HomeMy WebLinkAbout1996-07-03; Planning Commission; Resolution 39501
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PLANNING COMMISSION RESOLUTION NO. 3950
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED UNIT DEVELOPMENT
AMENDMENT OF PROPERTY GENERALLY LOCATED
WITHIN THE AVIARA MASTER PLAN AT THE SOUTHERN
END OF BLACK RAIL COURT.
CASE NAME: SEA COUNTRY AT AVIARA
CASE NO.: PUD 94-02(A)
WHEREAS, Sea Country Homes, Inc , applicant, has filed a verified applic
for certain property to wit:
Parcel 6 of Parcel Map No. 16451, filed in the Office of the
County Recorder of San Diego County on April 15,1991, in the
City of Carlsbad, State of California
with the City of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Planned
Development Amendment as shown on Exhibits “A” - “Q” dated July 3,1996 on file il
Planning Department (PUD 94-02(A)) as provided by Chapter 21.45 of the Car’
Municipal Code; and
WHEREAS, the Planning Commission did on’the 3rd day of July, 1996, hc
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testin
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to the PUD 94-02(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commis
RECOMMENDS APPROVAL of Planned Unit Development Amendment, PUD
02(A), based on the following findings and subject to the following conditions:
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Findings:
1. The Planning Director has found that, based on the EIA Part-11, this Subsequent P
was described in the MEIR 93-01 and the Negative Declaration for CT 94-03/PUJ
02 as within its scope; AND there will be no additional significant effect, not ana
therein; AND that no new or additional mitigation measures or alternatives are reql
AND that therefore this subsequent Project is within the scope of the prior EIR; an
new environmental document nor Public Resources Code 21081 findings are require
2. The Planning Commission finds that all feasible mitigation measures or p:
alternative identified in the MEIR 93-01 which are appropriate to this Subsequent P:
have been incorporated into this Subsequent Project.
3. The Planning Commission finds that the project, as conditioned herein, I
conformance with the Elements of the City’s General Plan, based on the following:
a) Land Use - The project is consistent with the City’s General Plan sincl
proposed density of 2.19 du/ac (51 units) is less than the density of 4-8 (
(192) specified for the site as indicated on the Land Use Element of the GE
Plan for the RM Designation.
b) Circulation - The proposed street system is adequate to handle the proj
pedestrian and vehicular traffic and accommodate emergency vehicles.
c) Noise - The proposed project is consistent with the Comprehensive Land
Plan for McClellan-Palomar Airport and has been conditioned to f
Notice that the property is subject, sight, and sound of aircraft activities :
the Airport.
d) Housing - That the project is consistent with the Housing Element of the Gel
Plan and the Inclusionary Housing Ordinance as the Developer has entered
an Affordable Housing Agreement to provide and deed restrict 7.65 dwe
units as affordable to lower-income households.
4. The project is consistent with the City-Wide Facilities and Improvements Plan,
Applicable local facilities management plan, and all City public Facility policies
ordinances since:
a) . The project has been conditioned to ensure that building permits will not be is
for the project unless the District Engineer determines that sewer servic
available, and building cannot occur within the project unless sewer sei
remains available, and the District Engineer is satisfied that the requiremen
the Public Facilities Element of the General Plan have been met insofar as
apply to sewer service for this project.
b) The Carlsbad School District has written a letter, dated August 14,1990, sk
that school facilities will be available to this project.
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c) The applicant has entered into an agreement to provide school facilities.
d) All necessary public improvements have been provided or are requir
conditions of approval.
e) The developer has agreed and is required by the inclusion of an apprc
condition to pay a public facilities fee. Performance of that contract and pa:,
of the fee will enable this body to find that public facilities will be ava
concurrent with need as required by the General Plan.
5. The project has been conditioned to pay any increase in public facility fee, 01
construction tax, or development fees and has agreed to abide by any addi
requirements established by a Local Facilities Management Plan prepared pursui
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabil
public facilities and will mitigate any cumulative impacts created by the project.
