HomeMy WebLinkAbout2000-06-07; Planning Commission; Resolution 47840 0
1 /I PLANNING COMMISSION RESOLUTION NO. 4784
2
3
4
5
6
7
8
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
ALLOW A 28 UNIT AFFORDABLE APARTMENT PROJECT
ON PROPERTY GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF COBBLESTONE ROAD AND
AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: MARIANO AFFORDABLE APARTMENTS
CASE NO.: SDP 97- 16(A)
DEVELOPMENT PLAN AMENDMENT, SDP 97-16(A), TO
9 WHEREAS, Pacific Vista Las Flores, L.P., “Developer”/”Owner” has filed
10 verified application with the City of Carlsbad regarding property described as
11
12
13
14
15
I
Lot 134 of the City of Carlsbad Tract 97-14, Unit No. 1
(Mariano) in the City of Carlsbad, County of San Diego, State
of California, according to the map thereof No. 13840, filed in
the office of the County Recorder of San Diego County,
September 1,1999 as File No. 99-604320, O.R. 1 (“the Property”); and
16 WHEREAS, said verified application constitutes a request for a Site Developme
17 Plan Amendment as shown on Exhibits “A” - “V” dated June 7,2000, on file in the Plannir
18 Department, MARIAN0 AFFORDABLE APARTMENTS - SDP 97-16(A), as provided 1
l9 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
2o II WHEREAS, the Planning Commission did, on the 7th day of June, 2000, hold
21
22
duly noticed public hearing as prescribed by law to consider said request; and
23 II WHEREAS, at said public hearing, upon hearing and considering all testimol
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all facto
25 relating to the Site Development Plan Amendment.
26
27
WHEREAS, on October 15, 1997, the Planning Commission approved, SD
97-16, as described and conditioned in Planning Commission Resolution No. 4188.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir
Commission of the City of Carlsbad as follows:
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 Plannin
Commission APPROVES MARIAN0 AFFORDABLE APARTMENTS
SDP 97-16(A), based on the following findings and subject to the followin
conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmen
settings, is consistent with the various elements and objectives of the General Plan, w
not be detrimental to existing uses or to uses specifically permitted in the area in whi
the proposed use is to be located, and will not adversely impact the site, surroundings
traffic circulation, in that the project density is consistent with the density approvl
for the Mariano subdivision map (CT 97-14). The project will not be detrimental
surrounding uses due to its sensitive site design in which buildings are orient1
away from single family residences to the south. The placement of the parking 1
within the western and southern portions of the site results in greater separatic
between the apartment units and Aviara Parkway and increases the buffer betwe1
the apartment buildings and single family residences.
2. That the site for the intended use is adequate in size and shape to accommodate the use,
that building coverage is well below the standard of 40% maximum, at 19.2%, a]
the project design includes sufficient building separation, landscaped open spat
parking and recreational space.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjt
the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that structures are setback a minimum of 20 feet a101
street frontages. The six and eight-plex structures are relatively small in scale a1
incorporate flat and pitched roof elements and front porches and balcony dec
facing street frontages. These design elements are incorporated into the project
create a pedestrian scale consistent with surrounding single family residences.
4. That the street systems serving the proposed use is adequate to properly handle all traf
generated by the proposed use, in that Goldenbush Drive is a single-loaded street a101
the entire project frontage thereby avoiding driveway conflicts with single famj
residences, and Cobblestone Drive is a collector street intended to provide access
Aviara Parkway.
Conditions:
' Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading pern
or building permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or hrther condition all certificates of occupan
PC RES0 NO. 4784 -2-
0 0
1
2
3
4
5
6
7
8
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. 1
vested rights are gained by Developer or a successor in interest by the City’s approval
this site development plan amendment.
2. SDP 97-16(A) shall apply to the affordable apartment site (Lot 134 of CT 97-1
only.
