HomeMy WebLinkAbout1998-05-06; Planning Commission; Resolution 4281.
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
PLANNING COMMISSION RESOLUTION NO 4281
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
CONSTRUCTION OF 39 SINGLE FAMILY HOMES ON
PROPERTY GENERALLY LOCATED WEST OF AMBROSIA
LANE, BETWEEN CORMORANT AVENUE AND
CALLIANDRA DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: SERENATA - AVIARA PA 17
CASE NO.: SDP 97-21
WHEREAS, Brehm-Aviara I11 Development Associates, Limited Part
“Developer”, has filed a verified application with the City of Carlsbad regarding propert
by Brehm-Aviara Group, LLC and PI Cal Housing Associates, L.P., “Owner”, descrj
DEVELOPMENT PLAN NO. SDP 97-21 TO ALLOW THE
Lots 10 through 51 of Carlsbad Tract No. 92-03, Aviara Phase
I11 Unit 2, City of Carlsbad, County of San Diego, according to
Map No. 13462, filed in the Office of the County Recorder,
County of San Diego, on August 5,1997.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Deve
Plan as shown on Exhibits “A” - “AA” dated May 6, 1998, on file in the Planning Dep
SERJCNATA - AVIARA PA 17 - SDP 97-21 as provided by Chapter 21.06/Section 2
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of May, 1991
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Site Development Plan
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission of the City of Carlsbad as follows:
1
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
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the P
Commission APPROVES SERENATA - AVIARA PA 17 - SDP 97-2
on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and envirc
settings, is consistent with the various elements and objectives of the General P
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, surrour
traffic circulation, in that the project is at the appropriate density, will prc
necessary facilities prior to or concurrent with construction and maint:
existing adjacent open space areas.
2. That the site for the intended use is adequate in size and shape to accommodate tl
that the proposed single family homes can fit within the existing lot lines anc
pads.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the proposed development meets or excc
development standards of the master plan, which were designed to
compatibility of the proposed single family homes with the adjacent open SI
development.
4. That the street system serving the proposed use is adequate to properly handle :
generated by the proposed use, in that a) the project proposes one fewer unit
39) than is allowed under the growth management dwelling unit allowancc
subject property (40 units) and the surrounding street system was master-
to accommodate the traffic generated by the full growth management dwel!
allowance, and b) the principal street which serves the project is Ambrosia
collector street with a traffic capacity that ranges between 1,200 and 10,000
Daily Traffic and the project would generate only an estimated 390 trips.
5. The Planning Commission finds that the project is in conformance with the El€
the City’s General Plan, based on the following:
a. Land Use - a single family residential project at a density of 1.6 dwell
per acre is consistent with the RLM designation;
I b. Circulation - all necessary street improvements have been installed, o
completed concurrent with development;
I PC RES0 NO. 4281 -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 e
c. Housing - all affordable housing requirements for Aviara Planning
are accommodated in the Villa Loma project;
d. Open Space and Conservation - the project maintains the existing an
open space and erosion control and NPDES requirements reduce
sedimentation and contamination; and
e. Public Safety - the proposed single family homes will be constrl
accordance with the seismic design standards of the Uniform Buildi:
and State building requirements and an all-weather emergency accc
will be maintained throughout construction.
6. 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 the building permits will not 1
for the project unless the District Engineer determines that sewer st
available, and building cannot occur within the project unless sewer
remains available, and the District Engineer is satisfied that the require]
the Public Facilities Element of the General Plan have been met insofa]
apply to sewer service for this project;
b. All necessary public improvements have been provided or are req
conditions of approval;
c. The Developer has agreed and is required by the inclusion of an apl
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be ;
concurrent with need as required by the General Plan.
7. .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 a(
requirements established by a Local Facilities Management Plan prepared pur
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail2
public facilities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as p:
Local Facilities Management Plan for Zone 19.
9. The Planning Commission finds that:
a. the project is a “Later Activity” proposed subsequent to and in keepin
certified program EIR (EIR 83-02(A) for the Pacific Rim Country C
Resort) and a subsequently adopted Mitigated Negative Declaration
PC RES0 NO. 428 1 -7 -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
e 0
Aviara Phase I11 Master Plan Amendment), where such Later Ac
found, pursuant to CEQA Guidelines 15168(c )(2), to have no new
and, hence, no requirements for new mitigation measures;
b. the project is consistent with the General Plan, Aviara Master Plan [
(G)], and Tentative Tract Map (CT 92-03) previously approved
project site;
c. there was an EIR (83-02(A)) certified and Mitigated Negative Dec
adopted in connection with the prior Aviara Master Plan and Tentatiy
map for the project site;
d. the project has no new significant environmental effect not analyzed as si
in the prior EIR and Mitigated Negative Declaration; and
e. none of the circumstances requiring Subsequent or a Supplemental El
CEQA Guidelines Sections 15 162 or 15 163 exist;
10. The Planning Commission finds all feasible mitigation measures identified in
02 and the Mitigated Negative Declaration (for the Aviara Phase I11 Mas
Amendment) have been previously implemented with the developmenl
previously approved Master Plan Amendment (MP 177 (G)) and Tentati
(CT 92-03), and no new mitigation measures are required.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Site Development Plan document(s) necessary to m:
internally consistent and in conformity with final action on the project. Devc
shall occur substantially as shown in the approved Exhibits. Any proposed devc
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, I
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24" x 36", mylar co]
Site Plan as approved by the final decision making body. The Site Plan shall rl
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improverr
submittal, whichever occurs first.
