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HomeMy WebLinkAbout1998-02-04; Planning Commission; Resolution 4240L. 1% 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 PLANNING COMMISSION RESOLUTION NO. 4240 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING TO ALLOW THE CONSTRUCTION OF 116 AFFORDABLE APARTMENT UNITS ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1 8. CASE NAME: RANCHO CARRILLO FAMILY HOUSING CASE NO. : SDP 97-15 WHEREAS, Carlsbad Family Housing Partnership, “Developer”, h verified application with the City of Carlsbad regarding property owned by Continenta Inc., “Owner”, described as APPROVAL OF SITE DEVELOPMENT PLAN NO. SDP 97-15 Those portions of Sections 18 and 19, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, Shown as Lot 207, C.T. 97-02. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Dev Plan as shown on Exhibit(s) “A” - “T” dated February 4, 1998, on file in the Department, RANCHO CARRILLO FAMILY HOUSING SDP 97-15 as provided b 2 1.06/Section 2 1 S3.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of Februal 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 t and arguments, if any, of all persons desiring to be heard, said Commission considered 2 relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: *. .. ll 0 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 Commission RECOMMENDS APPROVAL OF RANCHO CAI FAMILY HOUSING SDP 97-15 based on the following findings and : the following conditions: Findings: 1. That the requested use is properly related to the site, surroundings and envir settings, is consistent with the various elements and objectives of the General 1 not be detrimental to existing uses or to uses specifically permitted in the area the proposed use is to be located, and will not adversely impact the site, surrou traffic circulation, in that: a. The proposed 116 units would be accommodated on the existing level the property. The project would not have a significant impac environment, as discussed in the Environmental Review Section 1 staff report. b. The property has a Residential High Density (RH) General Plan L designation that allows the development of a low rise apartmenf consisting of 116 units with a proposed density of 16.6 ddacre. This I within the RH density range of 15-23 du/acre and below the growtl point of 19 du/acre. Therefore, the project is consistent with the density and land use designation of the General Plan. c. This project consists entirely of affordable units to meet the require the Inclusionary Housing Ordinance and implement the provision Affordable Housing Agreement for the Rancho Carrillo Master Plan. d. The proposed affordable apartment units would be compatible I surrounding residential development. The proposed multi-family re: land use would be compatible with multi-family development to tl and proposed multi-family duplex development to the east. Mull residential development would be separated from non-re, development to the north by Palomar Airport Road. e. The project would provide adequate onsite parking and circulation the needs of the residents and their guests, and it would not iml availability of offsite street parking. Additionally, sidewalks and i facilities would be provided along the project’s street frontages to s project. f. Adequate primary and secondary emergency access is provided f public street serving the community and access to Melrose Drive. I PC RES0 NO. 4240 -2- <. I~ 0 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 foot public street is wide enough to accommodate emergency vehicle$ 2. That the site for the intended use is adequate in size and shape to accommodate t that the proposed project as designed provides reasonably sized one, two a bedroom affordable apartment units with balconies or porches, adequate recreation and landscaping, and an adequate street system to handle the traffic. 3. That the site is physically suitable for the type and density of the development site is adequate in size and shape to accommodate residential development at th proposed in that the residential development complies with all city poli standards, including zoning. 4. That the street systems serving the proposed use are adequate to properly 1- traffic generated by the proposed use, in that 116 multiple family apartmc would generate approximately 928 ADT which can be adequately handle new public streets designed in the project as well as the existing sur1 circulation system consisting of Melrose Drive and Palomar Airport Roi proposed circulation system will provide adequate primary and st (emergency) access to and from all units, adequate room for vehicular mc adequate resident and on-site guest parking. 5. The Planning Commission finds that the Planning Director has determined ; a. the project is a Subsequent Development as described in CEQA G. 15168(c)(2) and (e), and 15183; b. the project is consistent with the General Plan Master EIR (ME1 and Rancho Carrillo Master Plan Final EIR 91-04; c. there were EIRs certified in connection with the prior 1994 Gene Update and Rancho Carrillo Master Plan; d. the project has no new significant environmental effect not ana significant in the prior EIRs; e. None of the circumstances requiring Subsequent or a Suppleme1 under CEQA Guidelines Sections 15162 or 15163 exist. 