HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 43221
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PLANNING COMMISSION RESOLUTION NO 4322
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
CONSTRUCTION OF 81 SINGLE FAMILY HOMES ON
PROPERTY GENERALLY LOCATED WEST OF AMBROSIA
LANE, BETWEEN CONOSA WAY AND POINSETTIA LANE
IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: SERENATA - AVIARA PA 21
CASE NO.: SDP 97-27
WHEREAS, Brehm-Aviara TI1 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”, descri
DEVELOPMENT PLAN NO. SDP 97-27 TO ALLOW THE
Lots 52 through 80 of Carlsbad Tract No. 92-03, Aviara Phase
I11 Unit 3, City of Carlsbad, County of San Diego, according to
Map No. 13463; lots 81 through 103 of Carlsbad Tract No. 92-
03, Aviara Phase I11 Unit 4, City of Carlsbad, County of San
Diego, according to Map No. 13464; and lots 104 through 137
of Carlsbad Tract No. 92-03, Aviara Phase I11 Unit 5, City of
Carlsbad, County of San Diego, according to Map No. 13465,
all filed in the Office of the County Recorder, County of San
Diego, on August 12,1997.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Deve:
Plan as shown on Exhibits “A” - “BB” dated July 1, 1998, on file in the Planning Dep;
SERENATA - AVIARA PA 21, SDP 97-27 as provided by Chapter 21.06/Section 21.5:
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of July, 1998
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 al.
relating to the Site Development Plan
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the €
Commission APPROVES SERENATA - AVIARA PA 21, 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 th
that the proposed single family homes can fit within the existing lot lines and
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 exct
development standards of the master plan, which were designed to
compatibility of the proposed single family homes with the adjacent open sp
development.
4. That the street system serving the proposed use is adequate to properly handle a
generated by the proposed use, in that a) the project proposes one fewer unit (
81) than is allowed under the growth management dwelling unit allowance
subject property (82 units) and the surrounding street system was master-]
to accommodate the traffic generated by the full growth management dwell:
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 1
Daily Traffic and the project would generate only an estimated 810 trips.
5. The Planning Commission finds that the project is in conformance with the Eler
the City’s General Plan, based on the following:
a. Land Use - a single family residential project at a density of 2.7 dwelliI
per acre is consistent with the RLM designation;
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b. Circulation - all necessary street improvements have been installed, 01
completed concurrent with development;
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 am
open space and erosion control and NPDES requirements reduce
sedimentation and contamination; and
e. Public Safety - the proposed single family homes will be constru
accordance with the seismic design standards of the Uniform Buildil
and State building requirements and an all-weather emergency acce
will be maintained throughout construction.
6. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan and all City public facility polic
ordinances since:
a. The project has been conditioned to ensure the building permits will not b
for the project unless the District Engineer determines that sewer se
available, and building cannot occur within the project unless sewer
remains available, and the District Engineer is satisfied that the requirer,
the Public Facilities Element of the General Plan have been met insofar
apply to sewer service for this project;
b. All necessary public improvements have been provided or are requ
conditions of approval;
c. The Developer has agreed and is required by the inclusion of an app
condition to pay a public facilities fee. Performance of that contract and F
of the fee will enable this body to find that public facilities will be a
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 ad(
requirements established by a Local Facilities Management Plan prepared purs
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availal
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 pa
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 keeping
certified program EIR (EIR 83-02(A) for the Pacific Rim Country Ch
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Resort) and a subsequently adopted Mitigated Negative Declaration
Aviara Phase 111 Master Plan Amendment), where such Later A(
found, pursuant to CEQA Guidelines 15168(c)(2), to have no new effi
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 Der
adopted in connection with the prior Aviara Master Plan and Tentati
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 E1
CEQA Guidelines Sections 15 162 or 15 163 exist;
10. The Planning Commission finds all feasible mitigation measures identified in 1
02(A) and the Mitigated Negative Declaration (for the Aviara Phase I11 Mas1
Amendment) have been previously implemented with the development
previously approved Master Plan Amendment (MP 177 (G)) and Tentatil
(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 COT:
and modifications to the Site Development Plan documents necessary to mak
internally consistent and in conformity with final action on the project. Devel
shall occur substantially as shown in the approved Exhibits. Any proposed devel
different horn this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, SU
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24" x 36", mylar cop^
Site Plan as approved by the final decision making body. The Site Plan shall ref
conditions of approval by the City. The Plan copy shall be submitted to tl
Engineer and approved prior to building, grading, final map, or improveme:
submittal, whichever occurs first.
