HomeMy WebLinkAbout1998-11-04; Planning Commission; Resolution 44150 0
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PLANNING COMMISSION RESOLUTION NO, 4415
A PSSOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ALLOW CONSTRUCTION OF A 288 UNIT APARTMENT
DEVELOPMENT IN AVIARA PLANNING AREA 18 ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF POINSETTIA LANE AND AMBROSIA LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: JPI - AVIARA PLANNING AREA 18
CASE NO.: SDP 98-10
WHEREAS, JPI Westcoast Development L.P., “Developer”, has filed L
application with the City of Carlsbad regarding property owned by Aviara Land As
L.P., “Owner”, described as
APPROVAL OF SITE DEVELOPMENT PLAN SDP 98-10 TO
Lots 1 and 2 of Carlsbad Tract CT 92-3, Phase 111, Unit 1,
according to Map No. 13434, filed in the Office of the County
Recorder on June 23,1997, in the City of Carlsbad, County of
San Diego, State of California
(L‘the Property”); and
WHEREAS, said verified application constitutes a request for a Site Devl
Plan as shown on Exhibits “A” - “BB”, dated November 4, 1998, on file in the
Department, JPI -. AVIARA PA 18 - SDP 98-10 as provided by Chapter 21.06 of the
Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of Novembl
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:
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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 I
Commission RECOMMENDS APPROVAL of JPI - AVIARA PA 1:
98-10 based on the following findings and subject to the following condit
Findings:
1. That the requested use is properly related to the site, surroundings and enviri
settings, is consistent with the various elements and objectives of the General I
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 the project is at the appropriate density, will prl
necessary facilities prior to or concurrent with construction, and maintains
adjacent open space areas.
2. That the site for the intended use is adequate in size and shape to accommodate tl
that the proposed apartment buildings, with associated parking and rt
facilities, can fit within the existing property lines and graded area.
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 exc
development standards of the master plan, which were designed to incr
compatibility of the proposed apartment buildings with the adjacent sing:
homes, open space and major arterial roadway.
4. That the street systems serving the proposed use is adequate to properly handle
generated by the proposed use, in that a) the project proposes 47 fewer units
288) than is allowed under the growth management dwelling unit allowanc
subject property (335 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 trips and the project would generate only an estimated 1,728 trips.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the Site Development Plan document(s) necessary to m
internally consistent and in conformity with final action on the project. Dev
shall OCCUT substantially as shown in the approved Exhibits. Any proposed de\
different fom this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
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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. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Dev
Permit and signed approved site plan.
5. Building permits will not be issued for development of the subject property x
District Engineer determines that sewer facilities are available at the time of a1
for such sewer permits and will continue to be available until time of occupancy.
6. 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 th
facilities fee dated June 1, 1998, a copy of which is on file with the City Cle
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. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The a!
these fees shall be determined by the fee schedule in effect at the time of buildi1
application.
8. 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.
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 in.
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
10. Approval of SDP 98-10 is granted subject to the approval of CDP 98-43. SDP
subject to all conditions contained in Planning Commission Resolution No.
CDP 98-43.
11. Prior to the issuance of the building permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sa
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of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Site Development Plan and Coastal Developmen
by Resolutions No. 4415 and 4416 on the real property owned by the Develor
Notice of ]Restriction shall note the property description, location of the file CI
complete project details and all conditions of approval as well as any cond
restrictions specified for inclusion in the Notice of Restriction. The Planning DiI
the authority to execute and record an amendment to the notice which mc
terminates said notice upon a showing of good cause by the Developer or suc
interest.
12. Trash receptacle areas shall be enclosed by a six-foot high solid wall with gates
to City standards. Location of said receptacles shall be approved by the
Director. Enclosure shall be of similar colors and/or materials to the proje
satisfaction of the Planning Director.
13. All visitor parking spaces shall be clearly marked to differentiate them from the
resident parking spaces and shall be clearly marked as may be approved by the
Director.
14. An exterior lighting plan including parking areas shall be submitted for Planning
approval. All lighting shall be designed to reflect downward and avoid any in
adjacent homes or property.
