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HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50601 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. 5060 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SDP 01-06 FOR THE ARCHITECTURAL REVIEW OF BUILDING ELEVATIONS AND FLOOR PLANS FOR 155 SINGLE FAMILY RESIDENTIAL UN-ITS, FENCING, ENTRY MONUMENTATION AND RV STORAGE DESIGN ON PROPERTY GENERALLY LOCATED EAST OF RANCH0 SANTA FE ROAD AND NORTH OF CALLE ACERVO IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: ARROYO VISTA CASE NO.: SDP 01-06 WHEREAS, Continental Residential, Inc., as “Owner”/“Developer,” has filed a verified application with the City of Carlsbad regarding property described as: A portion of Lots 13 and 14 of the Subdivision of Ranch0 Las Encinitas, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 848, filed in the Office of the County Recorder of San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “Al” - “A7S dated October 17, 2001, on file in the Planning Department, ARlXOYO VISTA - SDP 01-06 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of October, 2001 on the 7th day of November 2001 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: 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 Planning Commission APPROVES ARROYO VISTA - SDP 01-06 based on the following findings and subject to the following conditions: ~ FindinPs: ’ 1. 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; no encroachments into sensitive habitat are proposed; and the proposed residential structures are typical in size and design for the surrounding area. 2. 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 the Planned Development Ordinance and fit within the existing lot lines and property boundaries and will be architecturally compatible with future surrounding development. 3. 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 consistent with the provision of the Planned Development Ordinance with regard to minimum 10 foot front yard setbacks with a minimum average of 15 foot front yard setbacks through out the subdivision and maintained as conditioned through the approval of the Site Development Plan. 4. 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 Ranch0 Santa Fe Road and Calle Acervo and that the streets and thoroughfares are suitable and adequate to carry the anticipated traffic thereon. 5. That the inclusionary housing requirements for this project will be met through payment of an inclusionary housing impact fee assessed on each individual residential lot as conditioned by the approved Shelley Tract Map (CT 90-03; PC Reso No. 4350). 6. The Planning Director has determined that the project is a project for which an Environmental Impact Report (FIR 90-06) was previously adopted and: A. An Environmental Impact Report (for CT 90-03) was approved in connection with the prior project and; B. This project is consistent with the project sited above; PC RESO NO. 5060 -2- 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 C. The project has no new significant environmental effect not analyzed as significant in the prior Environmental Impact Report; and Conditions: Note: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to Building 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. Approval is granted for Arroyo Vista SDP 01-06 as shown on Exhibits “Al”-“A75”, dated October 17, 2001, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 regulations 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 (4 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. 5060 -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 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 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 final decision making body. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable signed approved site plan. This project shall comply with all conditions and mitigation measures which are required as part of EIR 90-06 for the Shelley Tract Map (CT 90-03) approved by the City Council on December 15,1998 and the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Building identification and/or addresses shall be placed on all 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. The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union and San Dieguito Union Unified School Districts that this project has satisfied its obligation to provide school facilities. Prior to the issuance of building permits for the production homes, 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 by Resolutions No. 5060 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. PC RESO NO. 5060 -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 17. 18. 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. The developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Approval of SDP 01-06 is granted subject to the approval of PUD 90-04(A) and V Ol- 04. SDP 01-06 is subject to all conditions contained in Planning Commission Resolution No. 5061 for PUD 90-04(A) and Planning Commission Resolution No. 5097 for V 01-04. 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 file 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. . . . . . . . . . . . . . . . PC RESO NO. 5060 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of November 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Compas, Heineman, and Trigas NOES: Commissioners Dominguez and Nielsen ABSENT: Commissioner Baker ABSTAIN: ATTEST: MICHAEL J. HXZMIMER Planning Director PC RESO NO. 5060 -6-