HomeMy WebLinkAbout1997-10-15; Planning Commission; Resolution 4179z
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PLANNING COMMISSION RESOLUTION NO. 4179
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
SINGLE FAMILY HOMES ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF HUMMINGBIRD ROAD
BETWEEN ROCK DOVE STREET AND SANDERLING
COURT IN LOCAL FACILITIES MANAGEMENT ZONE 19
CASE NAME: AVIARA PLANNING AREA 3
CASE NO.: SDP 96-1 1
WHEREAS, Taylor-Woodrow Homes, “Developer”, has filed a vc
application with the City of Carlsbad regarding property owned by RDC Devco 11, ‘‘Oh
DEVELOPMENT PLAN NO. SDP 96-11 TO DEVELOP 20
described as
Lots 101 through 114 inclusive and lots 117 through 122
inclusive of CT 85-35 according to Map 12411 recorded June
29,1989
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Develo]
Permit as shown on Exhibits “A” - “N” dated October 15, 1997, on file in the Pla
Department, Aviara Planning Area 3 (SDP 96-11) as provided by Chapter 21.06 (
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of October
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pk
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Pla
Commission APPROVES Site Development Permit, SDP 96-11 based c
following findings and subject to the following conditions:
Findincs:
1. The Planning Director has found that, based on the EIA Part 11, this project was des1
in MEIR 93-01, EIR 82-3(A), and the Negative Declaration for CT 85-35, as withil.
scope; AND there will be no additional significant effect, not analyzed therein; ANI
no new or additional mitigation measures or alternative are required; AND that the:
this project is within the scope of the prior environmental documents; and nc
environmental document nor Public Resources Code 21 08 1 findings are required.
2. The Planning Commission finds that all feasible mitigation measures or p
alternatives identified in the MEIR 93-01 which are appropriate to this Subse
Project have been incorporated into this Subsequent Project.
3. The Planning Commission finds that all feasible mitigation measures or p
alternatives identified in MEIR 93-01 , EIR 82-3(A), and the Negative Declaration f
85-35 which are appropriate to this project have been incorporated into this project.
4. The Planning Commission finds that the project, as conditioned herein,
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 since the proposed dc
of 5.4 ddacre is within the density range of 4-8 ddac specified for the s
indicated on the Land Use Element of the General Plan, and is at or belo
growth control point of 6 ddac.
b. Circulation -
The project is consistent with the City’s General Plan since the street syste
the project is designed to comply with all applicable City regulations fc
residential streets and all parking required for the development is provid
compliance with all applicable City regulations.
C. Housing -
That the project is consistent with the Housing Element of the General Pla
the Inclusionary Housing Ordinance as the Developer has already entered iI
Affordable Housing Agreement to provide dwelling units as affordable to 1,
income households.
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5. The project is consistent with the City-Wide Facilities and Improvements Pla~
applicable local facilities management plan and all City public facility policie
ordinances since:
a. The project has been conditioned to ensure the building permits will not be j
for the project unless the District Engineer determines that sewer serv
available, and building cannot occur within the project unless sewer s8
remains available, and the District Engineer is satisfied that the requireme
the Public Facilities Element of the General Plan have been met insofar a:
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. All necessary public improvements have been provided or are requirc
conditions of approval.
d. 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 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.
6. 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 addil
requirements established by a Local Facilities Management Plan prepared pursue
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.
7. This project has been conditioned to comply with any requirement approved as part (
Local Facilities Management Plan for Zone 19.
8. That the project is consistent with the City’s Landscape Manual, adopted by City Cc
Resolution No. 90-3 84.
9. That the requested use is properly related to the site, surroundings and envirom
settings, is consistent with the various elements and objectives of the General Plan
not be detrimental to existing uses or to uses specifically permitted in the area in T
the proposed use is to be located, and will not adversely impact the site, surroundin
traffic circulation, in that the project is a single family detached residential pr
consistent with the R-M General Plan designation for the site, and will nc
detrimental to existing or permitted uses in the area in that the project is design
be compatible with the surrounding similar single family detached residt
neighborhood, and the streets have been designed to comply with all applicable
design standards.
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10. That the site for the intended use is adequate in size and shape to accommodate the I
that the project satisfies all applicable design criteria of the R-1 Zone and the A
Master Plan, including the minimum lot sue (7500 square feet)
1 1. That all yards, setbacks, walls, fences, landscaping, and other features necessary to
the requested use to existing or permitted fbture uses in the neighborhood w
provided and maintained, in that the proposed project complies with all a
applicable development standards of the R-1 Zone and the Aviara Master
including setback requirements and wallslfences and no other features are necr
to adjust the use to existing or permitted future uses in the neighborhood.
12. That the street systems serving the proposed use is adequate to properly handle all 1
generated by the proposed use, in that all of the streets for the development have
designed to meet the applicable City design standards and provides all req
parking in compliance with all applicable City requirements.
