HomeMy WebLinkAbout1995-10-04; Planning Commission; Resolution 3817".
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
0 0
PLANNING COMMISSION RESOLUTION NO. 3817
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A SITE DEVELOPMENT PLAN TO ALLOW
CONSTRUCTION OF 32 SINGLE FAMILY HOMES ON
PREVIOUSLY SUBDIVIDED AND GRADED LOTS ON
PROPERTY GENERALLY LOCATED NORTH OF
BATIQUITOS DRIVE BETWEEN KESTRAL DRIVE AND
ANATRA COURT, IN AVIARA PLANNING AREA 29,
LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME SANDPIPER - AVIARA PLANNING AREA 29
CASE NO: SDP 95-03
WHEREAS, Warmington Homes has filed a verified application with t
of Carlsbad and referred it to the Planning Commission; and
WHEREAS, said verified application constitutes a request for
development plan as provided by Chapter 21.06 of the Carlsbad Municipal Code; i
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
Commission did, on the 4th day of October, 1995, hold a duly noticed public hea
consider said application on property described as:
Portion of lot 8 of Carlsbad Tract 89-37, Phase 11, according to
Map No. 12967, filed September 16,1992, the City of Carlsbad,
County of San Diego, State of California;
WHEREAS, at said public hearing, upon hearing and considering all tes
and arguments, if any, of all persons desiring to be heard, said Planning Comr
considered all factors relating to SDP 95-03.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI
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 Coml
APPROVES Site Development Plan, SDP 95-03, based on the following findiI
subject to the following conditions:
~
e
1 Findings:
0
2 11 1. The Planning Commission finds that:
3
4
5
6
7
a
9
10
11
12
a) the project is a subsequent development as identified in Section 21083.
California Environmental Quality Act;
b) the project is consistent with the Master Tentative Tract Map for
Phase I1 (CT 89-37) and the Tentative Tract Map for Aviara Plannil
29 (CT 90-35);
c) there were Mitigated Negative Declarations approved in connection \
Master Tentative Tract Map for Aviara Phase I1 (CT 89-37) and the Tc
Tract Map for Aviara Planning Area 29 (CT 90-35);
d) the project has no new significant environmental effect not anal:
significant in the prior Mitigated Negative Declarations;
e) none of the circumstances requiring Subsequent or Supplemental E11
CEQA Guidelines Sections 15162 or 15163 exist;
l3
14
2. The Planning Commission finds that all feasible mitigation measures or
alternatives identified in the Mitigated Negative Declarations for the
Tentative Tract Map for Aviara Phase I1 (CT 89-37) and the Tentative Tra
15 for Aviara Planning Area 29 (CT 90-35) which are appropriate to this Sub,
Project have been incorporated into this Subsequent Project. 16
17
18 ordinances since:
3. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan, and all City public facility polic
19
20
21
22
23
24
25
26
27
28
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 1
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 i
in the Carlsbad School District, unless said fees are waived by the C
Unified School District.
c) All necessary public improvements have been provided or are reql
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 contl
)) PC RES0 NO. 3817 -2-
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
0 0
payment of the fee will enable this body to find that public facilities
available concurrent with need as required by the General Plan.
4. 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 ad
requirements established by a Local Facilities Management Plan prepared p
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure co
availability of public facilities and will mitigate any cumulative impacts create1
project.
5. This project has been conditioned to comply with any requirement approved
of the Local Facilities Management Plan for Zone 19.
6. 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 adversely
the site, surroundings or traffic circulation, in that the proposed construc
residential units on pregraded pads does not require expansion of the 4
graded area; the areas of the project are designated for low medium
residential development, noise impacts are being mitigated and the existing
habitat is being maintained; the single family residential uses are compatil
and require no buffering from nearby residential development; and the pl
development plan fits within the existing graded area and the surroundink
system can accommodate the additional traffic generated by the additia
dwelling units.
7. That the site for the intended use is adequate in size and shape to accommod
use, in that no expansion of the subdivided lots, graded pad areas or plannil
boundaries are necessary to fit the proposed development.
