HomeMy WebLinkAbout1996-09-18; Planning Commission; Resolution 3983\
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PLANNING COMMISSION RESOLUTION NO. 3983
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A SITE DEVELOPMENT PLAN NO. SDP
FOOTPRINTS AND FLOOR PLANS FOR 72 SINGLE FAMILY
DWELLING UNITS ON PROPERTY GENERALLY LOCATED
ALONG THE NORTH SHORE OF BATIQUITOS LAGOON,
SOUTH OF THE SPINNAKER HILLS DEVELOPMENT AND
WEST OF THE AVIARA MASTER PLAN.
CASE NAME: BROCCATO
CASE NO.: SDP 89-07(A)
WHEREAS, Brookfield Davidson Homes, Inc. “Developer” has filed
verified application with the City of Carlsbad regarding property owned by Odmark 1
Theland and The Davidson Companies Partnership “Owner”, described as
89-07(A) TO REVISE BUILDING ELEVATIONS,
Lot 1 thru 81 inclusive of Carlsbad Tract 89-19,
according to Map 12902, filed December 11,1991.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Si1
Development Plan Amendment to revise the building elevations, footprints and floa
plans for 72 single family dwelling units as shown on Exhibits “A”-“M”, date
September 18, 1996, on file in the Planning Department and incorporated by th
reference (“Site Development Plan Amendment for Broccato” SDP 89-07(A)) a
provided by Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of Septembe
1996, hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering a1
testimony and arguments, if any, of all persons desiring to be heard, said Commissiol
~ considered all factors relating to SDP 89-07(A); and
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WHEREAS, the City Council did hold a duly noticed public hearing
prescribed by law and at said public hearing did approve Broccato, SDP 89-07, Resolutic
No. 91-5 dated January 8,1991.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir
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 Cornissic:
APPROVES Site Development Plan Amendment, SDP 89-07(A), based (
the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environment,
settings, is consistent with the various elements and objectives of the General Pla
will not be detrimental to existing uses or to uses specifically permitted in the area j
which the proposed use is to be located, and will not adversely impact the sit
surroundings or traffic circulation, in that; (a) the redesigned single famil
residences will continue to be compatible with surrounding residential and ope
space land uses, and (b) significant environmental resources located upon an1
adjacent to the project site, i.e. coastal sage scrub habitat and the Batiquita
Lagoon wetlands will continue to be preserved in open space. The project is als
consistent with the Land Use Element of the General Plan as the project’s nt
density of 3.1 du/acre is well below the site’s maximum permitted net density c
5.03 du/acre.
2. That the site for the intended use is adequate in size and shape to accommodate thl
use, in that all applicable R-1-7500 development standards have been met o
exceeded.
3. That all yards, setbacks, walls, fences, landscaping and other features necessary tl
adjust the requested use to existing or permitted future uses in the neighborhood wil
be provided and maintained, in that consistent with the existing approved Broccatl
Site Development Plan; (a) single story units will be located on specific lots fo
purposes of preserving lagoon views for neighboring residents, (b) all previousk
approved common open space areas will be preserved, (c) all R-1-7500 zonc
development standards will continue to be complied with, and (d) approve(
project landscape plans will require no modification.
...
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4. That the street systems serving the proposed use is adequate to properly handle :
traffic generated by the proposed use, in that the project’s primary access wq
(Batiquitos Drive and Gabbiano Lane) have adequate capacity to accommoda
anticipated project traffic.
5. The Planning Commission finds that:
a. there was an EIR (EIR 89-01) certified in connection with the prior
Development Plan and a Master EIR (MEIR 93-01) certified in conne
with the Carlsbad 1994 General Plan, of which this is a subsequent projt
b. the project has no new significant environmental effect not analyzed as signi
in the prior EIR; and
c. none of the circumstances requiring Subsequent or a Supplemental EIR 1
CEQA Guidelines Sections 15 162 or 15 163 exist.
6. The Planning Commission finds that all feasible mitigation measures or PI
alternatives identified in the EIR 89-01 which are appropriate to this amended PI
have been incorporated into this amended Project.
7. The Planning Director has found that, based on the EIA Part 11, this Subsequent PI
was described in the MEIR 93-01 as within its scope; AND there will be no addil
significant effect, not analyzed therein; AND that no new or additional mitig
measures or alternatives are required; AND that therefore this Subsequent Projt
within the scope of the prior EIR; and no new environmental document nor P
Resources Code 2 108 1 findings are required.