3. Staff is authorized and directed to make, or require the Developer to make, all correctio
and modifications to the Site Development Plan Amendment documents, as necessa
to make them internally consistent and in conformity with the final action on the projec
Development shall occur substantially as shown on the approved Exhibits. Any proposl
development different from this approval, shall require an amendment to this approval.
9 4. The Developer shall comply with all applicable provisions of federal, state, and loc
10 ordinances in effect at the time of building permit issuance.
11
12
13
14
15
16
17
18
19
20
21
22
23
5. If any condition for construction of any public improvements or facilities, or the payme
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proje
are challenged, this approval shall be suspended as provided in Government Code Sectic
66020. If any such condition is determined to be invalid this approval shall be inval
unless the City Council determines that the project without the condition complies wi
all requirements of law.
I 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend x
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, x
representatives, from and against any and all liabilities, losses, damages, demands, clain
and costs, including court costs and attorney’s fees incurred by the City arising, direct
or indirectly, from (a) City’s approval and issuance of this Site Development Plz
Amendment, (b) City’s approval or issuance of any permit or action, whetht
discretionary or non-discretionary, in connection with the use contemplated herein, an
(c) Developer/Operator’s installation and operation of the facility permitted hereb:
including without limitation, any and all liabilities arising from the emission by tl:
facility of electromagnetic fields or other energy waves or emissions.
7. The Developer shall submit to the Planning Department a reproducible 24” x 36
mylar copy of the Site Development Plan reflecting the conditions approved by the fin
decision making body.
24
25
9. This project shall comply with all conditions and mitigation measures which are require 26
school facilities.
27 as part of the Zone 20 Local Facilities Management Plan and any amendments made t
that Plan prior to the issuance of building permits.
28 10. Building permits will not be issued for this project unless the local agency providin
water and sewer services to the project provides written certification to the City th;
8. Prior to the issuance of a building permit, the Developer shall provide proof to tl
Director from the School District that this project has satisfied its obligation to provic
PC RES0 NO. 4784 -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
adequate water service and sewer facilities, respectively, are available to the project at t
time of the application for the building permit, and that water and sewer capacity a
facilities will continue to be available until the time of occupancy.
11. This approval is granted subject to the approval of CDP 97-34(A) and is subject to
conditions contained in Planning Commission Resolution 4785 for those otl
approvals.
12. The project is subject to all provisions of the Affordable Housing Agreeme
recorded against the property which requires that a minimum of 27 multi-fam.
dwelling units be constructed. The 28 unit affordable project exceeds the minimu
by one unit.
13. The Developer shall submit and obtain Planning Director approval of a Final Landsca
and Irrigation Plan showing conformance with the approved Preliminary Landscape P1
and the City’s Landscape Manual. The Developer shall construct and install :
landscaping as shown on the approved Final Plans, and maintain all landscaping in
healthy and thriving condition, free from weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to t
landscape plan check process on file in the Planning Department and accompanied by t
project’s building, improvement, and grading plans.
15. The developer shall post a sign in the sales office in a prominent location that disclos
which special districts and school district provide service to the project. Said sign sh;
remain posted until ALL of the units are sold.
16. The Developer shall construct trash receptacle and recycling areas enclosed by a six-fo
high masonry wall with gates pursuant to City Engineering Standards and Carlsb;
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by tl
Planning Director. Enclosure shall be of similar colors andlor materials to the project
the satisfaction of the Planning Director.
17. No outdoor storage of materials shall occur onsite unless required by the Fire Chic
When so required, the Developer shall submit and obtain approval of the Fire Chief a1
the Planning Director of an Outdoor Storage Plan, and thereafter comply with tl
approved plan.
18. The Developer shall submit and obtain Planning Director approval of an exterior lightil
plan including parking areas. All lighting shall be designed to reflect downward ar
avoid any impacts on adjacent homes or property.
19. Developer shall construct, install and stripe not less than 67 parking spaces, as shown c
Exhibit “A” dated June 7,2000.