6. This project has been conditioned to comply with any requirement approved as part
Local Facilities Management Plan for Zone 19.
7. The project is consistent with the City’s Landscape Manual, adopted by City Cc
Resolution No. 90-384.
8. The proposed development as described by Master Plan MP 177(P) is consistent wi
provisions of General Plan and any applicable specific plans, in that proposed denr
consistent with the General Plan and all applicable requirements of the Master
have been satisfied.
9. All necessary public facilities can be provided concurrent with need, and ade
provisions have been provided to implement those portions of the Capital Improve
Program applicable to the subject property.
10. The residential and open space portions of the community will constitute an environ
of sustained desirability and stability, and that it will be in harmony with or prl
compatible variety to the character of the surrounding area, and that the sites propost
public facilities, such as schools, playgrounds and parks, are adequate to serv
anticipated population and appear acceptable to the public authorities having jurisdj
thereof, in that the proposed amended project design and density are consistent
all applicable regulations and are compatible with surrounding developmenl
project is designed in a manner which is sensitive to its hillside location an4
surrounding open space areas, and no public facilities are required on the site.
1 1. The streets and thoroughfares proposed are suitable and adequate to carry the antici]
traffic thereon, in that the revised project circulation system streets are design
applicable City standards to provide adequate access to all units, provide adec
room for vehicular movement, and provide parking throughout the projec
maximum convenience.
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12. The area surrounding the development is or can be planned and zoned in coordinatic
substantial compatibility with the development, in that such planning has a11
occurred as a part of the planning for the Aviara Master Plan (MP 177(P)).
13. The granting of this permit will not adversely affect, and will be consistent with C1
21.45 of the City code, the General Plan, applicable specific plans, master plans a
adopted plans of the City and other governmental agencies, in that the pro]
amended project is a multifamily residential development as anticipated b
General Plan designation of RM and the Aviara Master Plan and the prol
density is consistent with the density allowed by the General Plan and the A
Master Plan.
14. The proposed use at the particular location is necessary and desirable to provide a sc
or facility which will contribute to the general well-being of the neighborhooc
community, in that the proposed amended project is necessary and desirable s
proposed location to implement the General Plan and the approved Master
which designate this site for multifamily residential development, and the prol
multifamily development will benefit the community by contributing tc
provision of a range of housing types and price ranges.
15. The project will not be detrimental to the health, safety or general welfare of pc
residing or working in the vicinity, or injurious to property or improvements i
vicinity, in that the proposed amended project meets all required City standard
complies with all applicable regulations. All required public facilities and ser
will be provided, and the project has been designed to provide adequate set1
from the neighboring uses (golf course).
16. The proposed Planned Development meets all of the minimum development stand=(
forth in Chapter 21.45.090, the design criteria set forth in .Section 21.45.080, anl
been designed in accordance with the concepts contained in the Design Guidc
Manual. The proposed amended project meets all of the minimum develop
standards set forth in Chapter 21.45.090, including building height restricl
setback requirements, minimum distance between structures, pal
requirements, recreation area requirements and street design requirements.
proposed project also has been designed in accordance with the Design Guidc
Manual to include stepped pads, curvilinear street design, enriched paving 2
entry area, private and common recreation areas, varied building orientation8
architectural relief.
17. The proposed project is designed to be sensitive to and blend in with the n;
topography of the site, and maintains and enhances significant natural resources o
site, in that the revised project incorporates stepped building pads a1
combination of two-, three- and four-plex designs to avoid single large pads.
18. The proposed project’s design and density of the developed portion of the s
compatible with surrounding development and does not create a disharmoniol
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disruptive element to the neighborhood, in that the proposed amended project d
and density are still consistent with all applicable regulations and are compr
with surrounding development, and the project will not create a disharmonio
disruptive element to the area because the project is designed in a manner wh
sensitive to its hillside location and is bounded by open space areas on the
sides adjacent to the golf course.
