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HomeMy WebLinkAbout1996-01-03; Planning Commission; Resolution 3865I1 0 0 1 2 3 4 5 6 7 8 9 10 PLANNING COMMISSION RESOLUTION NO. 3865 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDINGAPPROVALOFANAMENDMENTTO A SITE DEVELOPMENT PLAN TO REPLACE 40 CONDOMINIUM UNITS WITH 7 SINGLE-FAMILY LOTS, AND PROVIDE AFFORDABLE HOUSING 0FF"SITE THROUGH THE PURCHASE OF AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA PROJECT, ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS, WITHIN SPECIFIC PLAN 203 IN THE SOUTHWEST QUADRANT OF THE CITY. CASE NAME COSTA DO SOL CASE NO: SDP 93-04(A) 11 12 property to wit: WHEREAS, Greystone Homes Inc. has filed a verified application for 13 14 Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recorder's Office, July 6,1977. l5 // with the City of Carlsbad which has been referred to the Planning Commission; ar 16 17 WHEREAS, said verified application constitutes a request for 18 Development Plan Amendment to replace 40 condominium units with 7 single-fami 19 and satisfy inclusionary housing requirements off-site by purchasing Affordable E 20 Credits in Villa Loma, as shown on Exhibits "A-U", dated January 3, 1996, on file 21 11 Planning Department and incorporated by this reference ("Site Developmen 22 23 24 25 28 WHEREAS, at said public hearing, upon hearing and considering all ter 27 hold a duly noticed public hearing as prescribed by law to consider said request; a 26 WHEREAS, the Planning Commission did, on the 3rd day of Januar and arguments, if any, of all persons desiring to be heard, said Commission considt Amendment for Costa Do Sol" SDP 93-04(A)) as provided by Section 2153.120 Carlsbad Municipal Code; and I1 ll 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 factors relating to the Site Development Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P’ Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Corn: RECOMMENDS APPROVAL of the Site Development Plan, SDP 92 based on the following findings and subject to the following conditio Findings: 1. The Planning Commission finds that: a. the project is a subsequent residential development within an a1 Specific Plan (SP 203) pursuant to Section 15182 of the CEQA Guic b. the project is consistent with the Specific Plan SP 203 as amended acl to SP 203(A); c. there was an EIR certified in connection with the prior approved Specii SP 203; d. the project has no new significant environmental effect not anal! significant in the prior EIR and e. none of the circumstances requiring Subsequent or Supplemental E11 CEQA Guidelines Sections 15162 or 15163 exist. 2. The Planning Commission finds that all feasible mitigation measures or alternatives identified in the certified Final EIR 93-03 which are appropriate Subsequent Project have been incorporated into this Subsequent Project. 3. The Planning Commission finds that the project, as conditioned herein for S 04(A) is in conformance with the Elements of the City’s General Plan, based following: a. The project is consistent with the City’s General Plan since the PI density of 4.14 du/acre is within the density range of 4 to 8 du/acre SI for the site as indicated on the Land Use Element of the General PI is at or below the growth control point of 6 du/acre; b. Circulation - The local cul-de-sac street leading to the 7 single-family 36 feet of paving, 56 feet of public right-of-way, and connects to Hidde~ Road which is a non-loaded collector street. All the local, collect PC RES0 NO. 3865 -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 major streets within this area would be constructed to full public stree standards, and have curb, gutters, sidewalks, and underground utilitic proposed street system is adequate to handle the project's pedestri vehicular tramc and accommodate emergency vehicles; c. Noise - A noise study was completed for the project, and traRc noiz Interstate 5 and Paseo Del Norte would not adversely impact the resi development; d. Housing Element - The project is consistent with the Housing Elemen General Plan and the Inclusionary Housing Ordinance since the De has been conditioned to enter into an Affordable Housing Agreen purchase 21 Affordable Housing Credits in the Villa Loma project; e. Open Space and Conservation - The project is designed to avoid the r drainage area in the northwestern corner of the site. This open spacc connect with the open space on Poinsettia Park to the north. A 20 fa easement is also provided along the project.% western property accommodate Citywide Trail Link No. 37, which connects the future si along Camino De Las Ondas with the future Poinsettia Community f. Parks and Recreation - The project is required to pay park-in-lieu fee! foot high masonry wall in conjunction with a heavily landscaped ea would be provided along the northern property line to buffer the proje the Poinsettia Community Park. The community park also contains 25 foot landscaped setback adjacent to the common property between land uses. City Wide Trail Link No. 37 through the project is alij connect with Trail Link No. 29 located within the park; and g. Public Safety - The proposed project is required to provide sidewalk lights, and fire hydrants, as shown on the tentative map, or inch conditions of approval. 