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HomeMy WebLinkAbout1996-01-17; Planning Commission; Resolution 3881ll 0 0 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PLANNING COMMISSION RESOLUTION NO. 3881 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN FOR 9 SECOND DWELLING UNITS WITHIN A 61 LOT SINGLE-FAMILY SUBDIVISION AND DEED RESTRICTION OF 1 THREE- BEDROOM HOME OR THE OPTION TO PURCHASE 1 AFFORDABLE HOUSING CREDIT IN VILLA LOMA SUBJECT TO CITY COUNCIL APPROVAL, ALL TO SATISFY THE INCLUSIONARY HOUSING REQUIREMENTS OF CHAPTER 21.85 OF THE CARLSBAD MUNICIPAL CODE, ALL ON PROPERTY GENERALLY LOCATED NORTH OF CAMINO DE LAS ONDAS, EAST OF PASEO DEL NORTE, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: EMERALD RIDGE WEST CASE NO: SDP 95-06 WHEREAS, MSP California LLC has filed a verified application for , l5 (1 property to wit: 16 17 18 19 20 21 22 All that certain parcel of land delineated and designated as "Description No 1,103.91 Acres" on Record of Survey Map No. 5715, filed in the Office of tht County Recorder of San Diego County, December 19, 1960, being a portior of Lot G of Rancho Aqua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, a portion of which lies within the City of Carlsbad, all being in the County of San Diego, State of California. Excepting therefrom that portion lying within Parcels "A", "B", "C" and "D" of Parcel No. 2993 in the City 01 Carlsbad, County of San Diego, State of California, filed in the Office of tht County Recorder of San Diego County, August 23,1974 as File No. 74-230326 of Official Records. 23 25 WHEREAS, said verified application constitutes a request for 24 with the City of Carlsbad which has been referred to the Planning Commission; ar Development Plan to subdivide a 56.3 acre parcel into 61 single-family lots with a mi 26 lot size of 7,500 square feet, one 8.3 acre open space lot, a 27.4 acre remainder par( 27 allow 9 second-dwelling units as shown on Exhibits "A-M", dated January 17, 1996, 28 in the Planning Department and incorporated by this reference ("Site Developme1 , ll 0 0 4 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 I for Emerald Ridge West" SDP 95-06) as provided by Chapter 21.53 of the C Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of Janua~ hold a duly noticed public hearing as prescribed by law to consider said request; 2 WHEREAS, at said public hearing, upon hearing and considering all te and arguments, if any, of all persons desiring to be heard, said Commission consid factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the E 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 Corn RECOMMENDS APPROVAL of SDP 95-06, based on the following and subject to the following conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein for ! 06 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 3.01 dudacre is less than the density range of 4 to 8 c specified for the site as indicated on the Land Use Element of the ( Plan, and is below the growth control point of 6 dudacre. b. Circulation - The local streets serving the project have 56 to 60 feet o right-of-way, and connect to Hidden Valley Road which is a non collector street. All the local, collector, and major streets within tl would be constructed to full public street width standards, and ha1 gutters, sidewalks, and underground utilities. The proposed street s: adequate to handle the project's pedestrian and vehicular traf~ accommodate emergency vehicles. I c. Noise - A noise study was completed for the project, and traffic noi: Palomar Airport Road would not exceed 60 dBA CNEL. The devel required to mitigate interior noise levels of the future homes to ' CNEL. PC RES0 NO. 3881 -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 1 0 0 d. The project is consistent with the Housing Element of the General P the Inclusionary Housing Ordinance since the Developer is reqt provide 10.764 affordable units and has been conditioned to enter Affordable Housing Agreement to either: (1) construct 9 second dwelli and deed restrict 1 three-bedroom home; or (2) construct 9 second 4 units and purchase 1 Affordable Housing Credit from Villa Loma su the requirements of City Council Policy No. 57 and 58 and final app. the City Council. The remaining .764 fraction of an inclusionary c unit will be satisfied through the payment of a fee equal to the fractio: times the average subsidy needed to make affordable to a lower, household, one newly constructed typical housing unit. e. Open Space and Conservation - The project is designed to avoid tl slopes surrounding the mesa and riparian drainage area in the easter canyon. This area will be placed under an 8.3 acre open space ease the Homeowners Association. This 8.3 acre open space lot would with the open space to the north along Encinas Creek. City Wide Tr; No. 29 would be aligned to the east along the bluff and slope to m gnatcatcher, coastal sage, and riparian impacts in the eastern finger I Native habitat impacts have been reduced or mitigated by the desigl project, in that project grading and the Calle Serena (Cherry Blosson alignment is the most sensitive in terms of habitat and slope im] follows: i. The 0.12 acre take area is located outside of any Preserve PI Areas (PPAs); ii. The habitat loss will not preclude connectivity between areas habitat values since this area is not included as a part of a 1 Planning Area (LPA); iii. The habitat loss will not preclude or prevent the preparation Carlsbad Habitat Management Plan in that the area is not a a Linkage Planning Area, makes no contribution to the preserve system and will not significantly impact the use of patches as archipelago or stepping stones to surrounding PPP iv. Mitigation for the loss of the 0.12 acres of Coastal Sage Scrut will be in the form of acquisition of .19 acres of high quali habitat credits from the Carlsbad Highland Mitigation Bank. 1 of habitat on the MSP California LLC property will not appr reduce the likelihood of the survival and recovery of the gnatc v. The habitat loss is located in a disturbed area that is directly a1 to Hidden Valley Road and the Poinsettia Community Park, thc large blocks of habitat will not be lost and fragmentation F occur, and; I PC RES0 NO. 3881 -3- 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 0 e vi. The habitat area being impacted is at the periphery of a larg habitat area; it is not in the center where the loss of habitat M more important. f. Parks and Recreation - The project is required to pay park-in-lieu fc 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. 