19. The project’s circulation system is designed to be efficient and well integrated wi
project and does not dominate the project, in that the revised project circulation s;
will provide adequate access to all units, adequate room for vehicular moveme.
car garages for each unit for resident parking, and more than adequate
parking in a manner which is dispersed throughout the project for maxi
convenience. The project utilizes curvilinear street design and short private d
so that the street system does not dominate the project.
20. The Planning Commission has review each of the exactions imposed on the Dew
contained in this resolution, and hereby finds, in this case, that the exactions are im
to mitigate impacts caused by or reasonably related to the project, and the extent ar
degree of the exaction is in rough proportionality to the impact caused by the project
Conditions:
Planning:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the Pla
Unit development Amendment for the multifamily residential project entitled
Country At Aviara”, subject to the conditions herein set forth. Staff is authorize(
directed to make or require the Developer to make all corrections and modifications .
PUD 94-02(A) documents, as necessary to make them internally consistent and COI
to Planning Commission’s final action on the project. Development shall
substantially as shown on the approved exhibits. Any proposed develor
substantially different from this approval shall require an amendment to this app:
The conditions set forth in this resolution supercede all conditions set forth in Pla
Commission Resolution No. 3736 (PUD 94-02)
2. The Developer shall comply with all applicable provisions of federal, state and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36” mylar copy c
Site Plan as approved by the final decision making body. The Site Plan shall reflel
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map or improvement
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan cht
reduced, legible version of the approving resolution on a 24” x 36” blueline dra
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Said blueline drawing(s) shall also include a copy of any applicable Coastal Develol
Permit and signed approved site plan.
5. Building permits will not be issued for development of the subject property unles
District Engineer determines that sewer facilities are available at the time of applic
of such sewer permits and will continue to be available until time of occupancy.
6. The Developer shall pay the public facilities fee adopted by the City Council on Jul
1987 (amended July 2, 1991), and as amended from time to time, and any develol:
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Munj
Code or other ordinance adopted to implement a growth management system or Facj
and Improvement Plan and to fulfill the subdivider’s agreement to pay the p
facilities fee dated April 20, 1994, a copy of which is on file with the City Clerk a
incorporated by this reference. If the fees are not paid, this application will nc
consistent with the General Plan and approval for this project will be void.
7. This project shall comply with all conditions and mitigation measures which are req
as part of the Zone 19 Local Facilities Management Plan and any amendments mal
that Plan prior to the issuance of building permits. No special develop]
requirements apply.
8. If any condition for construction of any public improvements or facilities, or the pay]
of any fees in lieu thereof, imposed by this approval or imposed by law on this reside
housing project are challenged, this approval shall be suspended as provide1
Government Code Section 66020. If any such condition is determined to be invalid
approval shall be invalid unless the City Council determines that the project withou
condition complies with all requirements of law.
9. The Developer shall establish a homeowner’s association and corresponding coven;
conditions and restrictions. Said CC&Rs shall be submitted to and approved by
Planning Director prior to final map approval.
10. Prior to the issuance of the Building Permits, Developer shall submit to the Ci
Notice of Restriction to be filed in the office of the County Recorder, subject tc
satisfaction of the Planning Director, notifying all interested parties and SUCC~SSOI
interest that the City of Carlsbad has issued a Planned Unit Development Pel
Amendment by Resolution No. 3950 on the real property owned by the developer. 1
Notice of Restriction shall note the property description, location of the file contail
complete project details and all conditions of approval as well as any condition
restrictions specified for inclusion in the Notice of Restriction. The Planning Dire
has the authority to execute and record an amendment to the notice which modifie
terminates said notice upon a showing of good cause by the developer or successc
interest.
1 1. All visitor parking spaces shall be striped a different color than the assigned resic
parking spaces and shall be clearly marked as may be approved by the Planning Direcl
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12. An exterior lighting plan, including parking areas, shall be submitted for Pla
Director approval. All lighting shall be designed to reflect downward and avoi
impacts on adjacent homes or property.