8. The Planning Commission finds that all feasible mitigation measures or PI
alternatives identified in the MEIR 93-01 which are appropriate to this Subsec
Project have been incorporated into this Subsequent Project.
9. The Planning Commission finds that the project, as conditioned herein for SDP
07(A), is in conformance with the Elements of the City’s General Plan, based or
following:
a. Land Use - The project site is designated RLM and RM. The Land
Element specifies that the revised single family residential use is consi
with the RLM and RM General Plan designations. The project’s net del
of 3.1 du/acre is well below the site’s maximum permitted net density of
ddacre.
b. Noise - All required acoustical mitigation measures identified in EIR 8
have been conditioned to be incorporated into the project.
c. Housing - That the project is consistent with the Housing Element of the Gel
Plan and the Inclusionary Housing Ordinance as the Developer has
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conditioned to pay an inclusionary housing impact fee.
d. Open Space and Conservation - All previously approved common open
areas, i.e. coastal sage scrub and Batiquitos Lagoon wetlands and bl
shall continue to be preserved in open space.
10. The project is consistent with the City-Wide Facilities and Improvements Plar
applicable local facilities management plan, and all City public facility policie:
ordinances since:
a. The project has been conditioned to ensure that building permits will not be i
for the project unless the District Engineer determines that sewer servl
available, and building cannot occur within the project unless sewer sc
remains available, and the District Engineer is satisfied that the requiremer
the Public Facilities Element of the General Plan have been met insofar as
apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school facilit
the Carlsbad Unified School District.
c, Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or are require
conditions of approval.
e. The Developer has agreed and is required by the inclusion of an appro]
condition to pay a public facilities fee. Performance of that contract and pay
of the fee will enable this body to find that public facilities will be avai
concurrent with need as required by the General Plan.
11. The project has been conditioned to pay any increase in public facility fee, or
construction tax, or development fees, and has agreed to abide by any addit
requirements established by a Local Facilities Management Plan prepared pursua
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabili
public facilities and will mitigate any cumulative impacts created by the project.
12. This project has been conditioned to comply with any requirement approved as part o
Local Facilities Management Plan for Zone 19.
13. The project is consistent with the Comprehensive Land Use Plan (CLUP) for
McClellan-Palomar Airport, dated April, 1994, as conditioned the applicant shall recc
notice concerning aircraft noise). The project is compatible with the projected I
levels of the CLUP; and, based on the noise/land use compatibility matrix of the CL
the proposed land use is compatible with the airport, in that the single family reside]
project is located outside of the 60 CNEL Noise Contour for Palomar Airport.
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14. That the project is consistent with the City's Landscape Manual, adopted by City CI
Resolution No. 90-384.
Conditions:
1. The Planning Commission does hereby approve the Site Development
Amendment project entitled "Broccato" SDP 89-07(A) Exhibits "A"-"M"
September 18, 1996, on file in the Planning Department and incorporated b!
reference, subject to the conditions herein set forth. All other conditions and appr
of said prior permits, i.e. CT 89-19, SDP 89-07 and HDP 89-37, as amended ta
and not amended by this action remain in full force and effect. Staff is authc
and directed to make or require the Developer to make all corrections and modifics
to the exhibits and/or documents, as necessary to make them internally consistent a
conformity with final action on the project. Development shall occur substantial
shown on the approved exhibits. Any proposed development substantially different
this approval, shall require an amendment to this approval,
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 reflec
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 chc
reduced, legible version of the approving resolutions on a 24" x 36" blueline &a\
Said blueline drawing shall also include a copy of any applicable Coastal Develop:
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
for 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 Jull
1987 (amended July 2, 1991) and as amended from time to time, and any develop]
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Munil
Code or other ordinance adopted to implement a growth management system or Faci:
and Improvement Plan and to fulfill the subdivider's agreement to pay the public faci
fee dated July 23,1996, a copy of which is on file with the City Clerk and is incorpol
by this reference. If the fees are not paid, this application will not be consistent wit]
General Plan and approval for this project will be void.
7. The Developer shall provide proof of payment of statutory school fees to miti
conditions of overcrowding as part of the building permit application. The amow
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8.
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these fees shall be determined by the fee schedule in effect at the time of building 1:
application.
