HomeMy WebLinkAbout1996-03-06; Planning Commission; Resolution 39081
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PLANNING COMMISSION RESOLUTION NO. 3908
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST SIDE OF BATIQUITOS DRIVE
CASE NAME: AVIARA PLANNING AREA 30
CASE NO: SDP 95-14
WHEREAS, Richmond American Homes of California, Inc. (Develo
filed a verified application with the City of Carlsbad and which has been referre
Planning Commission; and
SITE DEVELOPMENT PLAN NO. SDP 95-14 ON
WHEREAS, said verified application constitutes a request for
Development Plan approval as provided by Chapter 21.06 of the Carlsbad Municip
and
WHEREAS, pursuant to the provisions of the Municipal Code, the :
Commission did, on the 6th day of March, 1996, consider said request on properr
by Aviara Land Associates Limited Partnership (Owner), and described as:
Lot 9, Map 12967, Tract No. 90-30, Units 1, 2, 3.
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission consic
factors relating to SDP 95-14.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Cor
APPROVES Site Development Plan, SDP 95-14, based on the 1
findings and subject to the following conditions:
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Findings:
1. Planning Commission finds that:
a. There was an EIR (MEIR 93-01 and EIR 83-02(A)) and a Mitigated
Declaration (CT 89-37), and a Negative Declaration (CT 90-30) apy
connection with the prior citywide General Plan Update, the Aviar;
Plan, Aviara Phase I1 Master Plan Amendment, and the Tentative
Aviara Planning Area 30;
b. The project has no new significant environmental effect not ana
significant in the prior EIR and Mitigated Negative Declaration); a1
c. None of the circumstances requiring Subsequent or a Suppleme1
under CEQA Guidelines Sections 15162 or 15163 exist;
2. The Planning Commission finds that all feasible mitigation measures idel
MEIR 93-01, EIR 83-02(A), and the Mitigated Negative Declaration for C
which are appropriate to this Subsequent Project have been incorporated
Subsequent Project.
3. The Planning Commission finds that the project, as conditioned herein for
14, is in conformance with the Elements of the City’s General Plan, base
following:
a. Land Use - The project is consistent with RLM Designation of tl
General Plan since the proposed density of 1.84 du/acre is within thl
range of 0-4 du/acre specified for the site as indicated on the L
Element of the General Plan, and is at or below the growth control
3.2 du/acre.
b. Circulation - The proposed access to the site from Batiquitos
consistent with the Aviara Master Plan and Circulation Element.
c. Noise - The proposed development will include a sound barrier to bl
along the western perimeter of the project as shown on the approved
fence plans. The project is conditioned to require the applicant to
notice concerning aircraft noise.
d. Housing - The Project is consistent with the Housing Element of the
Plan and the Inclusionary Housing Ordinance as the Developer ha!
into an Affordable Housing Agreement to provide and deed restrict
units as affordable to lower-income households.
4. The Project is consistent with the City-Wide Facilities and Improvements I
applicable local facilities management plan, and all City public facility pol
ordinances since:
PC RES0 NO. 3908 -2-
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a. The Project has been conditioned to ensure that building permits wil
issued for the project unless the District Engineer determines th:
service is available, and building cannot occur within the Project unle
service remains available, and the District Engineer is satisfied
requirements of the Public Facilities Element of the General Plan hr
met insofar as they apply to sewer service for this Project.
b. Statutory School fees will be paid to ensure the availability of school
in the Carlsbad Unified School District, unless said fees are waive
Carlsbad Unified School District.
c. All necessary public improvements have been provided or are rec
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 cont:
payment of the fee will enable this body to find that public facilitie
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 a(
requirements established by a Local Facilities Management Plan prepared 1
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure c(
availability of public facilities and will mitigate any cumulative impacts creatt
Project.
6. This Project has been conditioned to comply with any requirement approvec
of the Local Facilities Management Plan for Zone 19.
7. That the Project is consistent with the City's Landscape Manual, adopted
Council Resolution No. 90-384.
8. That the requested use is properly related to the site, surroundir
environmental settings, is consistent with the various elements and objectivc
General Plan, will not be detrimental to existing uses or to uses specifically p'
in the area in which the proposed use is to be located, and will not adverse?
the site, surroundings or traffic circulation, in that (1) no significant alter2
the approved grading scheme or open space are necessary for the constructic
single family development; (2) the proposed use is consistent with the Gene
Residential Low-Medium Land Use designation and is compatible with the a
density; (3) as designed adequate street circulation and parking will be p
and, (4) the proposed use will not be detrimental to existing uses or
specifically permitted in the area in which the proposed use is located bec
surrounding uses are similar and are consistent with the Aviara Master I
the General Plan.
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1 9. That the site for the intended use is adequate in size and shape to accommc
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use, in that the project conforms with all applicable development stand2
design criteria and the approved tentative map.