13. The Planning Commission has reviewed each of the exactions imposed on the Devt
contained in this resolution, and hereby finds, in this case, that the exactions are im
to mitigate impacts cause by or reasonably related to the project, and the extent a~
degree of the exaction is in rough proportionality to the impact caused by the projeci
Conditions:
Planning:
1. The Planning Commission does hereby APPROVE the Site Development Plan fc
project entitled Aviara Planning Area 3 (Exhibits “A” - “N” dated October 15,
on file in the Planning Department and incorporated by this reference, subject t
conditions herein set forth.) Staff is authorized and directed to make, or re
Developer to make, all corrections and modifications to the Site Development
document(s), as necessary, to make them internally consistent and in conformity
final action on the project. Development shall occur substantially as shown i
approved Exhibits. Any proposed development substantially different from this app
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 (
Site Plan as approved by the final decision making body. The Site Plan shall refle
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.
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’ 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 dra
Said blueline drawing(s) shall also include a copy of any applicable Coastal DeveloI
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Permit and signed approved site plan.
5. Building permits will not be issued for development of the subject property unle,
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 Ju
1987, (amended July 2, 1991) and as amended from time to time, and any develo]
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Mur
Code or other ordinance adopted to implement a growth management system or Fac
and Improvement Plan and to fulfill the subdivider’s agreement to pay the I
facilities fee dated November 1,1996, a copy of which is on file with the City Cler
is incorporated by this reference. If the fees are not paid, this application will I:
consistent with the General Plan and approval for this project will be void.
7. The Developer shall provide proof of payment of statutory school fees to mi
conditions of overcrowding as part of the building permit application. The am01
these fees shall be determined by the fee schedule in effect at the time of building F
application.
8. 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 mi
that Plan prior to the issuance of building permits.
9. Approval of SDP 96-11 is granted subject to the approval of CDP 96-11. SDP 96.
subject to all conditions contained in Planning Commission Resolution No. 418
CDP 96-11
10. The Developer shall establish a homeowner’s association and corresponding cove]
conditions and restrictions. Said CC&Rs shall be submitted to and approved b
Planning Director prior to final map approval. Prior to issuance of a building perm
Developer shall provide the Planning Department with a recorded copy of the ol
CC&Rs that have been approved by the Department of Real Estate and the Pla
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the Citv. The City shall have the right, but nc
obligation, to enforce those Protective Covenants set forth in this Declarati
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easements. I
event that the Association fails to maintain the “Common Area Lots and(
Association’s Easements” as provided in Article , Section the
shall have the right, but not the duty, to perform the necessary maintenance.
City elects to perform such maintenance, the City shall give written notice ’
Association, with a copy thereof to the Owners in the Project, setting forth
particularity the maintenance which the City finds to be required and requc
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the same be carried out by the Association within a period of thirty (30) days
the giving of such notice. In the event that the Association fails to carry OUI
maintenance of the Common Area Lots and/or Association’s Easements I
the period specified by the City’s notice, the City shall be entitled to cause
work to be completed and shall be entitled to reimbursement with respect tl
from the Owners as provided herein.
c. Special Assessments Levied by the City. In the event the City has performc
necessary maintenance to either Common Area Lots and/or Associa
Easements, the City shall submit a written invoice to the Association for all
incurred by the City to perform such maintenance of the Common Area Lo1
or Association’s Easements. The City shall provide a copy of such invo
each Owner in the Project, together with a statement that if the Association fi
pay such invoice in full within the time specified, the City will pursue collc
against the Owners in the Project pursuant to the provisions of this Section.
invoice shall be due and payable by the Association within twenty (20) dl
receipt by the Association. If the Association shall fail to pay such invoice :
within the period specified, payment shall be deemed delinquent and sh,
subject to a late charge in an amount equal to six percent (6%) of the am01
the invoice. Thereafter the City may pursue collection fi-om the Associati
means of any remedies available at law or in equity. Without limitin
generality of the foregoing, in addition to all other rights and remedies ava
to the City, the City may levy a special assessment against the Owners of ea(
in the Project for an equal pro rata share of the invoice, plus the late charge.
special assessment shall constitute a charge on the land and shall be a conti
lien upon each Lot against which the special assessment is levied. Each Ow
the Project hereby vests the City with the right and power to levy such s
assessment, to impose a lien upon their respective Lot and to bring all
actions and/or to pursue lien foreclosure procedures against any Owne
hisher respective Lot for purposes of collecting such special assessmc
accordance with the procedures set forth in Article of this Declaration
11. Prior to the issuance of the Building Permit, Developer shall submit to the City a 1
of Restriction to be filed in the office of the County Recorder, subject to the .satisf
of the Planning Director, notifying all interested parties and successors in interest tk
City of Carlsbad has issued a Site Development Plan by Resolution No. 4179 on tk
property owned by the Developer. Said Notice of Restriction shall note the prc
description, location of the file containing complete project details and all conditic
approval as well as any conditions or restrictions specified for inclusion in the No1
Restriction. The Planning Director has the authority to execute and record an amen’
to the notice which modifies or terminates said notice upon a showing of good ca1
the Developer or successor in interest.
12. The Developer shall prepare a detailed landscape and irrigation plan in conformanc
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
shall be submitted to and approval obtained fi-om the Planning Director prior
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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.