4. 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 the final map will approved unless the City Council finds that Sewer service is available ' the project. In addition, the project is conditioned such that a note 1 placed on the final map that building permits may not be issued project unless the District Engineer determines that sewer service is ac and building cannot occur within the project unless sewer service : available, and the District Engineer is satisfied that the requirement Public Facilities Element of the General Plan have been met insofar apply to sewer service for this project; PC RES0 NO. 3865 -3- I1 0 e 1 2 3 4 5 6 7 8 9 10 11 12 b. Prior to final map approval the developer is conditioned to enter agreement with the appropriate school district to ensure that adequatt facilities are available to serve the project; c. Park-in-lieu fees are required; de All necessary public improvements have been provided or are requ conditions of approval; and e. The developer has agreed and is required by the inclusion of an appr 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. 5. 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 adc 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. ' 3 14 6. This project has been conditioned to comply with any requirement approved of the Local Facilities Management Plan for Zone 20. 15 16 17 18 19 20 21 22 23 7. That the project is consistent with the City's Landscape Manual, adopted Council Resolution No. 90-384. 8. The Planning Commission finds that the Developer's request to purcl Affordable Housing Credits from Villa Loma is consistent with the polic procedures of the Inclusionary Housing Ordinance and City Council Policia and 58. The combined inclusionary housing project entitled Villa Loma h' approved under a Site Development Plan 94-06, by the City Council. Villa LC since been constructed and there are 21 Affordable Housing Credits avail: purchase by this project. 9. The Combined Project Review Committee has reviewed the developer's re< purchase Affordable Housing Credits in Villa Loma and found that reque consistent and in compliance with the requirements of City Council Policy 24 11 Planning Conditions: 25 26 27 28 1. The Planning Commission does hereby RECOMMEND APPROVAL of 1 Development Plan Amendment for SDP 93-04(A) entitled "Costa Do Sol" a! on Exhibits "A" - "U" on file in the Planning Department and incorporated reference, dated January 3,1996, subject to the conditions herein set forth. A conditions and approvals of said prior permit as amended to date and not a by this action remain in full force and effect. Exhibits "A" - "U", dated J~I PC RES0 NO. 3865 -4- 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 20 19% replace Exhibits "A"-"VV" dated October 6, 1993. Staff is authoriz directed to make or require the Developer to make all corrections and modi$ to the exhibits and/or documents, as necessary to make them internally co: and conform to City Council's final action on the project. Development sha substantially as shown on the approved exhibits. Any proposed devel substantially different from this approval, shall require an amendment approval. 2. Approval of SDP 93-04(A) is granted subject to the approval of CT 92-01(A 92-01(A), SP 203(A), and the Negative Declaration. SDP 93-04(A) is subjec conditions contained in Planning Commission Resolution Nos. 3863,3864, a] for CT 92-01(A), PUD 92-01(A), and SP 203(A). 3. Prior to the approval of the final map for any phase of this project, or when is not being processed, prior to the issuance of building permits for any lots c the Developer shall enter into an Affordable Housing Agreement with the purchase 21 Affordable Housing Credits from Villa Lama, in accordance v requirements and process set forth in Chapter 21.85 of the Carlsbad Municip and City Council Policies No. 57 and 58, dated September 12, 1995. A Affordable Housing Agreement shall be submitted to the Housir Redevelopment Director not later than sixty (60) days after the final approva project by the City Council. The recorded Affordable Housing Agreement ! binding on all future owners and successors in interest. 1.1. .... .... .... .... .... .... .... ...* .... .... .... PC RES0 NO. 3865 -5- n 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 e PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 3rd day of J 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Nielsen, Noble and Welshons NOES: Commissioner Monroy ABSENT: Commissioner Erwin ABSTAIN: None CARLSBAD PLANNING COMMISSIC ATTEST: Planning Director PC RES0 NO. 3865 -6-