HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 4397e
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PLANNING COMMISSION RESOLUTION NO. 4397
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIAy APPROVING A SITE
SECOND DWELLING UNITS TO QUALIFY AS
INCLUSIONARY HOUSING UNITS ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD ON BOTH SIDES OF FUTURE MELROSE DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 18.
CASE NAME: RANCHO CARRILLO SITE DEVELOP-
MENT PLAN FOR SECOND DWELLING
UNITS
DEVELOPMENT PLAN, SDP 98-12, TO REVIEW FIFTY
CASE NO.: SDP 98-12
WHEREAS, Continental Ranch, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Continental Ranc
“Owner”, described as
A portion of the southerly one half of Section 18 and a portion
of Section 19, Township 12 South, Range 3 west, San
Bernardino Meridian and a portion of fractional Section 13
and a fractional Section 24, Township 12 south, Range 4 west,
San Bernardino Meridian, City of Carlsbad, County of San
Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Deve
Plan as shown on Exhibits “A” - “U” dated October 7, 1998, on file in the I
Department, RANCHO CARRILLO SITE DEVELOPMENT PLAN FOR SI
l DWELLING UNITS, SDP 98-12, as provided by Chapter 21.06/Section 21.53.121
LL II
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WHEREAS, the Planning Commission did, on the 7th day of OCTOBEI 24
Carlsbad Municipal Code; and
25 hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Site Development Plan.
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 E
Commission APPROVES RANCHO CARRILLO SITE DEVELOE
PLAN FOR SECOND DWELING UNITS, SDP 98-12, based on the fo
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 second dwelling units are dispersed througl
development; that the units are architecturally integrated into and are pal
primary residential unit; that the public good is served when there exists i
housing which is appropriate for the needs of and affordable to all membe~
public; and that the project is designed in accordance with the Rancho
Master Plan.
2. That the site for the intended use is adequate in size and shape to accommodate tl
that the second dwelling units can fit with the proposed single family residc
the proposed lots.
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 second dwelling units will n
development standards and design criteria of the master plan to
compatibility within the development.
4. That the street systems serving the proposed use is adequate to properly handle a
generated by the proposed use, in that the proposed street improvements wi
residential development were designed to accommodate the traffic generate1
by the second dwelling units.
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5. That the Planning Commission has considered, in connection with the housing
by this project, the housing needs of the region, and balanced those housi
against the public service needs of the City and available fiscal and envir
resources.
6. The project is consistent with the City-Wide Facilities and Improvements :
applicable local facilities management plan, and all City public facility poll
ordinances since:
A. The project has been conditioned to ensure that the final map will not be 1
unless the City Council finds that sewer service is available to serve thc
In addition, the project is conditioned such that a note shall be placed on
map that building permits may not be issued for the project unless thc
Engineer determines that sewer service is available, and building cam
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Elemc
General Plan have been met insofar as they apply to sewer service for thir:
B. In accordance with the Zone 18 LFMP special conditions for schc
project is conditioned to require that an acceptable school site is dl
the San Marcos Unified School District guaranteeing the constru
necessary elementary school facilities in Zone 18 prior to fin
recordation or building permit issuance.
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 ap
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.
E. The Rancho Carrillo Master Plan has entered into a Parks Agreeml
the City of Carlsbad.
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 a1
requirements established by a Local Facilities Management Plan prepared pu~
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail;
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 18.
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9. Planning Commission finds that:
A. the project is a subsequent development as described in CEQA G
15 168(c)(2) and (e), and 15 183;
B. the project is consistent with the General Plan Master EIR (MEIR 93
Rancho Carrillo Master Plan EIR (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 analyzed as si
in the prior EIR’s;
E. none of the circumstances requiring Subsequent or a Supplemental El
CEQA Guidelines Sections 15 162 or 15 163 exist.
10. The Planning Director has found that, based on the EIA Part 11, this Project was (
in the MEIR 93 -0 1 as within its scope; AND there will be no additional significa
not analyzed therein; AND that no new or additional mitigation measures or alt’
are required; AND that therefore this Project is within the scope of the prior EIF,
new environmental document nor Public Resources Code 2 108 1 findings are reqt
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 ma
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, del
hold harmless the City of Carlsbad, its Council members, officers, employees, agt
representatives, from and against any and all liabilities, losses, damages, demand:
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, from (a) City’s approval and issuance of this Site Development 1
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein.