6. The Planning Commission finds that the project as conditioned herein for C is in conformance with the Elements of the City’s General Plan based following: a. Land Use - The project is consistent with the City’s General Plan ! proposed residential density of 16.5 du/acre is within the density ran I PC RES0 NO. 4240 1 -3- .. >, 0 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 23 du/acre specified for the site as indicated on the Land Use Eleme General Plan, and is at or below the growth control point of 19 du/ac b. Housing - The project is consistent with the Housing Element of the Plan, the Inclusionary Housing Ordinance and the Affordable Agreement for the Rancho Carrillo Master Plan approved by the Commission on January 14, 1998. The project will provide the inclusionary units for the first phase of development of the entirc plan. c. Open Space and Conservation - The project is consistent with t: Space Provisions of the General Plan and the Rancho Carrillo Maste d. Public Safety - The proposed project is required to provide sidewalks, street lights, and fire hydrants, as shown on the tentative included as conditions of approval. 7. The project is consistent with the City-Wide Facilities and Improvements i applicable local facilities management plan, and all City public facility poli ordinances since: a. The project has been conditioned to ensure that the final map wil approved unless the City Council finds that sewer service is available the project. In addition, the project is conditioned such that a note placed on the final map that building permits may not be issued project unless the District Engineer determines that sewer st available, and building cannot occur within the project unless sewe remains available and the District Engineer is satisfied that the requ of the Public Facilities Element of the General Plan have been met in they apply to sewer service for this project. b. Prior to final map approval the developer is conditioned to enter agreement with the San Marcos Unified School District to ens1 adequate school facilities are available to serve the project. c. All necessary public improvements have been provided or are req conditions of approval. d. The developer has agreed and is required by the inclusion of an app condition to pay a public facilities fee. Performance of that contr payment of the fee will enable this body to find that public facilitie! available concurrent with need as required by the General Plan. 8. The project has been conditioned to pay any increase in public facility fee, construction tax, or development fees, and has agreed to abide by any ac requirements established by a Local Facilities Management Plan prepared E PC RES0 NO. 4240 -4- <I .* 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 to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure c availability of public facilities and will mitigate any cumulative impacts CI the project. 9. This project has been conditioned to comply with any requirement approve of the Local Facilities Management Plan for Zone 18. 10.' That the project is consistent with the City's Landscape Manual, adoptel City Council Resolution No. 90-384. 11. The Final EIR for the Rancho Carrillo Master Plan identified areas along Drive where noise impacts from circulation element roadways with a six f; barrier in place would exceed 60 dBA CNEL (and register less than 65 dB1 and determined these were not significant. Noise barriers would ha1 constructed between 7' and 10' feet in height and setbacks would have to b 125' from the right of way to achieve a 60 dBA CNEL register. considerations regarding visual impact and economic viability make these 1 infeasible to avoid the environmental effect of noise. The Noise Element of of Carlsbad General Plan requires the use of project design techniques increasing the distance between the noise source and the receiver, placing n sensitive uses such as parking areas between the source and the receiver, u noise sensitive structures to shield noise sensitive areas, and orienting bui! shield outdoor spaces from noise source to minimize noise impacts. All techniques have been incorporated into the project to substantially lessen t of noise without mitigating to the 60 dBA CNEL exterior noise level il within Land Use Policy C.5 of the Noise Element. Conditions: 1. Staff is authorized and directed to make or require the Developer to make all co and modifications to the exhibitdor documents as necessary to make them i consistent and conform to City Council's final action on the project. Developrr: occur substantially as shown on the approved exhibits. Any proposed devc different from this approval shall require an amendment to this approval. 2. The Developer shall construct the required inclusionary units concurrent project's market rate units, unless both the final decision making authority of the the Developer agree within an Affordable Housing Agreement to an alternate for development. 3. The Developer shall comply with all applicable provisions of federal, state, 2 ordinances in effect at the time of building permit issuance. 4. The Developer shall provide the City with a reproducible 24" x 36" mylar COI Site Development Plan as approved by the final decision making body. ' PC RES0 NO. 4240 -5- ... . " 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 Development Plan shall reflect the conditions of approval by the City. The I shall be submitted to the City Engineer and approved prior to building, grading, or improvement plan submittal, whichever occurs first. 