Building permits will not be issued for development of the subject propeq
the District Engineer determines that sewer facilities are available at the
application for such sewer permits and will continue to be available until
occupancy,
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14. The Developer shall pay the public facilities fee adopted by the City Council (
28, 1987 (amended July 2, 1991) and as amended from time to time, a.
development fees established by the City Council pursuant to Chapter 21.90
Carlsbad Municipal Code or other ordinance adopted to implement a
management system or Facilities and Improvement Plan and to fulfill the subd
agreement to pay the public facilities fee dated April 4, 1995, a copy of whic
file with the City Clerk and is incorporated by this reference. If the fees are n
this application will not be consistent with the General Plan and approval 1
project will be void.
15. The project shall comply with all conditions and mitigation measures whi
required as part of Carlsbad Tentative Tract Map CT 90-34 and its N
Declaration contained in Planning Commission Resolutions 3323 and 3324.
16. Prior to issuance of Building Permits, the Developer shall receive approv
Coastal Development Permit issued by the California Coastal Commissic
substantially conforms to this approval. A signed copy of the Coastal Devell
Permit must be submitted to the Planning Director. If the approval is substi
different, an amendment to SDP 95-05 shall be required.
17. The first submittal of detailed landscape and irrigation plans shall be accon
by the project’s building, improvement, and grading plans.
18. The Developer shall install street trees at the equivalent of 40-feet intervals a
public street frontages in conformance with the City of Carlsbad Standard
trees shall be a variety selected from the approved Street Tree List.
Engineeriw Condition:
19. This project is located within the Aviara Master Plan. All Devell
design shall comply with the requirements of that plan.
Fire Condition:
20. All required water mains, fire hydrants and appurtenances shall be ope]
before combustible building materials are located on the constructio
Water District Conditions:
21. The entire potable water system, reclaimed water system and sewer
shall be evaluated in detail to ensure that adequate capacity, press
flow demands can be met.
22, The Developer shall be responsible for all fees, deposits and charge
will be collected before and/or at the time of issuance of building pern
San Diego County Water Authority capacity charge will be colle
issuance of application for meter installation. I 1 PC RES0 NO. 3779
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23. Sequentially, the Developer's Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire pro
requirements. Also obtain G.P.M. demand for domestic and irrig
needs form appropriate parties.
B, Prepare a colored reclaimed water use area map and submit to the PI
Department for processing and approval.
C. Prior to the preparation of sewer, water and reclaimed water impro
plans, a meeting must be scheduled with the District Engineer for
comment and approval of the preliminary system layouts and useage
GPM - EDU).
24. This project is approved upon the expressed condition that building 1
will not be issued for development of the subject property unless thc
district serving the development determines that adequate water sew
sewer facilities are available at the time of application for such water
and sewer permits will continue to be available until time of occupal
Standard Code Reminders:
25. This project is subject to all applicable provisions of local ordinances, includ
not limited to the following code requirements:
A. All landscape and irrigation plans shall be prepared to conform w
Landscape Manual and submitted per the landscape plan check proc
on file in the Planning Department.
B. The Developer shall pay a landscape plan check and inspection
required by Section 20.08.050 of the Carlsbad Municipal Code.
C. Prior to occupancy of the first dwelling unit the Developer shall pro
required passive and active recreational areas per the approved
including landscaping and recreational facilities.
D. Approval of this request shall not excuse compliance with all apl
sections of the Zoning Ordinance and all other applicable City ordim
effect at time of building permit issuance, except as otherwise spe,
provide herein. ....
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PASSED, APPROVED, AND ADOPTED at a regular meeting
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by the following vote, to wit: 3
Planning Commission of the City of Carlsbad, California, held on the 21st day of June
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AYES: Chairperson Welshons; Commissioners Compas,
Monroy, Nielsen, Noble and Savary.
6 NOES: None,
7 ABSENT: None.
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ABSTAIN: None.
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13 ATTEST:
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSIOP
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