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar coy
Site Plan as approved by the final decision making body. The Site Plan shall re
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conditions of approval by the City. The Plan copy shall be submitted to the 1
Director and approved prior to building, grading, final map, or improver
submittal, whichever occurs first.
5. 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 aF
for such sewer permits and will continue to be available until time of occupancy.
6. Prior to building permit issuance, the Developer shall provide proof of co1.
with the school facilities funding and mitigation agreement dated Noven
1997 upon the terms, covenants, and conditions contained therein, executed
between the San Marcos Unified School District and Continental Ranct
Delaware Corporation, recorded January 8, 1998 as File No. 1998-000
official records.
7. 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 devc
fees established by the City Council pursuant to Chapter 21.90 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 th
facilities fee dated November 22, 1996, a copy of which is on file with the C
and is incorporated by this reference. If the fees are not paid, this application w
consistent with the General Plan and approval for this project will be void.
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 re
housing project are challenged this approval shall be suspended as pro’
Government Code Section 66020. If any such condition is determined to be in7
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
10. Prior to the issuance of building permits for each village, each second dwell
in the respective village shall process a Second Dwelling Unit Permit per
21.10.015 of the Carlsbad Municipal Code.
11. The affordable housing units shall be deed restricted for “the useful lifc
project” which is a minimum of 55 years.
12. Subject to the approval of the Planning Director, up to 50% of the second (
units in the later phases (Villages G, K, M, Q-2, Q-4 and R) of the Rancho
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Master Plan may be relocated within the same village at the time of approv
administrative Second Dwelling Unit Permit, subject to compliance
requirements of Section 21.10.015 of the Carlsbad Municipal Code, Rancho
Master Plan Design Guidelines, and the Housing Commission’s Guide1
Development of Second Dwelling Units. Second dwelling units must b
dispersed throughout the Villages similar to the dispersal shown on Exhibi
SDP 98-12.
13. Revisions to the locations of second dwelling units may be adminis
approved by the Planning Director. If the City determines that the p
revision necessitates an amendment to the Rancho Carrillo Affordable
Agreement, then the proposed amendment, and any necessary modifica
exhibits to reflect the amendment, shall be administratively approved
Community Development Director. An application for these types of revisi
need the signatures of the owner of the particular phase of a Village that the
will occur in. Any proposed revision shall be in compliance with all require
Section 21.10.015 of the Carlsbad Municipal Code, Ranch Carrillo Mas
Design Guidelines and the Housing Commission Guidelines for Develop
Second Dwelling Units.
14. At the time of review of the administrative Second Dwelling Unit Pern
Planning Director shall determine that all proposed second dwelling unit
Rancho Carrillo Master Plan are in conformance with the requirements of
21.10.15 of the Carlsbad Municipal Code, Rancho Carrillo Master Plan
Guidelines and the Housing Commission’s Guidelines of Development of
Dwelling Units. In addition, the second dwelling units developed in Villag
M, Q-2, Q-4 and R shall be compatible in design and appearance v
prototypical units approved by SDP 98-12. Each unit shall have its own !
entrance, have a hookup for a washer and dryer and have a minimum sizc
square feet, excluding stairways.
15. Upon final approval of said affordable housing project and prior to fin
approval, the applicant shall execute the Affordable Housing Agreement 7
City of Carlsbad in substantially the form presented to the Housing Commi
the staff report dated August 27, 1998. The agreement is binding to a1
owners and successors in interest. The Affordable Housing Agreement shall
all terms and conditions of said project approval required to comply with th
Inclusionary Housing Ordinance.
16. The development of each village is subject to all conditions contained
respective tentative map approval for the village.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve:
“fees/exa~tions.~~
You have 90 days fiom October 7, 1998 to protest imposition of these fees/exactions
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their 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 I
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 be
a NOTICE similar to this, or as to which the statute of limitations has previously G
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the :
Commission of the City of Carlsbad, California, held on the 7th day of October 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Monroy,
and Savary
NOES:
ABSENT: Commissioners Heineman and Welshons
ABSTAIN:
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BAILEY NOBOE, chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: I
Planning Director
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