2. That the site for the intended use is adequate in size and shape to accommoc use, in that the lots are a minimum of 60 feet wide and the second-dwellin would have exterior access, be incorporated into the second-story of the I home, and utilize a portion of the three-car garage for parking. 3. That all yards, setbacks, walls, fences, landscaping, and other features nece; adjust the requested use to existing or permitted future uses in the neighborhc be provided and maintained in that the second dwelling unit would be integra the primary dwelling units and meet all the development standards of the R Zone. 4. The second dwelling unit is located above a new three car garage and dc exceed the 30 foot height limit. 5. The total floor area of the second dwelling unit does not exceed 640 square 6. The second dwelling unit is architecturally compatible with the primary dwelli and retains the appearance of a single family dwelling within the project. 7. Since the second dwelling unit complies with all of the applicable develc standards of the R-1 zone, has been designed to appear as a single family re! when viewed from the street, and should generate very little additional traffic not be materially detrimental to the public welfare or injurious to the prop improvements in such vicinity and zone in which the property is located. 8. The second dwelling unit has a separate entrance. Planning Conditions: 1. The Planning Commission does hereby recommend approval of the Site Develc Plan for the SDP 95-06 project entitled "Emerald Ridge West". (Exhibit "A on file in the Planning Department and incorporated by this reference, January 17, 1996), subject to the conditions herein set forth. Staff is authoriz directed to make or require the Developer to make all corrections and modifil to the exhibits/or documents, as necessary to make them internally consiste conform to City Council's final action on the project. Development shall substantially as shown on the approved exhibits. Any proposed develc substantially different from this approval, shall require an amendment 1 PC RES0 NO. 3881 -4- ~ 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 I I I 0 0 approval. 2. Approval of SDP 95-06 is granted subject to the approval of the Mitigated N Declaration, LCPA 94-04, ZC 94-04, CT 95-03, and HDP 95-06. SDP 95-06 is to all conditions contained in Planning Commission Resolution Nos. 3873 3879,3880, and 3882. 3. Prior to the approval of the final map for any phase of this project, or where is not being processed, prior to the issuance of building permits for any lots o the Developer shall enter into an Affordable Housing Agreement with the provide and deed restrict 9 lots for second dwelling units (including: Lots 2 19, 24, 31, 36, 42, 52) and one three-bedroom home as appropriate, in accc with the requirements and process set forth in Chapter 21.85 of the C: Municipal Code. The draft Affordable Housing Agreement shall be submittec Planning Director not later than thirty (30) after the final map submitta recorded Affordable Housing Agreement shall be binding on all future ownc successors in interest; OR Prior to approval of the final map for any phase of this project, or where a not being processed, prior to the issuance of building permits for any lots o the developer shall enter into an agreement with the City to deed restrict 9 dwelling units (including: Lot 2, 7, 13, 19, 24, 31, 36, 42, and 52) and the PI of 1 Affordable Housing Credit in Villa Loma, as appropriate, in accordance 1 requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code, tk 20 Specific Plan, and City Council Policies 57 and 58 dated September 1; Prior to City Council approval, the developer shall submit a signed Aff( Housing Agreement to the Housing and Redevelopment Director. The rt Affordable Housing Agreement shall be binding on all future owners and SUC in interest; OR Upon showing by the developer that an onsite contribution is not appropriate project, a second inclusionary housing option available to the developer shall prior to final map approval, the developer shall enter into an agreement v City to purchase affordable credits from Villa Loma or participate in an combined inclusionary project within the southwest quadrant and as appropi accordance with the requirements set forth in Chapter 21.85 of the C Municipal Code, the Zone 20 Specific Plan, and City Council Policies 57 dated September 12, 1985. Prior to City Council approval, the develop1 submit a signed Affordable Housing Agreement to the Housing and Redevel Director. The recorded Affordable Housing Agreement shall be binding on a1 owners and successors in interest. 4. Prior to City review and approval of the offsite option, the approval of a Plan amendment to SP 203 shall be required to designate the proposec combined inclusionary project as an approved location for the provision of afl units to satisfy the inclusionary requirements of Zone 20 properties. 1 .-.. PC RES0 NO. 3881 -5- 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 a a 5. The Developer shall construct the required inclusionary units concurrent 7 project’s market rate units, unless both the final decision making authority of and the Developer agree within an Affordable Housing Agreement to an a schedule for development. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, held on the 17th day of January, 1994 following vote, to wit: AYES: Chairperson Compas, Commissioners Erwin, Monroy, : Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None CARLSBAD PLANNING COMM ATTEST: . MICHAEL J. TIOLZ~ILLER Planning Director PC RES0 NO. 3881 -6- II