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Home My WebLink About2001-12-05; Planning Commission; Resolution 50761 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. 5076 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 99-06 TO ALLOW THE SUBDIVISION, GRADING AND CONSTRUCTION OF 82.20 ACRES, CREATING 238 SINGLE FAMILY LOTS WITH DWELLINGS, TWO OPEN SPACE LOTS, THREE RECREATION LOTS, ONE RECREATIONAL VEHICLE STORAGE LOT AND A 24 UNIT, FOR-SALE CONDOMINIUM PROJECT AFFORDABLE TO LOWER- INCOME HOUSEHOLDS ON PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF POINSETTIA LANE, BETWEEN AVIARA PARKWAY AND SNAPDRAGON DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: THOMPSON/TABATA CASE NO.: SDP 99-06 WHEREAS, Standard Pacific Homes, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Standard Pacific Corporation and David B. Thompson and Karen R Thompson, “Owner,” described as The northeast quarter of the northeast quarter and the southeast quarter of the northeast quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, according to the official plat thereof; together with that portion of the southeast quarter of Section 21, Township 12 South, Range 4 West of the San Bernardino Meridian, according to the official plat thereof, shown on Parcel B on a Certificate of Compliance recorded November 7,1988 as File No. 88-569475 and on Record of Survey Map No. 12096, filed on March 23, 1989; all lying within the City of Carlsbad, County of San Diego, State of California; except therefrom those portions thereof vested with Tabata Brothers Partnership by documents recorded November 13, 1972 as File No. 303362 and November 4, 1974 as Files No. 74-292547 and 74- 292548; and except therefrom those portions lying within Poinsettia Lane and Rose Drive as described in Files No. 89-546752, 89- 637695, go-146889 and 91-0036964 of Official Records, (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “EEEE” dated November 9, 2001, on file in the Planning Department, THOMPSON/TABATA - SDP 99-06 as provided by Chapter 21.06 and Section 21.53.120 of the Carlsbad Municipal Code; and 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 WHEREAS, the Planning Commission did, on the 7th day of November, 2001 and on the 5th day of December 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. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of THOMPSON/TARATA SDP 99-06 based on the following findings and subject to the following conditions: Findings: 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 proposed density is equal to or lower than the surrounding residential development and is consistent with the General Plan Land Use designations for the property; all roads necessary to serve the development will be constructed prior to, or concurrent with, development, the grading quantities are limited to an acceptable level of 6,042 cubic yards per acre, and the proposed grading results in a sloping topography similar to the existing topography of the site. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project site can accommodate the proposed residential development while complying with all development standards and public facilities requirements applicable to the project. 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 and maintained, in that the proposed in-fill residential development will be surrounded by solid masonry walls and landscaping and is compatible with the surrounding single family and multifamily land uses. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is served by Poinsettia Lane, a major arterial, and will connect to four existing local streets: Alyssum Road, Rose Drive, PC RESO NO. 5076 -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 Lonicera Drive and Lemon Leaf Drive. The project-specific traffic report (Traffic Impact Analvsis, Thompson Propertv, Carlsbad, California, dated December 6, 2000, Linscott, Law & Greenspan Engineers) states that no adverse impacts due to traffic circulation will occur with this project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or building permit, whichever occurs first. 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. This approval is granted subject to the approval of ZC 98-08, LCPA 98-04, CT 98-14, PUD 98-05, CP 00-02, HDP 98-15, and CDP 98-68 and is subject to all conditions contained in Planning Commission Resolutions No. 5071, 5072, 5073, 5074, 5075, 5077 and 5078 for those other approvals. PC RESO NO. 5076 -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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 5th day of December 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: ATTEST: MICHAEL J. HWZMIUER Planning Director PC RESO NO. 5076 -4-