20. Prior to the issuance of the Site Development Plan Amendment, Developer shall subrr
to the City a Notice of Restriction to be filed in the office of the County Recorder, subje
to the satisfaction of the Planning Director, notifylng all interested parties and successo
in interest that the City of Carlsbad has issued a Site Development Plan Amendment 1
Resolutions No. 4784 on the real property owned by the Developer. Said Notice I
PC RES0 NO. 4784 -4-
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
I
Restriction shall note the property description, location of the file containing compll
project details and all conditions of approval as well as any conditions or restrictic
specified for inclusion in the Notice of Restriction. The Planning Director has 1
authority to execute and record an amendment to the notice which modifies or termina
said notice upon a showing of good cause by the Developer or successor in interest.
2 1. The Developer shall post aircraft noise notification signs in all sales and/or rental offic
associated with the new development. The number and locations of said signs shall
approved by the Planning.
22. The developer shall submit and obtain Planning Director approval of a fencing plr
that shall incorporate a masonry wall along the Aviara Parkway frontage
conformance with the approved Mariano subdivision map except that the solid WI
along Cobblestone Road shall be substituted with an open iron rail fence not
exceed 6 feet in height. The open iron rail fence shall extend from the corner
Aviara Parkway and Cobblestone Road to the retaining wall at the corner
Goldenbush Drive and Cobblestone Road.
23. Developer shall mitigate the interior noise levels of the apartment units to 45 dB
CNEL in accordance with the General Plan and Condition 34 of Plannil
Commission Resolution 4186 for CT 97-14.
24. This approval shall become null and void if building permits are not issued for tl:
project within 24 months from the date of project approval.
25. The project shall comply with the latest non-residential disabled access requiremer
pursuant to Title 24 of the State Building Code.
26. All roof appurtenances, including air conditioners, shall be architecturally integrated a
concealed from view and the sound buffered fi-om adjacent properties and streets,
substance as provided in Building Department Policy No. 80-6, to the satisfaction of tl:
Directors of Community Development and Planning. Prior to occupancy of the fir
dwelling unit the Developer shall provide all required passive and active recreation
areas per the approved plans, including landscaping and recreational facilities.
Enpineering: -
Unless specifically stated in the condition, all of the following conditions, upon the approval t
this proposed Site Development Plan, must be met prior to issuance of any Building Permits
General I 27. Prior to hauling dirt or construction materials to or from any proposed construction si1
within this project, Developer shall apply for and obtain approval from, the City Enginec
for the proposed haul route.
I 28. Developer shall comply with the requirements of the City’s anti-graffiti program for wa
treatments if and when such a program is formally established by the City.
29. Developer shall install sight distance corridors (see below for types) at all strel
PC RES0 NO. 4784 -5-
e 0
1
2
3
4
5
6
7
8
9
intersections in accordance with Engineering Standards and shall place the followi
statement on the conforming mylar Site Development Plan (SDP 97-16A):
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property along or east of the line designated as the
275' sight line located at the project entrance, looking east onto Goldenbush
Drive. No obstructions shall impede nor conflict with the line-of-sight which
is established per City Standard Public Street-Design Criteria, Section 8.B.3
The 275' sight line is depicted on the site development plan and preliminary
landscape plan. The underlying property owner shall maintain this
condition."
The limits of these sight distance corridors shall be reflected on any improveme1
grading, or landscape plan prepared in association with this development.
lo 11 FeedAgreements
11
12
13
14
15
16
17
18
19
30. Developer shall cause property owner to execute and submit to the City Engineer i
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
31. Prior to approval of any grading or building permits for this project, Developer sh
cause Owner to give written consent to the City Engineer to the annexation of the a
shown within the boundaries of the subdivision into the existing City of Carlsbad Strt
Lighting and Landscaping District No. 1 , on a form provided by the City Engineer.