8. That all yards, setbacks, walls, fences, landscaping, and other features new
adjust the requested use to existing or permitted future uses in the neighborhc
be provided and maintained, in that no adjustments to the approved lot lines,
or improvements are needed to fit the proposed development and adequ:
suppression zones will exist around the development,
9. That the street systems serving the proposed use is adequate to properly ha1
traffic generated by the proposed use, in that the 32 unit project will gene]
additional 320 trips which can be accommodated on Kestral Drive, Ra
maximum capacity of 10,000 ADT.
Planning Conditions:
1. The Planning Commission does hereby approve the Site Development Plan
single family residential project entitled "Sandpiper - Aviara Planning Ar
(Exhibits "A" - I' W" on file in the Planning Department and incorporated
PC RES0 NO. 3817 -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
0 e
reference, dated October 4, 1995), subject to the conditions herein set fort1
is authorized and directed to make or require the Developer to make all con
and modifications to the Site Development Plan Documents, as necessary t
them internally consistent and conform to Planning Commission's final actio]
project. Development shall occur substantially as shown on the approved c
Any proposed development substantially different from this approval, shall
an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, a;
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24" x 36", mylar cop:
Site Plan as approved by the final decision making body. The Site Plan shall
the conditions of approval by the City. The Plan copy shall be submitted to t
Engineer and approved prior to building, grading, final map, or improveme
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any penr
check, a reduced, legible version of the approving resolution/resolutions on
36" blueline drawing. Said blueline drawing(s) shall also include a copy
applicable Coastal Development Permit and signed approved site plan.
5. 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 subdl
agreement to pay the public facilities fee dated March 28,1995, a copy of M
on file with the City Clerk and is incorporated by this reference. If the fees i
paid, this application will not be consistent with the General Plan and apprc
this project will be void.
6. The Developer shall provide proof of payment of statutory school fees to II
conditions of overcrowding as part of the building permit application unless
by the Carlsbad Unified School District. The amount of these fees SI
determined by the fee schedule in effect at the time of building permit applj
7. This project shall comply with all conditions and mitigation measures wh~
required as part of the Zone 19 Local Facilities Management Plan a1
amendments made to that Plan prior to the issuance of building permits.
8. 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.
I I I )) PC RES0 NO. 3817 -4-
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
0 e
9. Prior to the issuance of building permits, Developer shall submit to the City :
of Restriction to be filed in the office of the County Recorder, subjeci
satisfaction of the Planning Director, notiwg all interested parties and SUI
in interest that the City of Carlsbad has issued a Site Development 1
Resolution No. 3817 on the real property owned by the developer. Said N
Restriction shall note the property description, location of the file co
complete project details and all conditions of approval as well as any condi
restrictions specified for inclusion in the Notice of Restriction. The P
Director has the authority to execute and record an amendment to the notic
modifies or terminates said notice upon a showing of good cause by the de
or successor in interest.
10. 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.
11. The Developer shall prepare a detailed landscape and irrigation plan in confa
with the approved Preliminary Landscape Plan and the City’s Landscape I
The plans shall be submitted to and approval obtained from the Planning I:
prior to the approval of the final map, grading permit, or building permit, wh
occurs first. The Developer shall construct and install all landscaping as shl
the approved plans, and maintain all landscaping in a healthy and thriving co~
free from weeds, trash, and debris.
12. The first submittal of detailed landscape and irrigation plans shall be accon
by the project’s building, improvement, and grading plans.
13. 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; 0
identification and/or addresses shall contrast to their background color.
14. The Developer shall provide bus stops to service this development at locatic
with reasonable facilities to the satisfaction of the North County Transit Distr
the Planning Director. Said facilities, if required, shall at a minimum in(
bench, free from advertising, and a pole for the bus stop sign. The bench a1
shall be designed to enhance or be consistent with the basic architectural th
the project.
15. 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 Direcl
16. All sales maps that are distributed or made available to the public shall inclu
not be limited to trails, future and existing schools, parks, and streets.
17. Prior to approval of the building permit, 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 Develc
~ PC RES0 NO. 3817 -5-
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
0 0
Permit must be submitted to the Planning Director. If the approval is subst,
different, an amendment to Site Development Plan shall be required.
18. The Developer shall post aircraft noise notification signs in all sales and/ol
offices associated with the new development. The number and locations of sa
shall be approved by the Planning Director (see Noise Form #3 on file
Planning Department).