10. That all yards, setbacks, walls, fences, landscaping, and other features nec
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project. a
traffic generated by the proposed use, in that, as designed, the surroundin 7
complies with all applicable development standards. 5
adjust the requested use to existing or permitted future uses in the neighbor1
be provided and maintained, in that, as designed and conditioned, thc
6 11. That the street systems serving the proposed use is adequate to properly h;
can handle all of the 1,010 average daily trips (ADT) generated by the I
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Planning Conditions:
1. The Planning Commission does hereby APPROVE Site Development Plan !
the 101 unit residential Project entitled "Aviara Planning Area 30", dated I
1996, (Attachments "A" - "AA" incorporated by this reference), subjec
conditions herein set forth. Staff is authorized and directed to make or re(
Developer to make all corrections and modifications to the SDP 95-14 Doc
as necessary to make them internally consistent and conform to 1
Commission's final action on the Project. Development shall occur substax
shown on the approved exhibits. Any proposed development substantially t
from this approval, shall require an amendment to this approval.
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2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
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3. 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 re
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvem
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any per.
check, a reduced, legible version of the approving resolution/resolutions or
36" blueline drawing. Said blueline drawing(s) shall also include a cop^
applicable Coastal Development Permit and signed approved site plan.
24 ii 5. Building permits will not be issued for development of the subject propert
25 the District Engineer determines that sewer facilities are available at the
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application for such sewer permits and will continue to be available until
occupancy.
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6. The Developer shall pay the public facilities fee adopted by the City Counci
28, 1987 (amended July 2, 1991) and as amended from time to time,
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development fees established by the City Council pursuant to Chapter 21.9
Carlsbad Municipal Code or other ordinance adopted to implement a
management system or Facilities and Improvement Plan and to fulfill the sub(
agreement to pay the public facilities fee dated October 25, 1995, a copy of
on file with the City Clerk and is incorporated by this reference. If the fees
paid this application will not be consistent with the General Plan and appr
this project will be void.
7. This Project shall comply with all conditions and mitigation measures wl
required as part of the Zone 19 Local Facilities Management Plan :
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 b:
this residential housing project are challenged this approval shall be suspc
provided in Government Code Section 66020. If any such condition is det
to be invalid this approval shall be invalid unless the City Council determines
project without the condition complies with all requirements of law.
9. Prior to the issuance of the Building Permit Developer shall submit to th
Notice of Restriction to be filed in the office of the County Recorder, subje
satisfaction of the Planning Director notifying all interested parties and succ
interest that the City of Carlsbad has issued a Site Development Plan by RE
No. 3908 on the real property owned by the declarant. Said Notice of Re
shall note the property description, location of the file containing completc
details and all conditions of approval as well as any conditions or res
specified for inclusion in the Notice of Restriction. The City’s final decisic
for the project has the authority to allow the developer to execute and rt
amendment to the notice which modifies or terminates said notice upon a
of good cause.
10. No outdoor storage of material shall occur onsite unless required by the Fil
In such instance a storage plan will be submitted for approval by the Fire C
the Planning Director.
11. 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;
identification and/or addresses shall contrast to their background color.
12. The Developer shall display a current Zoning and Land Use Map in the sa:
at all times, or suitable alternative to the satisfaction of the Planning Dire
13. Prior to approval of the Building Permit, the Developer shall receive appr
Coastal Development Permit issued by the California Coastal Commis:
substantially conforms to this approval. A signed copy of the Coastal Devc
Permit must be submitted to the Planning Director. If the approval is sub
different, an amendment to SDP 95-14 shall be required.
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14. The Developer shall post aircraft noise notification signs in all sales and/o
rental offices associated with the new development. The number anc
locations of said signs shall be approved by the Planning Director (see Nois1
Form #3 on file in the Planning Department).
15. The Developer shall provide the required inclusionary housing units pursua
Aviara Master Plan Affordable Housing Agreement adopted by the City Co
July 20, 1993.
16. This project shall comply with all conditions which are required as part of (
Tentative Tract Map CT 90-30 and its Negative Declaration contained in I
Commission Resolutions No. 3396 and 3397.
Engineering; Conditions::
17. Prior to issuance of a building permit for any buildable lot within the subdivi
property owner shall pay a one-time special development tax in accordance 1
Council Resolution No. 91-39.
18. The developer shall pay all current fees and deposits required.
19. The owner of the subject property shall execute an agreement holding
harmless regarding drainage across the adjacent property.
20. Prior to hauling dirt or construction materials to or from any proposed con!
site within this project, the developer shall submit to and receive approval :
City Engineer for the proposed haul route. The developer shall comply
conditions and requirements the City Engineer may impose with regard
hauling operation.