32. This project is within the proposed boundary of the Aviara Parkway/Poinsettia La]
Fee District. This project is required to pay a fair share contribution to the district. If tl
developer will be requesting fee credits on any portion of the facilities which a
required to be constructed in accordance with the conditions of approval for th
project, the developer must establish an accounting system for this constructio
prior to the beginning of the construction, to the satisfaction of the Princip
Engineering Inspector and City Engineer.
2o II Grading 21
22
23
24
25
26
27
28
33. Upon completion of grading, Developer shall file an "as-graded'' geologic plan with t
City Engineer. The plan shall clearly show all the geology as exposed by the gradil
operation, all geologic corrective measures as actually constructed and must be based f
a contour map which represents both the pre and post site grading. The plan shall 1.
signed by both the soils engineer and the engineering geologist, and shall be submitted (
a 24" x 36" mylar or similar drafting film format suitable for a permanent record. l
34. This project may require off site grading. No grading for private improvements shl
occur outside the limits of this approval unless Developer obtains, records and submits
recorded copy to the City Engineer, a grading or slope easement or agreement from tl
owners of the affected properties. If Developer is unable to obtain the grading or slo~
easement, or agreement, no grading permit will be issued. In that case Developer mu
either apply for and obtain an amendment of this approval or modifl the plans so gradir
will not occur outside the project and apply for and obtain a finding of substanti
conformance from both the City Engineer and Planning Director.
PC RES0 NO. 4784 -6-
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
35. Based upon a review of the proposed grading and the grading quantities shown on the s
plan, a grading permit for this project is required. Developer shall apply for and obtai!
grading permit from the City Engineer prior to issuance of a building permit for
project.
Coastal Conditions
36. If a Grading Permit is required, all grading activities shall be planned in units that can
completed by October 1st. Grading activities shall be limited to the "dry season", AF
1 st to October 1st of each year. Grading activities may be extended to November 1:
upon written approval of the City Engineer, obtained in advance, and only if all erosi
control measures are in place by October 1st.
Dedications/Improvements
37. Developer shall cause Owner to make an irrevocable offer of dedication to the C
and/or other appropriate entities for all public streets and other easements shown on 1
site plan. The offer shall be made by a separate recorded document. All land so offer
shall be offered free and clear of all liens and encumbrances and without cost. Streets ti
are already public are not required to be rededicated.
38. Developer shall comply with the City's requirements of the National Pollutant Dischar
Elimination System (NPDES) permit. Developer shall provide improvements construct
pursuant to best management practices as referenced in the "California Storm Water Bc
Management Practices Handbook" to reduce surface pollutants to an acceptable let
prior to discharge to sensitive areas. Plans for such improvements shall be submitted
and subject to the approval of the City Engineer. Said plans shall include but not
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when constructing or planning any changes to the landscaping and surface
improvements.
I
Special Engineering Conditions
39. Occupancy for the project cannot be granted until:
PC RES0 NO. 4784 -7-
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. Goldenbush Drive is connected to Plum Tree Road, including any remaining
off-site street improvements to Plum Tree Road and Plum Tree Road’s
connection to Aviara Parkway, to the south of the Mariano subdivision; and,
B. Full traffic signal installation is completed and operational at the Aviara
Parkway/Cobblestone Road intersection and Aviara ParkwayLaurel Tree
Road intersection.
40. An adjustment plat shall be prepared, approved and recorded aligning the
southerly property line of CT 97-14 (Mariano), Lot No. 47, with the centerline of
Plum Tree Road (Mariano “E” Street). Or, in the alternative, an easement must
be acquired, for this triangular area which is located between the southerly
property line of Lot No. 47 and the ultimate right of way for Plum Tree Road
(Mariano “E” Street), from the adjacent property owner (Sambi). In either case,
maintenance responsibilities for this area shall become the obligation of the
Mariano Homeowner’s Association. The easement must be approved and
recorded, and, the Mariano CC&Rs must be amended, reflecting the above,
prior to issuance of any building permit for this site development plan (SDP 97-
16A).
41. Some improvements (Goldenbush Drive) required by these conditions may be
located off-site on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If
unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and
comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to
notify and enable the City to successfully acquire said property by condemnation.
