HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50621
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. 5062
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SDP 01-07
FOR THE ARCHITECTURAL REVIEW OF BUILDING
ELEVATIONS AND FLOOR PLANS FOR 63 SINGLE-FAMILY
RESIDENTIAL UNITS, FENCING AND ENTRY MONUMENTA-
TION ON PROPERTY GENERALLY LOCATED EAST OF
RANCH0 SANTA FE ROAD AND NORTH OF CALLE ACERVO
IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: TIBURON CASE NO.: SDP 01-07
WHEREAS, Continental Residential, Inc., as both “Owner” and “Developer,”
has filed a verified application with the City of Carlsbad regarding described as:
Lots 182 through 255 inclusive of the City of Carlsbad Tract
No. 90-3, Shelley Property, Unit No. 4, according to map
thereof No. 14196, filed April 25, 2001, in the Office of the
County Recorder of San Diego County, in the City of Carlsbad,
County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibit(s) “A” - “U” dated October 17, 2001, on file in the Planning
Department, TIBURON - SDP 01-07 as provided by Chapter 21.06kIection 2153.120 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of October, 2001
and 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:
A) That the foregoing recitations are true and correct.
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
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES TIBURON SDP 01-07 based on the following
findings and subject to the following conditions:
FindinPs:
1.
2.
3.
4.
5.
6.
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 derisity 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.
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.
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.
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; that the streets and thoroughfares are suitable and adequate to carry the
anticipated traffic; and, since the project is not designed to carry traffic through to
any other subdivision or collector street, private gate-guarded streets will not have a
detrimental effect on the local street circulation.
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; Planning Commission
Resolution No. 4350).
The Planning Director has determined that the project is a project for which an
Environmental Impact Report (EIR 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. 5062 -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 Tibkron SDP 01-07 as shown on Exhibits “A” -“U”, 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. 5062 -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.
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.
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.
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 offrice 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
Resolution No. 5062 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.
Approval of SDP 01-07 is granted subject to the approval of PUD 90-04(B) and V Ol- 05. SDP 01-07 is subject to all conditions contained in Planning Commission
Resolution No. 5063, for PUD 90-04(B) and Planning Commission Resolution No.
5098 for V 01-05.
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.
PC RESO NO. 5062 -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
16.
17.
18.
19.
20.
21.
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.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union and San Dieguito Union School Districts that this
project has satisfied its obligation to provide school facilities.
Prior to issuance of building permits within this development, Developer shall
execute and record or provide evidence of an existing Development Improvement
Agreement to design and install and secure with appropriate security as provided by law,
public improvements shown on the site development plan and the following
improvements including, but not limited to installation of traffic signals and ultimate
intersection striping per City Standards and constructed to the satisfaction of the City
Engineer. The improvements consist of:
A. Design and construct a new fully actuated traffic signal at the intersection of
Avenida Aragon and Ranch0 Santa Fe Road at the entryway of the project.
Developer acknowledges the necessity of this signal is to serve only this
project and Developer will bear all costs associated with the design and
construction of this signal, when warrants are met. The signal shall be
interconnected with adjacent signals to facilitate signal coordination.
Developer shall post security for the design and construction of said improvements.
The Agreement shall be kept in force and security kept valid for a period of 3-years
after the last building permit has been issued within this Development.
Improvements listed above shall be constructed only when the City Engineer has determined that traffic signal warrants have been met.
Private streets within this Site Development Plan are subject to approval of a street
vacation (SVT 01-03) by the Carlsbad City Council. Developer shall prepare,
process, and receive approval of a street vacation before the internal streets
(Avenida Aragon, Avenida Secrete, Sitio Toledo, and Sitio Audalucia) are
considered “Private” Streets. This street vacation must be completed prior to
transfer of ownership of any of the homes and must include a reservation of public
access and general public utility easements.
PC RESO NO. 5062 -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
22.
23.
Developer shall provide to the City Engineer, an amendment to the existing CC&Rs
for CT 90-03 and/or evidence within the existing CC&Rs for CT 90-03 and/or new
CC&&s for the Tiburon Homeowners Association that addresses the private
easements within the subdivision and all the private improvements including: paving,
curb, gutter, sidewalks, median landscaping/irrigation, parkway landscaping/irrigation,
and street lights located therein and notifies owners within the development of their
obligation to maintain the private street improvements and how to distribute the costs
of such maintenance in an equitable manner among the owners of the properties within
the subdivision.
Developer shall process construction revisions to the approved drawings for CT 90-03
(Shelley, Unit 4) as necessary to facilitate the changes as proposed by this project.
Developer shall pay all fees associated with these revisions.
Code Reminder
24. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer
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. 5062 -6-
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:
N
ATTEST:
MICHAEL J. MLzWLER
Planning Director
PC RESO NO. 5062 -7-