13. The first submittal of detailed landscape and irrigation plans shall be accompanied 1
project’s building, improvement, and grading plans.
14. 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.
15. All sales maps that are distributed or made available to the public shall include but r
limited to trails, future and existing schools, parks and streets.
16. Prior to approval of a Grading Permit or Building Permit, whichever comes
the developer must accomplish the recordation of a deed restriction on at leas
of the remaining undeveloped lots (Lots 115, 116, 123, 124, 125, 126, or 127) VI
this planning area (Planning Area 3) requiring that any development on that OL
provide a front yard setback of at least 24 feet.
17. Prior to approval of a Grading Permit or Building Permit, whichever comes
the developer must accomplish the recordation of a deed restriction on at leas
of the remaining undeveloped lots (Lots 115, 116, 123, 124, 125, 126, or 127) w
this planning area (Planning Area 3) requiring that any development on thosc
lots be restricted to a maximum building height of 20 feet (measured to the
peak) and a single story. This condition is not intended to prohibit architec
projections as described in Section 21.46.020 of the Carlsbad Municipal Code.
18. Prior to approval of a Grading Permit or Building Permit, whichever comes
the developer must revise the architecture for the residential structures on Lot!
and 122 to eliminate the 2’ high architectural projection and provide a
building height of no more than 20 feet to the highest point of the structures 6
satisfaction of the Planning Director.
19. Concurrent with development of the residential structures, the onsite Aviara M
Plan Trail System (SDG&E Parkway Trail) segment shall be constructed consi
with the approved Aviara Trails Exhibit (LCPA 3-95(C)) and the Aviara M
Plan requirements.
Engineering:
20 No sewer clean out or water meter shall be located within the driveway.
21. Driveway locations shall be per San Diego Regional Drawing G-16.
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Fire:
22. Prior to the issuance of building permits, complete building plans shall be approv
the Fire Department.
23. Additional on-site public water mains and fire hydrants are required.
24. Applicant shall submit a site plan to the Fire Department for approval, which dc
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.
25. Applicant shall submit a site plan depicting emergency access routes, driveway:
traffic circulation for Fire Department approval.
26. An all weather, unobstructed access road suitable for emergency service vehicles Shi
provided and maintained during construction. When in the opinion of the Fire Chie
access road has become unserviceable due to inclement weather or other reasons, he
in the interest of public safety, require that construction operations cease unti
condition is corrected.
27. All required water mains, fire hydrants and appurtenances shall be operational E:
combustible building materials are located on the construction site.
28. Prior to final inspection, all security gate systems controlling vehicular access sha
equipped with a “Knox”, key-operated emergency entry devise. Applicant shall co
the Fire Prevention Bureau for specifications and approvals prior to installation.
29 Prior to building occupancy, private roads and driveways which serve as required ai
for emergency service vehicles shall be posted as fire lanes in accordance wit1
requirements of section 17.04.020 of the Carlsbad Municipal Code.
30. Native vegetation which presents a fire hazard to structures shall be modified or rem
in accordance with the specifications contained in the City of Carlsbad Lands
Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Department for approval.
31. The applicant shall provide a street map which conforms to the following requirem
A 400 scale photo-reduction mylar, depicting proposed improvements and at least
existing intersections or streets. The map shall also clearly depict street center1
hydrant locations and street names.
Water:
32. The entire potable water system, reclaimed water system and sewer system shal
evaluated in detail to insure that adequate capacity, pressure and flow demands ca
met.
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33. The Developer shall be responsible for all fees, deposits and charges which w
collected before and/or at the time of issuance of the building permit. The San 1
County Water Authority capacity charge will be collected at issuance of applicatic
meter installation.
34. Sequentially, the Developers’ Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requiren
Also obtain GPM. demand for domestic and irrigational needs from appro-
parties.
b. Prepare a colored reclaimed water use area map and submit to the Pla:
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement pl,
meeting must be scheduled with the District Engineer for review, commer
approval of the preliminary system layouts and usages (i.e., GPM - EDU).
35. This project is approved upon the expressed condition that building permits will n
issued for development of the subject property unless the water district servinl
development determines that adequate water service and sewer facilities are availal
the time of application for such water service and sewer permits will continue .
available until time of occupancy.
General:
36. 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 k
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance (
future building permits; deny, revoke or further condition all certificates of occup
issued under the authority of approvals herein granted; institute and prosecute litigatil
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.
Code Reminders:
This project is subject to all applicable provisions of local ordinances, including but not lir
to the following code requirements.
’ 37. The Developer shall pay a landscape plan check and inspection fee as required by Sel
20.08.050 of the Carlsbad Municipal Code.
38. 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:
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permit issuance, except as otherwise specifically provided herein.
39. 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the pla
Commission of the City of Carlsbad, California, held on the 15th day of October 1997, b
following vote, to wit:
AYES: Chairperson Nielsen, Commissioner Compas, Heineman
Noble
NOES: None
ABSENT: Commissioner Monroy, Savary and Welshons
ABSTAIN: None
'. 7
l4 15 &- 16 ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
1
MICHAEL J. H~LZM~LER
Planning Director
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