19. The project shall comply with conditions and mitigation measures whi
required as part of Carlsbad Tentative Tract Map (CT 90-35) and its corresg
Mitigated Negative Declaration, as contained in Planning Commission Res1
Nos. 3317 and 3316, respectively, including but not limited to: (a) no retainin
greater than two feet in height, within the front or sideyard areas shall be per
and (b) grading proposed as part of any future Site Development Plan o'
subject property shall be in substantial conformance with the grading ap
through this tentative map.
20. The Developer shall install street trees at the equivalent of 40-feet intervals a1
public street frontages in conformance with the City of Carlsbad Standard
trees shall be in conformance to the street tree requirements of the Aviara
Plan.
Engineering Conditions:
21. Prior to issuance of a building permit for any lot in this project, a final map
90-35 shall be recorded and the grading for the lot shall be completed and ce
22. Prior to occupancy of any dwelling unit in this project, the public improvc
required to serve this project and meet the cul-de-sac standard shall be con
to the satisfaction of the City Engineer.
23. The applicant shall make a good faith effort to create a surface on the eme
access from Daisy Avenue to Whimbrel Court which will be safe and deter
skateboarders.
Fire Conditions:
24. All required water mains, fire hydrants and appurtenances shall be operational
combustible materials are located on the construction site.
Water District Conditions:
25. The entire potable water system, reclaimed water system and sewer system s:
evaluated in detail to ensure that adequate capacity, pressure and flow deman
be met.
PC RES0 NO. 3817 -6-
0 m
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
26. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. 1
Diego County Water Authority capacity charge will be collected at issu
application for meter installation.
27. Sequentially, the Developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire pr(
requirements. Also obtain GPM demand for domestic and irrigation;
from appropriate parties.
b) Prepare a colored reclaimed water use area map and submit to the I
Department for processing and approval.
c) Prior to the preparation of the sewer, water and reclaimed water impra
plans, a meeting must be scheduled with the District Engineer for
comment and approval of the preliminary system layouts and usage
GPM - EDU).
28. This project is approved on the expressed condition that building permits wil
issued for development of the subject property, unless the water district sen
development determines that adequate water service and sewer facilities are a.
at the time of application for such water service and sewer service permits i
continue to be available until time of occupancy.
General Conditions:
29. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time; if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have f
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 sum
interest by the City’s approval of this Resolution.
Code Reminders:
NOTE The project is subject to all applicable provisions of local ordi
including but not limited to the following code requirements:
30. The Developer shall pay a landscape plan check and inspection fee as reql
Section 20.08.050 of the Carlsbad Municipal Code.
PC RES0 NO. 3817 -7-
I
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
31. The following note shall be placed on the Final Site Plan: "Prior to issuaj
building permit for any buildable lot within the subdivision, the Developer s
a one-time special development tax in accordance with the City Council Re
NO. 91-39."
32. Approval of this request shall not excuse compliance with all applicable sec
the Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance, except as otherwise specifically provide herein.
33. 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.
34. Any signs proposed for this development shall at a minimum be desi]
conformance with the City's Sign Ordinance and shall require review and a
of the Planning Director prior to installation of such signs.
35. Unless a standards variance has been issued, no variance from City Stant
authorized by virtue of approval of this site plan.
36. The applicant shall comply with all rules, regulations and design requiremen
respective sewer and water agencies regarding services to the project.
37. The applicant shall be responsible for coordination with S.D.G.&E., Pac
Telephone and Cable TV authorities.
38. Based upon a review of the proposed grading and the grading quantities sh
the site plan, a grading permit for this project is required.
39. Prior to hauling dirt or construction materials to or from any proposed cons
site within this project, the developer shall submit to and receive approval 6
City Engineer for the proposed haul route. The developer shall comply
conditions and requirements the City Engineer may impose with regards
hauling operation.
40. The developer shall exercise special care during the construction phase of this
to prevent ofkite siltation. Planting and erosion control shall be pro\
accordance with the Carlsbad Municipal Code and the City Engineer.
...
...
...
f..
PC RES0 NO. 3817 -8-
0 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
Planning Commission of the City of Carlsbad, California, held on the 4th day of 0
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Erwin, P
Noble and Savary.
NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
ATTEST
KIM WE/LSHONS, Chairperson
CARLSBAD PLANNING COMMISSIO:
v -
MICHAEL J. HOL-ILLER
Planning Director
I
PC RES0 NO. 3817 -9-