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HomeMy WebLinkAbout2000-09-06; Planning Commission; Resolution 48171 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 PLANNING COMMISSION RESOLUTION NO. 4817 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 00-03 TO CONSTRUCT 32 SINGLE- FAMILY HOMES ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: CARNATION PROPERTY CASE NO.: SDP 00-03 WHEREAS, Ryland Homes of California, Inc., a Delaware corporation, “Developer” and “Owner,” has filed a verified application with the City of Carlsbad regarding property described as The southeast quarter of the southeast quarter of the southwest quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the City of Carlshad, County of San Diego, State of California, according to the United States Government Survey approved April 21,189O (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “S” dated August 16, 2000, on file in the Planning Department, CARNATION PROPERTY - SDP 00-03 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of August, 2000 and on the 6th day of September, 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: f ; E c 1C 11 12 13 14 15 16 17 18 1S 2c 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 Planning Commission APPROVES CARNATION PROPERTY - SDP 00-03, based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 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 he 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 he provided by Carte Orchidia, Sitio Cedrela and Sitio Sago, local streets, designed to accommodate the 320 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 98-18) was approved in connection with the prior project and; B. C. This project is consistent with the project cited above; 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. PC RESO NO. 4817 -2. c ; 8 s 1c 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building 1. 2. 3. 4. 5. 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 laws and regulation 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. PC RESO NO. 4817 -3- 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 6. 7. 8. 9. 10. 11. 12. 13. 14. 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 00-05. SDP 00-03 is subject to all conditions contained in Resolution 4818. 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 sewer 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. 4817 and 4818 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. Developer shall construct a six-foot combination wall/view fence along the project’s frontage on Blackrail Road. The wall shall he a four-foot masonry unit and the two- foot fence above the wall shall be of tubular steel or wrought iron design. Six-foot masonry wing walls will be allowed at the project’s entry provided the wall does not encroach into the restricted sight distance corridor area and the required front yard setback. PC RESO NO. 4817 -4. 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 - Engineering 15. The City of Carlshad is presently considering action to reform Bridge and Thoroughfare District No. 2 (B&TD#2) to finance cost increases incurred and/or estimated to complete the design and construction of Aviara Parkway and Poinsettia Lane within the boundaries of the district. Prior to approval of a final map or issuance of a building permit on the project site, whichever occurs first, the property owner shall enter into an agreement with the City whereby the owner/developer agrees not to oppose the reformation of B&TD#2 and further agrees to pay their project’s fair share contribution for the B&TD#2 facilities in accordance the fee schedule as may he adopted by the City Council upon reformation of B&TD#2. In the event building permits are issued in advance of the reformation of the district, the owner/developer shall post a cash deposit with the City in the amount of the proposed fee as estimated in the latest revision to the B&TD#2 Fee Study Report available at the time of building permit issuance. The current estimate for the revised B&TD#2 fee is $850/ADT. The maximum amount of the project’s contribution towards the financing of Aviara Parkway and Poinsettia Lane will not exceed $1200/ADT. STANDARD CODE REMINDERS 16. 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. 17. 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. 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 PC RESO NO. 4817 -5- 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 NOTICE similar to this, or as to which the statute of limitations has previously othenvise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 6th day of September, 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Segall, Baker, L’Heureux, Trigas and Heineman NOES: ABSENT: Commissioner Nielsen ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RBSO NO. 4817 -6-