HomeMy WebLinkAbout1996-02-07; Planning Commission; Resolution 38951
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PLANNING COMMISSION RESOLUTION NO. 3895
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL FOR SITE
ARCHITECTUW FLOORPLANS AND ELEVATIONS
WHICH MAY INCLUDE SECOND DWELLING UNITS
PROPERTY GENERALLY LOCATED AT THE
SOUTHEASTERLY CORNER OF THE CITY ADJACENT
TO THE CITY OF ENCINITAS.
CASE NAME: RANCHO VERDE
CASE NO: SDP 95-07
WHEREAS, Centex Homes has filed a verified application with the
DEVELOPMENT PLAN NO. SDP 95-07 FOR
WITHIN AN EXISTING SUBDIVISION, CT 89-18, ON
Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for
Development Plan as provided by Chapter 21.06 and Section 21.53.120 of the C
Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the P
Commission did, on the 7th day of February 1996, consider said request on F
described as:
Portions of lots 8, 9, and 15 of the subdivision of Rancho Las
Encinitas in the City of Carlsbad, County of San Diego, State
of California, according to map thereof No. 848, filed in the
office of the County Recorder of San Diego County, June 27,
1898.
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 SDP 95-07.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
Commission of the City of Carlsbad as follows:
I A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Com:
RECOMMENDS APPROVAL of Site Development Plan, SDP 95-07
on the following findings and subject to the following conditions:
3 // Findings:
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1. 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 project is the re
architecture for single family homes within a single family residential13
property within a tract of land that has been approved for subdivision;
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subdivided the property into 174 single family lots, all of which are at leas1 10
2. That the site for the intended use is adequate in size and shape to accommo(
use, in that the individual lots were established with the approval of CT 89-1,
square feet; 11
12 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
13 be provided and maintained, in that the lots created by CT 89-18 are large
to accommodate each of the proposed single family homes without the n 14 adjustments or variances;
15 4. That the street systems serving the proposed use is adequate to properly ha
16 traffic generated by the proposed use, in that. each of the streets within the a]
17 subdivision is designed to meet all City standards;
18 // 5’ That:
l9 I/ a) the project is a residential project consistent with zoning;
2o ll b) the project is consistent with the R-1-25,000 and Planned Community
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c) there was a Mitigated Negative Declaration approved in connection 7
prior approval of the subdivision;
d) the project has no new significant environmental effect not anal
significant in the prior Mitigated Negative Declaration; and
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Housing Element of the City’s General Plan, based on the following:
e) none of the circumstances requiring Subsequent or Supplemental EI:
CEQA Guidelines Sections 15162 or 15163 exist.
6. That the project, as conditioned herein for SDP 95-07, is in conformance 7
PC RES0 NO. 3895 -2-
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That the project is consistent with the Housing Element of the General Plan
Inclusionary Housing Ordinance as the Developer has been conditioned to
required Housing Impact Fee or enter into an Affordable Housing Agreer
provide and deed restrict second dwelling units as affordable to lower-
households and/or pay a prorated impact fee for each market rate unit buil
7. That the project is consistent with the Land Use Element of the General Plan
the inclusion of second units which qualify as affordable units will incre
density of the project above the Growth Management Control Point and t
Residential Implementing Policy and Action Program C.2 of the Land Use E
allows for the increase of density through the approval of a Site Developme
if the additional units qualify as affordable.
8. That the project will provide sufficient public facilities for the density in e:
the control point to ensure that the adequacy of the City's public facilities pl;
not be adversely impacted.
9. That there have been sufficient developments approved in the quadrant at d
below the growth control point to cover the units in the project above the
point so that the approval will not result in exceeding the quadrant limit.
10. That all necessary public facilities required by Chapter 21.90 will be cons
concurrently with the need for them created by this development and in corn
with the adopted City standards.
Conditions:
1. The Planning Commission does hereby recommend approval of the Site Devel
Plan for the Project entitled "Rancho Verde" as shown on and within Exhibi
"H" on file in the Planning Department and incorporated by this referenct
February 7,1996, subject to the conditions herein set forth. Staff is authori:
directed to make or require the Developer to make all corrections and modif
to the Site Development Plan Documents, as necessary to make them in
consistent and conform to City Council's final action on the Project. Devel
shall occur substantially as shown on the approved exhibits. Any p
development substantially different from this approval, shall require an ame
to this approval. Development shall be defined as the construction of a sing1
detached home on a vacant lot.
2. 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.