4. Building permits will not be issued for development of the subject property unl
District Engineer determines that sewer facilities are available at the time of app!
for such sewer permits and will continue to be available until time of occupancy.
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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 devl
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad h
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider’s agreement to pay tE,
facilities fee dated December 19,1997, a copy of which is on file with the City C
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 ar
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 pro1
Government Code Section 66020. If any such condition is determined to be ink
approval shall be invalid unless the City Council determines that the project wit,
condition complies with all requirements of law.
9. Approval of SDP 97-27 is granted subject to the approval of CDP 97-60. SDP !
subject to all conditions contained in Planning Commission Resolution No. 4
CDP 97-60.
10. The Developer shall prepare a detailed landscape and irrigation plan in conformar
the approved Preliminary Landscape Plan and the City’s Landscape Manual. TI
shall be submitted to and approval obtained from the Planning Director prio-
approval of the final map, grading permit, or building permit, whichever occurs fir
Developer shall construct and install all landscaping as shown on the approved pk
maintain all landscaping in a healthy and thriving condition, free from weeds, trz
debris.
1 1. The first submittal of detailed landscape and irrigation plans shall be accompaniec
project’s building, improvement, and grading plans.
12. Building identification and/or addresses shall be placed on all new and existing b
so as to be plainly visible from the street or access road; color of identification
addresses shall contrast to their background color.
13. The Developer shall display a current Zoning and Land Use Map in the sales offic
times, or suitable alternative to the satisfaction of the Planning Director.
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14. All sales maps that are distributed or made available to the public shall include b
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 CC&Rs for this projec
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 strc
shall be placed or permitted to encroach within the area identified as
distance corridor in accordance with City Standards and the conforminl
tentative map. The underlying property owner, or homeowner’s assc
shall maintain this condition.
16. No additional grading has been proposed and, therefore, none is hereby a1
by this application.
Fire Department:
17. The applicant shall provide a street map which conforms to the following requir
A 400 scale photo-reduction mylar, depicting proposed improvements and at le
existing intersections or streets. The map shall also clearly depict street cen
hydrant locations and street names.
General:
18. If any of the foregoing conditions fail to occur; or if they are, by their term5
implemented and maintained over time, if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or Mer condition all certificates of occ
issued under the authority of approvals herein granted; institute and prosecute litig;
compel their compliance with said conditions or seek damages for their violati
vested rights are gained by Developer or a successor in interest by the City’s appr
this Site Development Plan.
Code Reminders:
19. The Developer shall pay a landscape plan check and inspection fee as required by ;
20.08.050 of the Carlsbad Municipal Code.
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20. Approval of this request shall not excuse compliance with all applicable sectio
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 L;
Manual and submitted per the landscape plan check procedures on file in the
Department. i
22. An all weather, unobstructed access road suitable for emergency service vehicle:
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 operationa
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 shall
the Fire Prevention Bureau for specifications and approvals prior to installation.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” 1
dedications, reservations, or other exactions hereafter collectively referred to for conven,
“fees/exactions.”
You have 90 days from July 1,1998 to protest imposition of these fees/exactions. If you
them, you must follow the protest procedure set forth in Government Code Section 66020
file the protest and any other required information with the City Manager for proce:
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely folll
procedure will bar any subsequent legal action to attack, review, set aside, void, or am
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedex
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor pl
zoning, grading or other similar application processing or ,service fees in connection u
project; NOR DOES IT APPLY to any feedexactions of which you have previously bee
a NOTICE similar to this, or as to which the statute of limitations has previously oi
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 199t
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, lc
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
"4- MICHAEL J. HOLZMIYLER
Planning Director
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