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HomeMy WebLinkAbout1996-09-18; Planning Commission; Resolution 3983\ i ;I) Aa 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 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 ’ @ 0 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 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. ... PC RES0 NO. 3983 -2- c 0 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 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 PC RES0 NO. 3983 -3 - II e 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 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. PC RES0 NO. 3983 -4- .I m 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 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 PC RES0 NO. 3983 -5- /I * 0 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 8. 9. 10. 11. 12. 13. 14. 15. 16. I 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. I . .. PC RES0 NO. 3983 -6- 0 c, 1 2 3 4 5 < 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). 6 II 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 3983 -7- 0 ., 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 ~ 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 PC RES0 NO. 3983 -8-