HomeMy WebLinkAbout1997-11-05; Planning Commission; Resolution 41830 0
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PLANNING COMMISSION RESOLUTION NO. 4183
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
SINGLE FAMILY DETACHED CONDOMINIUM UNITS ON
PROPERTY GENERALLY LOCATED ON THE NORTHWEST
CORNER OF HARWICH DRIVE AND EDGEWARE WAY IN
LOCAL FACILITIES MANAGEMENT ZONE 7
CASE NAME: CALAVERA HILLS VILLAGE L-1
CASE NO.: SDP 97-03
WHEREAS, Clurman Company, Inc., “Developer”, has filed a ve
application with the City of Carlsbad regarding property owned by Clurman Company,
“Owner”, described as
DEVELOPMENT PLAN NO. SDP 97-03 TO DEVELOP 35
Lot 1 of Carlsbad Tract No. 85-30 in the City of Carlsbad,
County of San Diego, State of California; According to Map
No. 11826, Filed in the Office of the County Recorder of San
Diego County May 29,1987.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Develop:
Plan as shown on Exhibit(s) “A” - “Q” dated November 5, 1997, on file in the Plar
Department, Site Development Plan SDP 97-03 as provided by Chapters 21.06 and 21.f
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of November 1
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 testin
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa(
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plam
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 Plar
Commission APPROVES Site Development Plan, SDP 97-03 based 011
following findings and subject to the following conditions:
Findings
1. That the requested use is properly related to the site, surroundings and environn
settings, is consistent with the various elements and objectives of the General Plar
not be detrimental to existing uses or to uses specifically permitted in the area in 1
the proposed use is to be located, and will not adversely impact the site, surroundin
traffic circulation, in that:
a. The proposed 35 residential units would be accommodated on the exi
level areas of the property without encroaching into the steep coastal
covered slopes located in the western portion of the site. The project P
not have a significant impact on the environment, as discussed il
Environmental Review Section V. of the staff report
b. The property has a Residential Medium High (RMH) General Plan Lanc
designation that allows the development of low rise condominium pra
that range in density from 8 to 15 du/acre with an 11.5 du/acre gr
management control point. The project will include 35 deta
condominium units developed at a density of 8.3 dwelling units per net
therefore, the project is consistent with the allowed density and lanc
designation of the General Plan.
c. Pursuant to Housing Element Policy 3.6.b (15% Inclusionary Hot
Requirement), this project is required to provide 15% of it’s total unit!
units x .15 = 5.25 units) as affordable to lower income households. Consi:
with this policy, the project will provide 5 condominium units which
affordable to lower income households. The remaining one-quarter
inclusionary housing requirement will be satisfied through the payment {
inclusionary housing in-lieu fee to the City. All of the 5 afforc
condominium units will have 4 bedrooms, thereby helping the City to ach
it’s large bedroom housing policy objective (Housing Element Policy 3.2).
d. The proposed two story detached residential units would be compatible
the surrounding residential development. The proposed detached si
family condominium land use would be visually and operationally
intensive, and therefore, compatible with the duplex condominiums tc
north and the multi-family units to the west. An 11 to 30 foot buill
setback from Harwich Drive in association with the construction t
masonry wall with landscaping along Harwich Drive and Edgeware ’
would provide an adequate buffer between this project and the public strl
PC RES0 NO. 4 183 -2-
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e. The project would provide adequate onsite parking and circulation to
the needs of the residents and their guests, and it would not impac
availability of offsite street parking. Additionally, sidewalks and dra
facilities would be provided along the project's street frontages to sen
project.
f. Adequate primary and secondary emergency access is provided
Edgeware Way and a utility easement off of Harwich Drive respectively.
24 foot private street is wide enough to accommodate emergency vel
and the project would be conditioned to prohibit parallel parking alon
central access way. The project has been reviewed and approved by thc
Department.
2. That the site for the intended use is adequate in size and shape to accommodate the u
that the proposed project as designed provides reasonably sized single fi
detached condominium units with exclusive use yard areas, adequate par
recreation and landscaping, and an adequate street system to handle the pro
traffic.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to i
the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that the project complies with all development stanc
of the RD-M zone, and the Planned Development Ordinance except as discuss
finding #5 below.
