Loading...
HomeMy WebLinkAbout1997-10-15; Planning Commission; Resolution 4179z 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 e 0 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: ... I1 II e 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 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. I PC RES0 NO. 4179 -2- 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 ~ e 0 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. I ... PC RES0 NO. 4179 -3 - 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 0 0 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. I ’ 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 PC RES0 NO. 4179 -4- 0 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 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 -, PC RES0 NO. 4179 -5- II I1 e 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 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 PC RES0 NO. 4179 -6- 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 0 0 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. I ... 1 PC RES0 NO. 4179 -7- 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 e 0 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. I PC RES0 NO. 4179 -8- 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 e 0 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: PC RES0 NO. 4179 -9- I 1 2 3 4 5 6 7 8 9 10 11 12 13 e 0 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 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 1 MICHAEL J. H~LZM~LER Planning Director PC RES0 NO. 4179 -10-