15. No outdoor storage of materials shall occur onsite unless required by the Fire C
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
16. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City's Landscape Manual. 7
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, t:
debris.
17. The first submittal of detailed landscape and irrigation plans shall be accompani,
project's building, improvement, and grading plans.
18. The Developer shall submit and obtain Planning Director approval of a unifc
program for this development prior to occupancy of any building.
19. 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.
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20. Prior to occupancy of any units, the Developer shall construct a directory sie
entrance to the project. The design of this sign shall be approved by the
Director.
21. 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 consistent with basic architectural theme of the project.
22. Prior to issuance of a building permit for this project, the applicant shall esl
process to notify, including but not limited to notification in all lease agr
and a posting in the rental office, to the satisfaction of the Planning Direc
City Attorney, all tenants and users of this project that: 1) this area is adj
agricultural operations; 2) the area may be subject to dust, pesticides, ar
associated with said adjacent agricultural operations; and 3) the tenants a1
occupy this area at their own risk.
Engineerin2:
23. Prior to issuance of any building permit, the developer shall comply 7
requirements of the City's anti-graffiti program for wall treatments if and whe
program is formally established by the City.
24. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condii
requirements the City Engineer may impose with regards to the hauling operatior
25. The develloper shall provide for sight distance corridors at all street intel
and driveways in accordance with Engineering Standards and shall inc:
following statement on the Site Plan and Landscape Plans.
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inch
the street level may be placed or permitted to encroach within the area i
as a sight distance corridor in accordance with City Standard Public Strec
Criteria, Section 8.B.3. The underlying property owner shall main
condition."
26. The developer shall pay all current fees and deposits required.
27. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
28. The owner shall execute a hold harmless agreement for geologic failure.
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29. Prior to approval of any grading or building permits for this project, the owner 5
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
30. Based upon a review of the proposed grading and the grading quantities shown o
plan, a grading permit for this project is required. The developer must submit an
approval for grading plans in accordance with city codes and standards prior to
of a building permit for the project.
31. Upon completion of grading, the developer shall ensure that an "as-graded" geolc
is submitted to the City Engineer. The plan shall clearly show all the geology as
by the grading operation, all geologic corrective measures as actually constru
must be based on a contour map which represents both the pre and post site gradi
plan shall lbe signed by both the soils engineer and the engineering geologist.
shall be prepared on a 24" x 36" mylar or similar drafting film and shall b
permanent record.
32. No grading for private improvements shall occur outside the limits of the project
grading or slope easement or agreement is obtained &om the owners of the
properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develo,
either amend the site plan or modify the plans so grading will not occur our
project site in a manner which substantially conforms to the approved site
determined. by the City Engineer and Planning Director.
33. Additional drainage easements may be required. Drainage structures shall be pro
installed prior to or concurrent with any grading or building permit as may be req
the City Engineer.
1 34. The owner shall apply to the City and fully process a quitclaim
relinquishment of access rights to Ambrosia Lane at the main entrance, a
waive the direct access rights to the project at the northerly end of Ambros
to reflect the access to the project shown on the site plan. Both to be recc
separate instruments to the satisfaction of the City Engineer.
35. The southerly driveway entrance across from Calliandra Road is a set
entrance for residents only. Signs to this effect shall be installed. A turn
area shall be provided in front of the gate.
36. The developer shall comply with the City's requirements of the National I
Discharge Elimination System (NPDES) permit. The developer shall prov
management practices as referenced in the "California Storm Water Best Man
Practices E[andbook" to reduce surface pollutants to an acceptable level prior to d
to sensitive areas. Plans for such improvements shall be approved by the City E
PC RES0 NO. 44 15 -6-
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Said plans shall include but not be limited to notifying prospective owners and ti
the following:
a. All owners and tenants shall coordinate efforts to establish or w
established disposal programs to remove and properly dispose of 1
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, n
antifreeze, solvents, paints, paint thinners, wood preservatives, e
such fluids shall not be discharged into any street, public or privat
storm drain or storm water conveyance systems. Use and di:
pesticides, fungicides, herbicides, insecticides, fertilizers and ot
chemical treatments shall meet Federal, State, County a
requirements as prescribed in their respective containers.
c. Best Management Practices shall be used to eliminate or reducc
pollutants when planning any changes to the landscaping anc
improvements.