5. The Developer, shall include, as part of the plans submitted for any permit pla reduced, legible version of the approving resolution on a 24" x 36" blueline drav 6. The Developer shall pay the public facilities fee adopted by the City Council or 1987 (amended July 2, 1991) and as amended from time to time, and any dev fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad I\ Code or other ordinance adopted to implement a growth management system or and Improvement Plan and to fulfill the subdivider's agreement to pay tl facilities fee dated January 10, 1997, a copy of which is on file with the City Ch incorporated by this reference. If the fees are not paid, this application wi consistent with the General Plan and approval for this project will be void. 7. Building permits will not be issued for development of the subject property 1: District Engineer determines that sewer facilities are available at the time of ay for such sewer permits and will continue to be available until time of occupancy to this effect shall be placed on the final map. 8. This project shall comply with all conditions and mitigation measures which are as part of the Zone 18 Local Facilities Management Plan and any amendments that Plan prior to the issuance of building permits. 9. If any condition for construction of any public improvements or facilities, or the of any fees in lieu thereof, imposed by this approval or imposed by law on this rt housing project are challenged this approval shall be suspended as pro Government Code Section 66020. If any such condition is determined to be in approval shall be invalid unless the City Council determines that the project wi condition complies with all requirements of law. 10. The Developer shall provide bus stops to service this development at locations reasonable facilities to the satisfaction of the North County Transit District Planning Director. Said facilities, if required, shall at a minimum include a be from advertising, and a pole for the bus stop sign. The bench and pole shall be to enhance or be consistent with the basic architectural theme of the project. 1 1. The Developer shall prepare a detailed landscape and irrigation plan in conform2 the approved Preliminary Landscape Plan and the City's Landscape Manual. 1 shall be submitted to and approval obtained from the Planning Director pric approval of the grading permit, or building permit, whichever occurs fir: Developer shall construct and install all landscaping as shown on the approved 1 maintain all landscaping in a healthy and thriving condition, free from weeds, ti debris. PC RES0 NO. 4240 -6- .- 0 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 12. The first submittal of detailed landscape and irrigation plans shall be accompani project’s building, improvement, and grading plans. 13. All landscaping shall comply with the Landscape Requirements of the Ranch4 Master Plan. 14. Prior to the recordation of the first final map or the issuance of building whichever occurs first, the Developer shall prepare and record a Notice that this is subject to overflight, sight, and sound of aircraft operating from McClellan Airport in a form meeting the approval of the Planning Director and the City Attc 15. The Developer shall post aircraft noise notification signs in all rental offices a with the new development. The number and locations of said signs shall be apy the Planning Director. 16. The Property Manager shall obtain and distribute to tenants annual informal Caltrans and North County Transit regarding the availability of public trans ride-sharing, and transportation pooling services in the area. This information L be provided in the sales office of the project. 17. If any of the foregoing conditions fail to occur; or if they are, by their tern implemented and maintained over time; if any of such conditions fail t implemented and maintained according to their terms, the City shall have thc revoke or modify all approvals herein granted; deny or further condition issuar future building permits; deny, revoke or further condition all certificates of o issued under the authority of approvals herein granted; institute and prosecute litj compel their compliance with said conditions or seek damages for their viola1 vested rights are gained by Developer or a successor in interest by the City’s ap this Resolution. 18. Approval of SDP 97-15 is granted subject to the approval of CT 97-02 and PU SDP 97-15 is subject to all conditions contained in CT 97-02 and PUD 97-02, Commission Resolutions 4241 and 4242 for the tentative map and planned devc permit. 19. The approval shall become null and void if building permits are not issued for th within 18 months from the date of project approval. 20. The project shall comply with the latest residential disabled access requirements to Title 24 of the State Building Code. 21. All purchasers of this property shall be notified in writing prior to purchase, and disclosure in writing, that the property they are purchasing is, or will be, noise : and does not meet Carlsbad noise standards for residential property. II ... 28 )I PC RES0 NO. 4240 -7- 0 0 I I1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 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 Commission of the City of Carlsbad, California, held on the 4th day of February 199 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, I\ Nielsen, Salvary, and Welshons NOES: ABSENT: ABSTAIN: "rib Pa BAILEY NOBEE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: U MICHAEL J. HOLZMLLER Planning Director PC RES0 NO. 4240 i -8-