HomeMy WebLinkAbout1997-08-06; Planning Commission; Resolution 4146\ %
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PLANNING COMMISSION RESOLUTION NO. 4146
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION
OF 61 SINGLE FAMILY HOMES ON PREGRADED LOTS
WITHIN AVIARA PLANNING AREA 28 ON PROPERTY
GENERALLY LOCATED SOUTH OF BATIQUITOS DRIVE,
BETWEEN GOLDEN STAR LANE AND MELODIA
TERRACE IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: BELLA LAG0 - AVIARA PA 28
CASE NO.: SDP 97-01
WHEREAS, Brookfield Carlsbad, Inc, “Developer”, has filed a ver
application with the City of Carlsbad regarding property owned by Brookfield Carlsbad,
“Owner”, described as
All of Carlsbad Tract No. CT 90-31, Units 1 and 2, according
to Maps No. 13368 and 13369, filed in the Office of the County
Recorder on November 8, 1996, 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 Develop1
Plan as shown on Exhibits “A” - “0“ dated August 6,1997 , on file in the Planning Departm
Site Development Plan SDP 97-01 as provided by Chapter 21.06 of the Carlsbad Munic
Code; and
WHEREAS, the Planning Commission did, on the 6th day of August 1997 ,I
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testirr
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
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 Plm
Commission APPROVES Site Development Plan, SDP 97-01 based on
following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environm
settings, is consistent with the various elements and objectives of the General Plan,
not be detrimental to existing uses or to uses specifically permitted in the area in m
the proposed use is to be located, and will not adversely impact the site, surroundin1
traffic circulation, in that the project is at the appropriate density, will provid
necessary facilities prior to occupancy, maintains the existing surrounding I
space areas and precludes the sedimentation and contamination of the Batiql
Lagoon.
2. That the site for the intended use is adequate in size and shape to accommodate the u:
that the proposed single family homes can fit within the existing lot lines and grr
pads.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to a
the requested use to existing or permitted future uses in the neighborhood wi
provided and maintained, in that the proposed development meets or exceeds
development standards of the master plan, which were designed to incr
compatibility of the proposed single family homes with the adjacent open space
development.
4. That the street systems serving the proposed use is adequate to properly handle all tr
generated by the proposed use, in that the proposed homes will gent
approximately 488 average daily vehicle trips which can be accommodated om
collector street of Batiquitos Drive.
5. The Planning Commission finds that the project is in conformance with the Elemer
the City's General Plan, based on the following:
a. Land Use - a single family residential project at a density of 1.44 dwelling
acre is consistent with the RLM designation;
b. Circulation - all necessary street improvements have been completed;
c. Housing -all affordable housing requirements for Planning Area 28
accommodated by the Villa Loma project;
d. Open Space and Conservation - project maintains amount of native ha'
and erosion control and NPDES requirements reduce lagoon sediment2
and contamination;
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e. Public Safety - the proposed single family homes will be constructe
accordance with the seismic design standards of the Uniform Building (
and State building requirements and an emergency access route wil
maintained throughout construction;
6. The project is consistent with the City-Wide Facilities and Improvements Plan,
applicable local facilities management plan and all City public facility policies
ordinances since:
a. The project has been conditioned to ensure the building permits will not be is
for the project unless the District Engineer determines that sewer servic
available, and building cannot occur within the project unless sewer se~
remains available, and the District Engineer is satisfied that the requiremen
the Public Facilities Element of the General Plan have been met insofar as
apply to sewer service for this project.
b. All necessary public improvements have been provided.
c. The Developer has agreed and is required by the inclusion of an approp
condition to pay a public facilities fee. Performance of that contract and payr
of the fee will enable this body to find that public facilities will be avail
concurrent with need as required by the General Plan.
7. The project has been conditioned to pay any increase in public facility fee, or
construction tax, or development fees, and has agreed to abide by any additi
requirements established by a Local Facilities Management Plan prepared pursuar
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabili
public facilities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as part oj
Local Facilities Management Plan for Zone 19.
9. The Planning Commission finds that:
a. the project is a type of project described in CEQA Guidelines - 15 168(c)(2)
(4 ;
b. the project is consistent with the General Plan and Site Development Plan;
c. there was an EIR certified and Mitigated Negative Declaration approvec
connection with the prior General Plan Update and Site Development Plan;
d. the project has no new significant environmental effect not analyzed as sign5
in the prior EIR and Mitigated Negative Declaration;
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e. none of the circumstances requiring Subsequent or a Supplemental EIR L
CEQA Guidelines Sections 15 162 or 15 163 exist;
10. The Planning Commission finds that all feasible mitigation measures or pr
alternatives identified in the MEIR and Mitigated Negative Declaration whicl
appropriate to this Subsequent Project have been incorporated into this Subset
Project.
Conditions:
1. The Planning Commission does hereby APPROVE the Site Development Plan fo
project entitled Bella Lago - Aviara PA 28 (Exhibits “A” - “O”, dated August 6,
on file in the Planning Department and incorporated by this reference, subject tc
conditions herein set forth with the exception of Lot 44 which is restricted
maximum building height of 22 feet.) Staff is authorized and directed to mak
require Developer to make, all corrections and modifications to the Site Develop:
Plan documents, as necessary, to make them internally consistent and in conformity
final action on the project. Development shall oocw substantially as shown ir
approved Exhibits. Any proposed development substantially different from this apprc
shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and :
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy o
Site Plan as approved by the final decision making body. The Site Plan shall reflec
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occws first.