4. That the street systems serving the proposed use is adequate to properly handle all t
generated by the proposed use, in that the 35 single family detached condomi:
units would generate approximately 350 ADT which can be adequately handlt
the new private streets designed in the project as well as the existing (Hal
Drive) and proposed (Edgeware Way) surrounding circulation system.
proposed circulation system will provide adequate primary and secom
(emergency) access to and from all units, adequate room for vehicular movem
two-car garages for each unit for resident parking, and adequate on-site I
parking.
5. Consistent with Chapter 21.85 of the Carlsbad Municipal Code, this proje
providing five affordable housing units. Pursuant to Section 21.53.120(c) 0'
Carlsbad Municipal Code, in order to provide these affordable housing units, 1
development standards modifications (economic incentives) are being reque
The proposed development standards modifications and findings of approva
each are as follows:
a. The existing Planned Development Ordinance requires at a minimum 30
wide private streets/driveways, however, the project's proposed 24 foot
private street would be adequate to provide safe and efficient tr 1 PC RES0 NO. 4183 -3-
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circulation, vehicle turn movements and emergency access. The (
Parking Ordinance requires a minimum standard width of 24 feet for :
way traffic aisle containing 90 degree parking on both sides. A 24 fool
driveway aisle provides adequate separation and distance for ve
backing out of garages and guest parking spaces and adequate separatil.
two-way traffic. Prior to January, 1987 the City’s Planned Develoz
Ordinance permitted 24 foot wide private streetddriveways in Resid
Planned Unit Developments. Under this old ordinance, the existing I
family projects surrounding Village L-1 in Calavera Hills were deve
with 24 foot wide private streetddriveways. Based on these neighb
residential developments, the 24 foot wide driveways have been p
functional and historically have not resulted in traffic circulation and I
safety problems.
b. The existing Planned Development Ordinance requires that garages
entries that face directly onto a public or private street shall maint
minimum setback of 20 feet. This 20 foot minimum garage setback star
ensures that resident or guest vehicles which are parked in such drivr
do not encroach into the right-of way of the fronting public or private s
However, based upon the fact that the average motor vehicle (exch
recreational vehicles) measures between 15 feet and 17 feet in lengtl
proposed minimum 18 foot garage setback would be adequate to all0
the typical resident or guest motor vehicle to be parked in the dri\
without encroaching into the private streets or sidewalks Additionally,
the project units shall be conditioned to be equipped with garage
openers.
c. This project proposes exclusive use areas (lots) which average 3,500 st
feet in area but do not comply with the 3,500 square foot minimum lot
However, this reduced lot size will not result in any impacts to public hc
safety and welfare and will accomplish the General Plan (Housing Eler
objective of providing a diversity of housing types for lower-in
households.
6. a. The Planning Director has found that, based on the EIA Part 11, this Subsec
Project was described in the MEIR 93-01 as within its scope; AND there w
no additional significant effect, not analyzed therein; AND that no ne
additional mitigation measures or alternatives are required; AND that the1
this Subsequent Project is within the scope of the prior EIR; and no
environmental document nor Public Resources Code 21081 findings are requ
b. The Planning Commission finds that all feasible mitigation measures or p~
alternatives identified in the MEIR 93-01 which are appropriate to
Subsequent Project have been incorporated into this Subsequent Project.
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I 1 PC RES0 NO. 4183 -4-
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7. Planning Commission finds that:
a. the project is a Subsequent Project described in CEQA Guidelines - 15 168
and (4;
b. the project is consistent with the City of Carlsbad General Plan Update ;
c. there was an MEIR certified in connection with the prior General Plan Upd:
d. the project has no new significant environmental effect not analyzed as signi:
in the prior MEIR ;
e. none of the circumstances requiring Subsequent or a Supplemental EIR I
CEQA Guidelines Sections 15 162 or 15 163 exist;
8. The Planning Commission finds that the project, as conditioned herein for SDP 9
is in conformance with the Elements of the City's General Plan, based on the followil
a. Land Use - The project is consistent with the City's General Plan sincc
proposed density of 8.3 ddacre is within the density range of 8-15 du
specified for the site as indicated on the Land use Element of the General :
and is at or below the growth control point of 1 1.5 du/acre.
b. Housing - That the project is consistent with the Housing Element of the Ge
Plan and the Inclusionary Housing Ordinance as the Developer has
conditioned to enter into an Affordable Housing Agreement to provide and
restrict 5 dwelling units as affordable to lower-income households.
