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HomeMy WebLinkAbout1997-08-06; Planning Commission; Resolution 4146\ % 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 0 0 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: /I 0 0 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 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; PC RES0 NO. 4146 -2- II 0 0 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 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; PC RES0 NO. 4146 -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 0 e 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. PC RES0 NO. 4146 -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 ' 0 e 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. I I ... PC RES0 NO. 4146 -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 0 e 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. ~ PC RES0 NO. 4146 -6- 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 e 0 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 $ &.& ”>%:- i. 4, -. ./’. /! ,y427“ ,” {q>+*’--.:. *e j’ ..*” -i. .I 1- ’ :* ~-.. *jj .,I__. ??*. 7“?3.-“+%- :.”: ”. i ,I + ”-& < ,x>’ - &. J ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMIYLER Planning Director I 1 PC RES0 NO. 4146 -7-