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PC RES0 NO. 3895 -3-
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3. Prior to the issuance of building permits the Developer shall submit to the
Notice of Restriction to be filed in the office of the County Recorder, subjec
satisfaction of the Planning Director, notifying all interested parties and suc
in interest that the City of Carlsbad has issued a Site Development P
Resolution No. 3895 on the real property owned by the developer. Said Nc
Restriction shall note the property description, location of the file cor
complete project details and all conditions of approval as well as any condil
restrictions specified for inclusion in the Notice of Restriction. The P
Director has the authority to execute and record an amendment to the noticc
modifies or terminates said notice upon a showing of good cause by the de
or successor in interest.
4. The Developer shall prepare a detailed landscape and irrigation plan in confo
with the City's Landscape Manual. The plans shall be submitted to and a
obtained from the Planning Director prior to the approval of building permi
Developer shall construct and install all landscaping as shown on the approve1
and maintain all landscaping in a healthy and thriving condition, free from
trash, and debris.
5. Building identification and/or addresses shall be placed on all new buildings
be plainly visible from the street or access road; color of identification
addresses shall contrast to their background color.
6. The Developer shall comply with all applicable provisions of federal, state, a1
ordinances in effect at the time of building permit issuance.
7. 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
8. The Developer shall provide the City with a reproducible 24" x 36", mylar cor
Site Plan as approved by the City. The Site Plan shall reflect the condi
approval by the City. The Plan copy shall be submitted to the City Engin
approved prior to the issuance of building permits. Setbacks consistent with
zone (Chapter 21.10 of the Carlsbad Municipal Code) shall be shown
required site plan for each residential lot.
9. Prior to the issuance of building permits for any lots or units, the Develop
pay the required Housing Impact Fee per lot or shall enter into an Afl
Housing Agreement with the City to provide and deed restrict second dwelli
as affordable to lower-income households for the useful life of the dwelli
and/or pay a prorated impact fee per market rate unit built, in accordance 3
requirements and process set forth in Chapter 21.85 of the Carlsbad Municip;
The draft Affordable Housing Agreement shall be submitted to the Planning 1
not later than 30 days of approval of this Site Development Plan. The r
Affordable Housing Agreement shall be binding on all future owners and su
in interest.
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10. Additions, alterations and/or modifications to individual residential structu
the construction of detached accessory structures subsequent to the COI
construction of a single family home as approved by this SDP, are permitted
not require an amendment to this Site Development Plan. Said ad
alterations and/or modifications and/or detached accessory structures s
subject to the R-1 standards as found in Chapter 21.10 of the Carlsbad MI
Code.
11. All development and future development shall adhere to the development sb
of the R-1 zone (Chapter 21.10 of the Carlsbad Municipal Code).
Engineering Conditions:
12. 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 fr
City Engineer for the proposed haul route. The applicant shall comply 7
conditions and requirements the City Engineer may impose with regards
hauling operation.
13. Prior to issuance of a building permit for any buildable lot within the subdivis.
property owner shall pay a one-time special development tax in accordance w
Council Resolution No. 91-39.
14. Prior to building permit issuance, the applicant shall pay all current fees and (
required.
15. Prior to approval of building permits, the owner of the subject property shall
an agreement holding the City harmless regarding drainage across the a
property.
16. Drainage outfall and treatments for any drainage outlets where a direct accc
for maintenance purposes is not provided, shall be designed and incorpora
the gradinghmprovement plans for the project. These end treatments E
designed so as to prevent vegetation growth from obstructing the pipe
Designs could consist of a modified outlet headwall consisting of an e:
concrete spillway section with longitudinal curbing and/or radially designed 1
or other means deemed appropriate, as a method of preventing vegetation
directly in front of the pipe outlet, to the satisfaction of the Community 5
Director and the City Engineer.
17. This project is subject to all original conditions of approval for CT 89-18
apply to this project.
General:
18. 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 t
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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.
5 19. The Developer shall include, as part of the plans submitted for any perm
are not issued for this project within 18 months from the date of project ap
20. This approval shall become null and void if building permits for the model c 7
36" blueline drawing. 6
check, a reduced, legible version of the approving resolutiodresolutions on
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21. All roof appurtenances, including air conditioners, shall be architecturally intl
streets, in substance as provided in Building Department Policy No. 80-6,
12 PASSED, APPROVED, AND ADOPTED at a regular meeting
and concealed from view and the sound buffered from adjacent propert;
satisfaction of the Directors of Planning and Building. 11
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1996, by the following vote, to wit: ' 4
Planning Commission of the City of Carlsbad, California, held on the 7th day of Fel
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AYES: Chairperson Compas, Commissioners Erwin, Monroy, Nielsen,
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Savary and Welshons
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NOES: None
ABSENT: None
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ABSTAIN: None
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WILLIAM COMPAS, dairperson
CARLSBAD PLANNING COMMISSIOI
25 ll ATTEST:
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Planning Director 28
PC RES0 NO. 3895 -6-