4. Building permits will not be issued for development of the subject property u
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.
PC RES0 NO. 4281 -4-
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 e
5. The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any deve
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad M
Code or other ordinance adopted to implement a growth management system or E
and Improvement Plan and to fulfill the subdivider’s agreement to pay tht
facilities fee dated September 22, 1997, a copy of which is on file with the Ci
and is 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.
6. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The an
these fees shall be determined by the fee schedule in effect at the time of buildin
application.
7. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 19 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
8. 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 re
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 wil
condition complies with all requirements of law.
9. Approval of SDP 97-21 is granted subject to the approval of CDP 97-41. SDP
subject to all conditions contained in Planning Commission Resolution No.
CDP 97-41.
10. The Developer shall prepare a detailed landscape and irrigation plan in conforma
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 final map, grading permit, or building permit, whichever occurs f
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free from weeds, tl
debris.
1 1. The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s building, improvement, and grading plans.
12. Building identification and/or addresses shall be placed on all new and existing 1
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color.
13. The Developer shall display a current Zoning and Land Use Map in the sales of
times, or suitable alternative to the satisfaction of the Planning Director.
PC RES0 NO. 4281 -5-
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
14. All sales maps that are distributed or made available to the public shall include bl
limited to trails, future and existing schools, parks and streets.
Engineering:
15. The developer shall provide for sight distance corridors in accordance with Eng
Standards and shall record the following statements in the C.C.& R.s for this pro.
a. Mature vegetation within the site line area of all intersections shal
greater than 30 inches in height or have a canopy no less than eight (8
height;
b. No structure, fence, wall, sign or other object over 30 inches above the str
shall be placed or permitted to encroach within the area identified as
distance corridor in accordance with City Standards and the conformin
tentative map. The underlying property owner, or homeowner’s asst
shall maintain this condition.
16. No additional grading has been proposed and, therefore, none is hereby a
by this application.
Fire Department:
17. The applicant shall provide a street map which conforms to the following requj
A 400 scale photo-reduction mylar, depicting proposed improvements and at 1
existing intersections or streets. The map shall also clearly depict street ce:
hydrant locations and street names.
General:
18. 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 01
issued under the authority of approvals herein granted; institute and prosecute lit:
compel their compliance with said conditions or seek damages for their viol;
vested rights are gained by Developer or a successor in interest by the City’s ap
this Site Development Plan.
Code Reminders:
19. The Developer shall pay a landscape plan check and inspection fee as required b
20.08.050 of the Carlsbad Municipal Code.
~
PC RES0 NO. 4281 -6-
e e
I
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
20. Approval of this request shall not excuse compliance with all applicable sectior
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
21, All landscape and irrigation plans shall be prepared to conform with the La
Manual and submitted per the landscape plan check procedures on file in the I
Department.
22. An all weather, unobstructed access road suitable for emergency service vehicles
provided and maintained during construction. When in the opinion of the Fire C
access road has become unserviceable due to inclement weather or other reasons,
in the interest of public safety, require that construction operations cease 1
condition is corrected.
23. All required water mains, fire hydrants and appurtenances shall be operation2
combustible building materials are located on the construction site.
24. Prior to final inspection, all security gate systems controlling vehicular access
equipped with a “Knox” key-operated emergency entry device. Applicant shal
the Fire Prevention Bureau for specifications and approvals prior to installation.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from May 6,1998 to protest imposition of these feedexactions. If yo
them, you must follow the protest procedure set forth in Government Code Section 6602
file the protest and any other required information with the City Manager for proct
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely fol
procedure will bar any subsequent legal action to attack, review, set aside, void, or an
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/(
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bc
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PC RES0 NO. 4281 -7-
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 6th day of May 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, R/1
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
ATTEST:
t
MICHAEL J. HMZMILBR
Planning Director
I
I I
PC RES0 NO. 4281 -8-