4. Building permits will not be issued for development of the subject property unless
District Engineer determines that sewer facilities are available at the time of applicz
for such sewer permits and will continue to be available until time of occupancy.
5. The Developer shall pay the public facilities fee adopted by the City Council on Jul~
1987, (amended July 2, 1991) and as amended from time to time, and any develop1
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Munic
Code or other ordinance adopted to implement a growth management system or Facil
and Improvement Plan and to fulfill the subdivider’s agreement to pay the pi
facilities fee dated February 5, 1997, a copy of which is on file with the City Clerk
is incorporated by this reference. If the fees are not paid, this application will no
consistent with the General Plan and approval for this project will be void.
6. The Developer shall provide proof of payment of statutory school fees to mitj
conditions of overcrowding as part of the building permit application. The amom
these fees shall be determined by the fee schedule in effect at the time of building pe
application.
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7. This project shall comply with all conditions and mitigation measures which are req
as part of the Zone 19 Local Facilities Management Plan and any amendments mal
that Plan prior to the issuance of building permits.
8. If any condition for construction of any public improvements or facilities, or the pay]
of any fees in-lieu thereof, imposed by this approval or imposed by law on this reside
housing project are challenged this approval shall be suspended as provide,
Government Code Section 66020. If any such condition is determined to be invalid
approval shall be invalid unless the City Council determines that the project withou
condition complies with all requirements of law.
9. Approval of SDP 97-01 is granted subject to the approval of CDP 97-14. SDP 97-1
subject to all conditions contained in Planning Commission Resolution No. 414;
CDP 97-14.
10. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the approved Preliminary Landscape Plan and the City's Landscape Manual. The I
shall be submitted to and approval obtained from the Planning Director prior tc
approval of the final map, grading permit, or building permit, whichever occurs first.
Developer shall construct and install all landscaping as shown on the approved plans,
maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
debris. Said landscaping plans shall include specimen trees and shrubs incorpor;
into the planting of the internal slopes and those slopes along the southern por
of Planning Area 28 intended to screen and soften public views of the site, to
satisfaction of the Planning Director.
11. The first submittal of detailed landscape and irrigation plans shall be accompanied bj
project's building, improvement, and grading plans.
12. Building identification and/or addresses shall be placed on all new and existing build
so as to be plainly visible from the street or access road; color of identification an
addresses shall contrast to their background color.
13. The Developer shall display a current Zoning and Land Use Map in the sales office a
times, or suitable alternative to the satisfaction of the Planning Director.
14. All sales maps that are distributed or made available to the public shall include but no
limited to trails, future and existing schools, parks and streets.
15. Prior to issuance of building permits, the Developer shall submit proof
satisfaction of all special conditions from Coastal Development Permit 6-96-43
6-96-38 for Aviara Planning Area 28 including, but not limited to, public ac,
disclosure and improvements.
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Engineering:
16. Lots 5,6,44, and 45 shall be designed to comply with driveway setback standarc
Fire Department: -
17. Prior to issuance of building permits, the Fire Department shall evaluate building 1
for conformance with applicable fire and life safety requirements of the state and
Fire Codes.
18. The applicant shall submit a site plan to the Fire Department for approval, which de
the location of required, proposed and existing public water mains and fire hydrants.
plan should include off-site fire hydrants within 200 feet of the project.
19. The applicant shall submit a site plan depicting emergency routes, driveways and tr
circulation for Fire Department approval.
20. All required water mains, fire hydrants and appurtenances shall be operational bi
combustible building materials are located on the construction site.
2 1. Prior to final inspection, all security gate systems controlling vehicular access sha
equipped with a “Knox” key-operated emergency entry device. The applicant ~
contact the Fire Prevention Bureau for specifications and approvals prior to installatic
22. Prior to building occupancy, private roads and driveways which serve as required ac
for emergency service vehicles shall be posted as fire lanes in accordance with
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
23. The applicant shall provide a street map which conforms to the following requiremt
A 400 scale photo-reduction mylar, depicting proposed improvements and at least
existing intersections or streets. The map shall clearly depict street centerlines, hyc
locations and street names.
General:
24. If any of the foregoing conditions fail to occur; or if they are, by their terms, ti
implemented and maintained over time, if any of such conditions fail to bt
implemented and maintained according to their terms, the City shall have the rig1
revoke or modify all approvals herein granted; deny or further condition issuance c
future building permits; deny, revoke or further condition all certificates of occupz
issued under the authority of approvals herein granted; institute and prosecute litigatic
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approv;
this Site Development Plan.
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Code Reminders:
1. The Developer shall pay a landscape plan check and inspection fee as required by Se
20.08.050 of the Carlsbad Municipal Code.
2. Approval of this request shall not excuse compliance with all applicable sections o
Zoning Ordinance and all other applicable City ordinances in effect at time of bui:
permit issuance, except as otherwise specifically provided herein
3. All landscape and irrigation plans shall be prepared to conform with the Land:
Manual and submitted per the landscape plan check procedures on file in the Plar
Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of the plan
Commission of the City of Carlsbad, California, held on the 6th day of August 1997, b!
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heiner
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMIYLER
Planning Director
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