This project shall comply with all conditions and mitigation measures which are rec
as part of the Zone 19 Local Facilities Management Plan and any amendments m:
that Plan prior to the issuance of building permits
If any condition for construction of any public improvements or facilities, or the pas
of any fees in lieu thereof, imposed by this approval or imposed by law on this resid
housing project are challenged this approval shall be suspended as providc
Government Code Section 66020. If any such condition is determined to be invalil
approval shall be invalid unless the City Council determines that the project with01
condition complies with all requirements of law.
SDP 89-07(A) is subject to all conditions and mitigation measures contain1
Planning Commission Resolutions No. 3108,3110,3111 and 3112 for EIR 89-0:
89-19, SDP 89-07 and HDP 89-37, except as modified in this resolution.
The Developer shall diligently implement, or cause the implementation of, all mitig
measures identified in the Final MEIR 93-01 that are found by this resolution .
feasible.
Prior to the issuance of residential building permits, the Developer shall submit t
City a Notice of Restriction to be filed in the office of the County Recorder, subject 1
satisfaction of the Planning Director, notifying all interested parties and successc
interest that the City of Carlsbad has issued a Site Development Plan Amendme]
Resolution No. 3983 on the real property owned by the Developer. Said Noti
Restriction shall note the property description, location of the file containing con
project details and all conditions of approval as well as any conditions or restric
specified for inclusion in the Notice of Restriction. The Planning Director ha!
authority to execute and record an amendment to the notice which modifies or temi
said notice upon a showing of good cause by the Developer or successor in interest.
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.
All sales maps that are distributed or made available to the public shall include, but n
limited to, trails, future and existing schools, parks and streets.
The Developer shall implement, or cause the implementation of, the Broccato pr,
Mitigation Monitoring and Reporting Program.
The Developer, or their successors in interest, shall improve the project Site wit1
project as described in the Final EIR 89-01, except as modified by this resolution.
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17. Prior to the issuance of building permits, the Developer shall prepare and record a P
that this property may be subject to noise impacts from the proposed or ex
Interstate 5 Transportation Corridor, in a form meeting the approval of the Pla
Director and City Attorney (see Noise Form #1 on file in the Planning Department).
18. Prior to the issuance of building permits, the Developer shall prepare and record a T
that this property is subject to overflight, sight and sound of aircraft operating
McClellan-Palomar Airport, in a form meeting the approval of the Planning Directc
the City Attorney (see Noise Form #2 on file in the Planning Department).
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19. The Developer shall post aircraft noise notification signs in all sales and/or rental o
associated with the new development. The number and locations of said signs sh;
approved by the Planning Director (see Noise Form #3 on file in the Pla.
Department).
20. Prior to the issuance of building permits, the Developer shall pay to the Ci
inclusionary housing impact fee as an individual fee on a per market rate dwellin!
basis.
21. Removal of native vegetation and development of Open Space Lots 49, 50, 61, 7
and 79 including, but not limited to, fences, walls, decks, storage buildings, pools,
stairways and landscaping, other than that approved as part of the grading
improvement plans, biological revegetation program, landscape plan, etc., as shou
Exhibit “A”, is specifically prohibited, except upon written order of the Carlsbad
Department for fire prevention purposes, or upon written approval of the Plm
Director and California Coastal Commission if in Coastal Zone, based upon a re
from the Homeowners Association accompanied by a report from a qua
arboristhotanist indicating the need to remove specified trees and/or plants becau
disease or impending danger to adjacent habitable dwelling units. For areas conta:
native vegetation the report required to accompany the request shall be prepared
qualified biologist.
22. This approval shall become null and void if building permits are not issued for
project within 18 months fi-om the date of project approval.
23. 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 bui
permit issuance, except as otherwise specifically provided herein.
24. Any signs proposed for this development shall at a minimum be designed in conform
with the City’s Sign Ordinance and shall require review and approval of the Plan
Director prior to installation of such signs.
25. Those decks and porches labeled as “optional” on Exhibits “B”-“M”, shall on1
permitted subject to compliance with required building setbacks.
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26. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to ’
implemented and maintained according to their terms, the City shall have the ri
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further condition all certificates of occu
issued under the authority of approvals herein granted; institute and prosecute litigat
compel their compliance with said conditions or seek damages for their violation
vested rights are gained by Developer or a successor in interest by the City’s appro
this Site Development Plan.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the pla
Commission of the City of Carlsbad, California, held on the 18th day of September 1996,l
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Monroy, Nic
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
,
v MICHAEL J. HOLZMIMER
Planning Director
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