37. The structural section for the access aisles must be designed with a traffic index
accordance with City Standards due to truck access through the parking area and
with an ADT greater than 500. The structural pavement design of the aisle ways
submitted together with required R-value soil test information and approved by
as part of the building site plan review.
38. The design of all private streets and drainage systems shall be approved by
Engineer. The structural section of all private streets shall conform to City of
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fees
paid prior issuance of any building or grading permit for this project.
39. The developer shall exercise special care during the construction phase of this r
prevent offsite siltation. Planting and erosion control shall be provided in ac,
with the Carlsbad Municipal Code and the City Engineer.
40. Some improvements shown on the site plan are located within the
easement. Prior to issuance of any building or grading permit for this
whichever occurs first, the owner shall obtain and submit to the City En
letter of permission from SDG&E to perform the work.
Fire Department:
41. Native vegetation which presents a fire hazard to structures shall be modified or
on accordance with the specifications contained in the City of Carlsbad L;
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Manual. Applicant shall submit a Fire Suppression plan to the Fire Depart
approval.
Water District:
42. The Developer shall be responsible for all fees, deposits and charges whicl
collected before and/or at the time of issuance of the building permit. The S
County Water Authority capacity charge will be collected at issuance of applic
any meter application.
43. The Develloper shall provide detail information to the District Engineer regardi
demand, irrigation demand, fire flow demand in gallons per minute, and projc
flow in million gallons per day.
44. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to ensure that adequate
pressure and flow demands can be met.
45. All District pipelines, pump stations, pressure reducing stations and appm
required for this project by the District shall be within public right-of-way (
easements granted to the District or the City of Carlsbad.
46. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requireme]
b. Prepare and submit a colored recycled water use area map and submit thi
the Planning Department for processing and approval by the District Engint
c. Prior to the preparation of sewer, water and recycled water improvement I:
Developer shall submit preliminary system layouts to the District Engl
review, comment and approval.
47. The following note shall be placed upon the grading plan and building pem
“This project is approved upon the expressed condition that building permits wj
issued for development of the subject property unless the District sen
development has adequate water and sewer capacity available at the time develo:
to occur, and that such water and sewer capacity will continue to be available u
of occupancy.’’
48. All potable water and recycled water meters shall be placed within public right-of
~ PC RES0 NO. 4415 -8-
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49. No more tlnan 19 homes shall be served on a single potable water distribution
For those locations with more than 19 homes, a looped potable water pipelin
shall be designed.
General:
50. 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 the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or fwther condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s apl
this (type of action, e.g. Site Development Plan).
Code Reminders:
5 1. The Developer shall pay a landscape plan check and inspection fee as required b1
20.08.050 of the Carlsbad Municipal Code.
52. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
53. Approval of this request shall not excuse compliance with all applicable sectio1
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
54. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed from view and the sound buffered from adjacent properties and st
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
55. Prior to occupancy of the first dwelling unit the Developer shall provide all
passive and active recreational areas per the approved plans, including landscal
recreational facilities.
56. 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.
~ 57. Any signs proposed for this development shall at a minimum be designed in con5
with the City’s Sign Ordinance and shall require review and approval of the 1
Director prior to installation of such signs.
PC RES0 NO. 4415 -9-
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1 NOTICE
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“feeslexactions.” 3
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convei
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You have 90 days from November 4,1998 to protest imposition of these fees/exaction,
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 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 o
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
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following vote, to wit: ‘5
Commission of the City of Carlsbad, California, held on the 4th day of November, 1991
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AYES : Chairperson Noble, Commissioners Compas, Heineman,
Nielsen, Savary, and Welshons
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NOES:
ABSENT:
ABSTAIN:
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,:Q” 22 &${%&f .=&$,;.++,, .Q8, ‘.,e? ,. ,./ , ‘2 9 i ,. ea,
BAILEY NOgE, Chairperson 23 CARLSBAD PLANNING COMMISSION
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ATTEST:
Planning Director
PC RES0 NO. 4415 -10-