13. No outdoor storage of material shall occur onsite unless required by the Fire Chie
such instance a storage plan will be submitted for approval by the Fire Chief an
Planning Director.
14. The Developer shall prepare a detailed landscape and irrigation plan in conformanct
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
shall be submitted to and approval obtained from the Planning Director prior t
approval of the final map, grading permit or building permit, whichever occurs first.
Developer shall construct and install all landscaping as shown on the approved plan
maintain all landscaping in a healthy and thriving condition, free from weeds, trasl
debris.
15. The first submittal of detailed landscape and irrigation plans shall be accompanied k
project’s building, improvement and grading plans.
16. Building identification and/or addresses shall be placed on all new and existing builc
so as to be plainly visible from the street or access road; color of identification a
addresses shall contrast to their background color.
17. The Developer shall display a current Zoning and Land Use Map in the sales office
times, or suitable alternative to the satisfaction of the Planning Director.
18. Prior to approval of the building permits, the Developer shall receive approval
Coastal Development Permit issued by the California Coastal Commission
substantially conforms to this approval. A signed copy of the Coastal Develop:
Permit must be submitted to the Planning Director. If the approval is substanl
different, an amendment to PUD 94-02(A) shall be required.
19. Prior to the recordation of the first final tract map or the issuance of building per
whichever occurs first, the Developer shall prepare and record a Notice that this pro:
is subject to overflight, sight and sound of aircraft operating from McClellan-Pal6
Airport, in a form meeting the approval of the Planning Director and the City Atto
(see Noise Form #2 on file in the Planning Department).
20. The Developer shall post aircraft noise notification signs in all sales and /or rental of
associated with the new development. The number and locations of said signs sha
approved by the Planning Director (see Noise Form #3 on file in the Plan
Department).
21. This project shall comply with all conditions and mitigation measures which are reql
as part of the approved CT (CT 94-03), as contained in Planning Commission Resoh
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22. Automatic garage door openers and roll-up type garage doors shall be requirc
garages for Units 1-10,29-35,39-44 and 48-51. Automatic door openers and r(
type garage doors may be installed on the other units at the developer’s discreti
EnEineering
23. All of the Engineering Conditions of Approval included in PUD 94-02, Plar
Commission Resolution No. 3736, are included herein by reference.
Water
24. The entire potable water system, reclaimed water system and sewer system sha
evaluated in detail to insure that adequate capacity, pressure and flow demands ct
met.
25. The Developer shall be responsible for all fees, deposits and charges which wi
collected before and/or at the time of issuance of the building permit. The San I
County Water Authority capacity charge will be collected at issuance of applicatio
meter installation.
26. Sequentially, the Developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection requirem
Also obtain G.P.M. demand for domestic and irrigational needs fiom appror
parties.
b) Prepare a colored reclaimed water use area map and submit to the Plar
Department for processing and approval.
c) Prior to the preparation of sewer, water and reclaimed water improvement pla
meeting must be scheduled with the District Engineer for review, comment
approval of the preliminary system layouts and usages, i.e. GPM - EDU.
27. This project is approved upon the expressed condition that building permits will nc
issued for development of the subject property unless the water district serving
development determines that adequate water service and sewer facilities are availab.
the time of application for such water service and sewer permits and will continue t
available until time of occupancy.
28. All private (onsite) irrigation for said project must be submitted to the City’s Lands(
Architect for processing.
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- Fire
29. Prior to the issuance of building permits, the Fire Department shall evaluate bu
plans for conformance with applicable fire and life safety requirements of the star
local Fire Codes.
30. Additional on-site public water mains and fire hydrants are required. Provide addi
public fire hydrants at intervals of 300 feet along public streets and private drive
Hydrants should be located at street intersections when possible, but should be posit
no closer than 100 feet from terminus of a street or driveway.
31. Applicant shall submit a site plan to the Fire Department for approval, which dt
location of required, proposed and existing public water mains and fire hydrants.
plan should include off-site fire hydrants within 200 feet of the project.
