HomeMy WebLinkAbout2000-08-02; Planning Commission; Resolution 47881
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PLANNING COMMISSION RESOLUTION NO. 4788
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 00-01 TO CONSTRUCT 37 SINGLE-
FAMILY HOMES ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF
POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN
LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: HADLEY PROPERTY
CASE NO.: SDP 00-01
WHEREAS, Ryland Homes of California, Inc., a Delaware corporation,
“Developer” and “Owner,” has tiled a verified application with the City of Carlsbad regarding
property described as
A portion of the south half of the southwest quarter of the
southeast quarter of Section 22, Township 12 south, Range 4
west, San Bernardino base and meridian, in the County of San
Diego, State of California, according to the United States
Government Survey
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Revised Exhibits “A” - “R” dated August 2, 2000, on tile in the Planning
Department, HADLEY PROPERTY - SDP 00-01 as provided by Chapter 21.06 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of July, 2000, and on
the 2nd day of August, 2000, 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES HADLEY PROPERTY, SDP 00-01, based on the
following findings and subject to the following conditions:
Findinvs:
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That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the project’s density is consistent with the Residential Low-
Medium General Plan designation for the property; all necessary public streets and
utilities have been, or will be dedicated and improved, prior to occupancy of any
units; no conflicts with existing easements will result from the development, and no
encroachments into sensitive habitat are proposed.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that all of the proposed homes comply with all R-l development standards and fit
within the existing lot lines and property boundaries and will be architecturally
compatible with future surrounding development.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed Site Development Plan complies with
all development standards for single family development and the Zone 20 Specific
Plan in that the project proposes a variety of architectural styles and provides
varied front-yard setbacks.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that access will be provided by Corte Orchidia and
Cabela Place, local streets, designed to accommodate the 370 ADT proposed by the
project.
The Planning Director has determined that the project is a project for which a Mitigated
Negative Declaration was previously adopted [ 15 1621 and;
A. A Mitigated Negative Declaration (for CT 98-17) was approved in connection
with the prior project and;
B. This project is consistent with the project cited above;
PC RESO NO. 4788 -2-
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C. The project has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration; and
D. None of the circumstances requiring a Subsequent Mitigated Negative
Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or
15163 exist.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
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permit.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
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The Developer shall submit to the Planning Department a reproducible 24” x 36,”
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
Developer shall provide proof to the Director from the School District that this project
has satisfied its obligation to provide school facilities.
This approval is granted subject to the approval of CDP 00-02. SDP 00-01 is subject to
all conditions contained in Resolution 4789.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewe? facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
The Developer shall provide a minimum of 25 percent of the lots with adequate sideyard
area for Recreational Vehicle storage pursuant to City Standards.
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan and Coastal Development Permit by Resolutions No. 4788 and
4789 on the real property owned by the Developer. Said Notice of Restriction shall note
the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
STANDARD CODE REMINDERS
14. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
15. Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 2nd day of August, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Segall, and Trigas
NOES:
ABSENT: Commissioners Baker and Nielsen
ABSTAIN:
WILLIAM COMPAS, Chai erson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILL&
Planning Director
PC RESO NO. 4788