Water, Sewer, Recycled Water Conditions
42. This project is approved upon the expressed condition that building permits will not 1
issued for the development of the subject property, unless the District Engineer h
determined that adequate water and sewer facilities are available at the time
occupancy.
43. Prior to issuance of building permits, the entire potable water, recycled water, and sen
system shall be evaluated in detail to ensure that adequate capacity, pressure, and flo
demands can be met to the satisfaction of the District Engineer.
44. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal
determine if fire protection measures (fire flows and building sprinklers) are required
serve the project. The proposed fire hydrant shown on site plan SDP 97-16A shall 1
considered a public improvement and shall be served by public water mains to tl
satisfaction of the District Engineer.
45. Prior to issuance of building permits, Developer shall be pay all fees, deposits, a
charges for connection to public facilities. Developer shall pay the San Dieno Coun
Water Authority capacity charge prior to meter installation.
PC RES0 NO. 4784 -8-
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
46. The Developer shall install potable water services and meters at a location approved
the City Engineer. The locations of said services shall be reflected on public improvemc
plans.
47. The Developer shall install sewer laterals and clean-outs at a location approved by i
City Engineer. The locations of said sewer laterals shall be reflected on pub
improvement plans.
48. The Developer shall design and construct public facilities within the public right-of-w
or within minimum 20-feet wide easements granted to the City of Carlsbad. At t
discretion of the City Engineer, wider easements may be required for adequ:
maintenance, access and/or joint utility purposes.
49. Prior to issuance of building permit, Developer shall install a total of four (4) wa
meters for the project, as shown on Site Development Plan SDP 97-16A, or to t
satisfaction and as approved by the City Engineer. The on-site water meters sh
be located within a public water easement.
50. Prior to issuance of building permit, any trenching done to install water systems
streets which have been pavedkapped within the previous five (5) years shall 1
repaired by completely resurfacing the street from the curb line to the centerline
the street at a minimum 10 foot width to the satisfaction of the City Engineer or h
representative.
Code Reminders
51. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the fin
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
52. Developer shall pay the citywide Public Facilities Fee imposed by City Council Polic
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Sectic
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized 1:
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicab
Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All su(
taxedfees shall be paid at issuance of building pennit. If the taxedfees are not paid, th
approval will not be consistent with the General Plan and shall become void.
53. The Developer shall pay a landscape plan check and inspection fee as required by Sectic
20.08.050 of the Carlsbad Municipal Code.
54. Approval of this request shall not excuse compliance with all applicable sections of tl
Zoning Ordinance and all other applicable City ordinances in effect at time of buildin
permit issuance, except as otherwise specifically provided herein.
55. Addresses, approved by the Building Official, shall be placed on all new and existir
buildings so as to be plainly visible from the street or access road; color of identificatic
and/or addresses shall contrast to their background color, as required by Carlsbz
Municipal Code Section 18.04.320.
1) PC RES0 NO. 4784 -9-
e 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
56. Any signs proposed for this development shall at a minimum be designed in conformar
with the City’s Sign Ordinance and shall require review and approval of the Planni
Director prior to installation of such signs.
57. Developer shall exercise special care during the construction phase of this project
prevent off-site siltation. Planting and erosion control shall be provided in accordar
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfacti
of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fec
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Secti
66020(a), and file the protest and any other required information with the City Manager j
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timc
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactio:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannin
zoning, grading or other similar application processing or service fees in connection with tk
project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv
a NOTICE similar to this, or as to which the statute of limitations has previously othenvi
expired.
...
...
...
...
...
...
...
PC RES0 NO. 4784 -10-
a 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
PASSED, APPROVED AND ADOPTED at a regular meeting of the planni
Commission of the City of Carlsbad, California, held on the 7th day of June, 2000, by 1
following vote, to wit:
AYES: Chairperson Compas, Commissioners, Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
11 PC RES0 NO. 4784 -11-