32. Applicant shall submit a site plan depicting emergency access routes, driveway:
traffic circulation for Fire Department approval.
33. An all weather access road suitable for emergency service vehicles shall be provide1
maintained during construction. When, in the opinion of the Fire Chief, the access
has become unserviceable due to inclement weather or other reasons, he may, il
interest of public safety, require that construction operations cease until the conditi
corrected.
34. All required water mains, fire hydrants and appurtenances shall be operational b
combustible building materials are located on the construction site.
35. Prior to final inspection, all security gate systems controlling vehicular access sha
equipped with a “Knox”, key-operated emergency entry device. Applicant shall co:
the Fire Prevention Bureau for specifications and approvals prior to installation.
36. Prior to building occupancy, private roads and driveways which serve as required a(
for emergency service vehicles shall be posted as fire lands in accordance witl
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
37. Prior to issuance of the building permit, the applicant shall obtain Fire Departr
approval of a wildland fuel management plan. The plan shall clearly indicate metl
proposed to mitigate and manage fire risk associated with native vegetation gro~
within 60 feet of structures. The plan shall reflect the standards presented in the
suppression element of the City of Carlsbad Landscape Guidelines Manual.
38. Prior to occupancy of buildings, all wildland fuel mitigation activities must be comp
and the condition of all vegetation within 60 feet of structures found to be in conform;
with an approved wildland fuel management plan.
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39. The applicant shall provide a street map which conforms to the following requiren
A 400 scale photo-reduction mylar, depicting proposed improvements and at leas
existing intersections or streets. The map shall also clearly depict street centel
hydrant locations and street names.
40. A monument sign shall be installed at the entrance to the driveway or private
indicating the addresses of the buildings on site.
General
41. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any such conditions fail to be so implemc
and maintained according to their terms, the City shall have the right to revoke or m8
all approvals herein granted; deny or further condition issuance of all future bui
permits; deny, revoke or further condition all certificates of occupancy issued undc
authority of approvals herein granted; institute and prosecute litigation to compel
compliance with said conditions or seek damages for their violation. No vested righ
gained by Developer or a successor in interest by the City’s approval of this Resoluti
Standard Code Reminders:
This project is subject to all applicable provisions of local ordinances including, but not lir
to, the following code requirements.
42. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
43. The Developer shall pay a landscape plan check and inspection fee as required by Sec
20.08/050 of the Carlsbad Municipal Code.
44. This approval shall become null and void if building permits are not issued for
project within 18 months from the date of project approval.
45. Approval of this request shall not excuse compliance with all applicable sections o
Zoning Ordinance and all other applicable City ordinances in effect at time of buil
permit issuance, except as otherwise specifically provided herein.
46. The project shall comply with the latest non-residential disabled access requirem
pursuant to Title 24 of the State Building Code.
47. All roof appurtenances, including air conditioners, shall be architecturally integrated
concealed from view and the sound buffered from adjacent properties and street:
substance as provided in Building Department Policy No. 80-6, to the satisfaction oi
Directors of Planning and Building.
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48. The Developer shall submit a street name list consistent with the City’s street
policy subject to the Planning Director’s approval prior to final map approval.
49. Compact parking spaces shall be located in large groups and in locations clearly m
to the satisfaction of the Planning Director.
50. Prior to occupancy of the first dwelling unit, the Developer shall provide all rec
passive and active recreational areas per the approved plans, including landscapin
recreational facilities.
51. All landscape and irrigation plans shall be prepared to conform with the Land:
Manual and submitted per the landscape plan check procedures on file in the Pla
Department.
52. Any signs proposed for this development shall at a minimum be designed in conforn
with the City’s Sign Ordinance and shall require review and approval of the Pla
Director.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plsu
Commission held on the 3rd day of July 1996, by the following vote, to wit:
AYES: Chairman Compas, Commissioners Heineman, Monroy, Niels
Noble, Savary and Welshons
NOES:
’ ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairpekon
CARLSBAD PLANNING COMMISSION
ATTEST:
,
Planning Director
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