HomeMy WebLinkAbout2002-02-20; Planning Commission; Resolution 51471
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PLANNING COMMISSION RESOLUTION NO. 5147
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAd, CALIFORNIA, APPROVING SDP 01-16
FOR THE ARCHITECTURAL REVIEW OF BUILDING
ELEVATIONS AND FLOOR PLANS FOR 26 SINGLE FAMILY
TATION ON PROPERTY GENERALLY LOCATED EAST OF
RANCHO SANTA FE ROAD AND SOUTH OF CALLE ACERVO
IN LOCAL FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME: SADDLERIDGE
CASE NO.: SDP 01-16
WHEREAS, Centex Homes, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Rancho Mesa Verde LLC, “Owner,”
described as:
RESIDENTIAL UNITS, FENCING, AND ENTRY M0I”EN-
Lots 1 through 26 inclusive of Carlsbad Tract No. 90-03 in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 14134, filed in the office of the
County Recorder of San Diego County January 23,2001.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibit(s) “A” - (‘BB” dated February 20, 2002, on file in the Planning
Department, SHELLY PROPERTY - SDP 01-16 as provided by Chapter 21.06 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of February, 2002
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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SADDLERIDGE - SDP 01-16 based on the
following findings and subject to the following conditions:
Findinps:
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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.
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-1 development standards and the
Planned Development Ordinance in effect at the time the application was deemed
complete; 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 and maintained, in that the project has been designed in conformance with
the development standards for the zone and reflective of other residential
developments in the area.
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 off of Calle Acervo and
that the streets and thoroughfares are suitable and adequate to carry the anticipated
traffic thereon.
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 certified for CT 90-03
and:
A. This project is consistent with the project cited above; and
B. The project has no new significant environmental effect not analyzed as
significant in the prior Environmental Impact Report.
PC RES0 NO. 5147 -2-
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7. 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:
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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 Mer 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 SADDLERIDGE - SDP 01-16 as shown on Exhibits “An -
“BB’, dated February 20, 2002, 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 DeveloperDperator 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,
PC RES0 NO. 5147 -3-
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including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
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@) 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 School Districts that this
project has satisfied its obligation to provide school facilities.
This approval shall become null and void if building permits are not issued for this
project within 18 months fiom the date of project approval.
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, notifymg all interested parties and
successors in interest that the City of Carlsbad has issued a Site Development Plan by
Resolutions No. 5147 on the real property owned by the Developer. Said Notice of
Restriction shall note the property description, location of the file containing complete
PC RES0 NO. 5147 -4-
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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.
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 districts provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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 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 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 RES0 NO. 5147 -5-
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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 20th day of February 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Heineman, Segall, White,
and Whitton
NOES: Commissioner Baker
ABSENT: Commissioner Dominguez
ABSTAIN:
n
SEENA TRTGAS, Chairperson
CARLSBAD PLANNING COMMISSION
U
ATTEST:
t
Planning Director
PC RES0 NO. 5147 -6-