HomeMy WebLinkAbout2003-11-19; Planning Commission; Resolution 55021
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PLANNING COMMISSION RESOLUTION NO. 5502
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNTA, APPROVING SITE
UNITS ON PROPERTY GENERALLY LOCATED EAST OF
BLACK RAIL ROAD IN LOCAL, FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: AVIARA POINTE
DEVELOPMENT PLAN’ SDP 03-05 TO ALLOW RESIDENTIAL
CASE NO.: SDP 03-05
WHEREAS, Nobel Homes, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Aviara Pointe, LLC, “Owner,” described as
Lots 1 to 13, inclusive, of Tract No. CT 99-10, in the City of
Carlsbad, County of San Diego, State of California, as per map
filed as No. 14518, in the Office of the County Recorder of said
County on December 20,2002
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “DD” dated November 19, 2003, on file in the Planning
Department, AVIARA POINTE - SDP 03-05, as provided by Chapter 21.06/Section 21.53.120
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of November 2003,
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 Com.ission 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 APPROVES AVIARA POINTE - SDP 03-05, based on the
following findings and subject to the following conditions:
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Findings:
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That the requested use is properl! related to the site, surroundings and environmental
settings, is consistent with the vari us 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 consists of the placement of 12 single-family
homes on previously subdivided and graded single-family lots; therefore, the project
is consistent with the property’s RLM General Plan designation; compatible with
existing and future single-family development in the area, and the ADT generated
by the residences will not negatively impact traffic circulation.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that single-family residences on each lot are in accordance with the required R-1
zone lot coverage and building placement zoning standards.
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 single-family residences meet or exceed all R-1
development standards.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that road segments and intersections serving the
project operate at acceptable levels of service.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 - Infill Projects, of
the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Zone 20 Specific Plan
based on the facts set forth in the staff report dated November 19, 2003, including, but
not limited to the following: the single-family residences are consistent with the land
use anticipated by the RLM General Plan designation and the Zone 20 Specific Plan
Area E development standards and architectural guidelines.
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 issuance of
building permits.
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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.
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.
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. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
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This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 20 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.
This approval is granted subject to the approval of CDP 03-18 and is subject to all
conditions contained in Planning Commission Resolution No. 5503 for that other
approval is incorporated herein by reference.
Prior to the issuance of a building permit, 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 Resolution No. 5502 on the
property. 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.
Single car garage door widths shall be a minimum of 9 feet.
Plan 5 garages shall be converted to three car garages and a workshop. Exterior
front elevations shall include windows in place of the fourth garage door.
En pineering
Note: Unless specifically stated in the condition, all of the following engineering conditions
must be met prior to approval of a grading permit or building permit whichever
occurs first.
General
14. Prior to issuance of any building permit, The Developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when the City
formally establishes such a program.
15. Prior to hauling dirt or construction materials to or from this project, the developer shall
submit to and receive approval from the City Engineer for the proposed haul route. The
developer shall comply with all conditions and requirements the City Engineer may
impose with regards to the hauling operation.
16. The developer shall provide for sight distance corridors at all street intersections in
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accordance with Engineering Standards. The limits of these sight distance corridors
shall be reflected on any grading, or landscape plan prepared in association with
this development.
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance comdor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3.
FeesjAgreements
17. The developer shall pay all current fees and deposits required.
18. Prior to the approval of a grading permit or building permit whichever occurs first,
Developer shall contribute a pro-rata share of the cost of the traffic signal at Black Rail
Road and Poinsettia Lane, based upon average daily trips as determined by a traffic
analysis approved by the City Engineer.
19. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
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Based upon a review of the proposed grading and the grading quantities shown on the site
development plan, an additional grading permit for this project is required. (A precise
grading plan will be required for the final grading proposed by the placement of
development.)
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm Water Management Plan (SUSMP), Order 2001-01 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code. The SWMP shall address measures to avoid contact or filter said
pollutants from storm water, to the maximum extent practicable, for the post-construction
stage of the project. At a minimum, the SWMP shall:
a. identifL existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
c. recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
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d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construction BMPs in perpetuity; and
identi@ how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
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Code Reminders
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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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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
“ feedexactions. ”
You have 90 days fi-om date of final approval to protest imposition of these feedexactions. 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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 19th day of November 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
cpp, , Chairperson
CARk$3&) PLANNING COMMISSION
ATTEST:
MICHAEL J. HmMILl!$,R
Planning Director
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