That the project is consistent with the Housing Element of the General Plan
the Inclusionary Housing Ordinance as the Developer has been conditione
enter into an Affordable Housing Agreement to provide and deed restri
dwelling units as affordable to lower-income households and to purchase
credit as permitted pursuant to Section 21.85.040(c) of the Carh
Municipal Code.
9. 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 ser
remains available, and the District Engineer is satisfied that the requirement
the Public Facilities Element of the General Plan have been met insofar as 1
apply to sewer service for this project.
~ PC RES0 NO. 4 183 -5-
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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.
10. 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 addil
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.
1 1. This project has been conditioned to comply with any requirement approved as part c
Local Facilities Management Plan for Zone 7.
12. That the project is consistent with the City’s Landscape Manual, adopted by City Co
Resolution No. 90-384.
Conditions:
1. The Planning Commission does hereby APPROVE the Site Development Plan fo.
project entitled CALAVERA HILLS VILLAGE L-1 (Exhibit(s) “A7’ - “Q C
November 5, 1997, on file in the Planning Department and incorporated by
reference, subject to the conditions herein set forth.) Staff is authorized and directe
make, or require Developer to make, all corrections and modifications to the
Development Plan document(s), as necessary, to make them internally consistent an
conformity with final action on the project. Development shall occur substantial1
shown in the approved Exhibits. Any proposed development substantially different i
this approval, shall require an amendment to this approval.
2. If any of the foregoing conditions fail to occur; or if they are, by their terms, tc
implemented and maintained over time; if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the righ
revoke or modify all approvals herein granted; deny or further condition issuance 0:
future building permits; deny, revoke or further condition all certificates of occups
issued under the authority of approvals herein granted; institute and prosecute litigatio
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 approva
this Resolution.
PC RES0 NO. 4183 -6-
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3. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
4. 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.
5. 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 dral
Said blueline drawing(s) shall also include a copy of any applicable Coastal Develop
Permit and signed approved site plan.
6. 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.
7. 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 develop]
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Muni
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 March 6, 1997, a copy of which is on file with the City Clerk ar
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.
8. The Developer shall provide proof of payment of statutory school fees to miti
conditions of overcrowding as part of the building permit application. The amoux
these fees shall be determined by the fee schedule in effect at the time of building pe
application.
9. This project shall comply with all conditions and mitigation measures which are req1
as part of the Zone 7 Local Facilities Management Plan and any amendments mac,
that Plan prior to the issuance of building permits.
10. If any condition for construction of any public improvements or facilities, or the payr
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 provide(
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.
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PC RES0 NO. 4183 -7-
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Commissions Resolution 4181 and 4182 for the Tentative Map and Condomil 2
1 1. Approval of SDP 97-03 is granted subject to the approval of CT 97-04 and CP 9
SDP 97-03 is subject to all conditions contained in CT 97-04 and CP 97-02 Pla
3 /I - Permit.
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12. Building identification and/or addresses shall be placed on all new and existing buili
so as to be plainly visible from the street or access road; color of identification a
addresses shall contrast to their background color.
.I.
13. Prior to occupancy of any units, the developer shall construct a directory sign a
entrance to the project. The design of this sign shall be approved by the Plar
Director.
14. This project shall comply with all conditions and mitigation measures which are req
as part of the approved CT 97-04, and CP 97-02 , as contained in Planning Commi
Resolutions No. 4181 and 4182.
15. This approval shall become null and void if building permits are not issued for
project within 18 months from the date of project approval.
16. 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.
17. The project shall comply with the latest non-residential disabled access requirem
pursuant to Title 24 of the State Building Code.
18. 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 of
Directors of Planning and Building.
19. Prior to occupancy of the first dwelling unit the Developer shall provide all requ
passive and active recreational areas per the approved plans, including landscaping
recreational facilities.
20. All landscape and irrigation plans shall be prepared to conform with the Landsc
Manual and submitted per the landscape plan check procedures on file in the Plm
Department.
2 1. Any signs proposed for this development shall at a minimum be designed in conform2
with the City’s Sign Ordinance and shall require review and approval of the Plm
Director prior to installation of such signs.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the pla
Commission of the City of Carlsbad, California, held on the 5th day of November 1997, I:
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners, Compas, Heinc
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None w ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
V. MICHAEL J. HOLZM~LER
Planning Director
PC RES0 NO. 4 183 -9-