21. The developer shall comply with the City’s requirements of the National I
Discharge Elimination System (NPDES) permit. The developer shall proT
management practices as referenced in the “California Storm Waf
Management Practices Handbook’’ to reduce surface pollutants to an accepta
prior to discharge to sensitive areas. Plans for such improvements shall be a
by the City Engineer. Said plans shall include but not be limited to
prospective owners and tenants of the following: i a. All owners and tenants shall coordinate efforts to establish or w
established disposal programs to remove and properly dispose of t
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, m
antifreeze, solvents, paints, paint thinners, wood preservatives, and 01
fluids shall not be discharged into any street, public or private, or in
drain or storm water conveyance systems. Use and disposal of pc
fungicides, herbicides, insecticides, fertilizers and other such 1 PC RES0 NO. 3908 -6-
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treatments shall meet Federal, State, County and City requiren
prescribed in their respective containers.
c. Best Management Practices shall be used to eliminate or reduce
pollutants when planning any changes to the landscaping and
improvements.
5 Fire:
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22. Additional on-site public water mains and fire hydrants are required.
additional public fire hydrants at intervals of 500 feet along public street
private driveways. Hydrants should be located at street intersections when
but should be positioned no closer than 100 feet from terminus of a 5
driveway.
23. Applicant shall submit a site plan to the Fire Department for approval, whicl
location of required, proposed and existing public water mains and fire 1
The plan should include off-site fire hydrants within 200 feet of the projec
12 24. Applicant shall submit a site plan depicting emergency access routes, drivel
13 traffic circulation for Fire Department approval.
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25. An all-weather, unobstructed access road suitable for emergency service vehic
be provided and maintained construction. When in the opinion of the Fil
the access road has become unserviceable due to inclement weather or other
he may, in the interest of public safety, require that construction operatio
until the condition is corrected.
26. All required water mains, fire hydrants and appurtenances shall be operation,
combustible building materials are located on the construction site.
27. Prior to final inspection, all security gate systems controlling vehicular accesz
equipped with a "K~ox'~, key-operated emergency entry device. Applic;
contact the Fire Prevention Bureau for specifications and approvals
installation.
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28. Prior to occupancy of buildings, all wildland fuel mitigation activities
complete, and the condition of all vegetation within 60 feet of structures foL
in conformance with an approved wildland fuel management plan.
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24 29. The applicant shall provide a street map which conforms to the j
25 requirements: A 400 scale photo-reduction mylar, depicting proposed imprc
street centerlines, hydrant locations and street names. 26
and at least two existing intersections or streets. The map shall also clear
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Water:
~ 30. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to ensure that adequate capacity, pressure and flow dem:
be met. ~
31. The Developer shall be responsible for all fees, deposits and charges whicl
collected before and/or at the time of issuance of the building permit. r
Diego County Water Authority capacity charge will be collected at issc
application for meter installation.
32. Sequentially, the Developer’s Engineer shall do the following:
a. Obtain G.P.M. demand for domestic and irrigational needs from app
parties.
b. Prepare a colored reclaimed water use area map and submit to the :
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water impr
plans, a meeting must be scheduled with the District Engineer fol
comment and approval of the preliminary system layouts and usa;
GPM-EDU).
33. This project is approved upon the express condition that building permits wj
issued for development of the subject property unless the water district se~
development determines that adequate water service and sewer facilities are i
at the time of application for such water service and sewer permits and will
to be available until time of occupancy.
General:
34. If any of the foregoing conditions fail to occur, or if they are, by their ten;
implemented and maintained over time, if any of such conditions fail 1
implemented and maintained according to their terms, the City shall have
to revoke or modify all approvals herein granted, deny or further condition
of all future building permits, deny, revoke or further condition all certif
occupancy issued under the authority of approvals herein granted, insti
prosecute litigation to compel their compliance with said conditions or seek
for their violation. No vested rights are gained by Developer or a sua
interest by the City’s approval of this Resolution.
Standard Code Reminders:
The Project is subject to all applicable provisions of local ordinances, including
limited to the following code requirements.
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1 35. The Developer shall pay park-in-lieu fees to the City, prior to the approv:
final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 2
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36. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
37. Approval of this request shall not excuse compliance with all applicable sec
5 the Zoning Ordinance and all other applicable City ordinances in effect a1
building permit issuance, except as otherwise specifically provide herein. 6
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38. The developer shall exercise special care during the construction phase of thi
to prevent offsite siltation. Planting and erosion control shall be pro.
accordance with Chapter 11.06 of the Carlsbad Municipal Code and
Engineer.
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 6th day of
1996, by the following vote, to wit:
AYES: Chairperson Compas, Commissioners Erwin, Monroy,
Noble, Savary, and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
WILLIAM COMPAS, Ch%rperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.%OL%ILLER
Planning Director
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