HomeMy WebLinkAbout1999-03-17; Planning Commission; Resolution 4514’*
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PLANNING COMMISSION RESOLUTION NO. 4514
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN SDP 98-09 TO
CONSTRUCT 92 AFFORDABLE APARTMENT ON PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
AVENIDA ENCINAS AND POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 22
CASE NAME: POINSETTIA PROPERTIES PLANNING
CASE NO.: SDP 98-09
WHEREAS, HSL/BP Michan L.P. “Owner” and “Developer”, ha5
AREA 5
verified application with the City of Carlsbad regarding property described as
Portions of the East Half of Section 29 and the west half of Section
28, Township 12 south, Range 4 west, San Bernardino Base and
Meridian, in the City of Carlsbad, County of San Diego.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Dew
Plan as shown on Exhibit(s) “A” - “M” dated March 17, 1999, on file in the :
Department, POINSETTIA PROPERTIES PLANNING AREA 5, SDP 98-09 as proT
Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of March, 19
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Site Development Plan
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the 1
Commission RECOMMENDS APPROVAL of POINS
PROPERTIES PLANNING AREA 5, SDP 98-09 based on the fi
findings and subject to the following conditions:
Findinps:
1. That the requested use is properly related to the site, surroundings and envir
settings, is consistent with the various elements and objectives of the General 1
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrow
traffic circulation, in that the proposed 92 affordable apartment unit p!
consistent with the land use designation and density allowed by the P
Properties Specific Plan to help meet the housing needs of the communi
Project is consistent with all City policies and standards and the require]
Specific Plan 210. The City Council approved the specific plan and n
finding that the plan implements the General Plan and is consistent with tl
objectives and policies of the General Plan. The specific plan provides
following: 1) the provision of the necessary circulation element roadw
improvements (Avenida Encinas, Poinsettia Lane and Carlsbad Boulevard:
protection and enhancement of the off-site wetland areas; 3) the construc
future public trail; 4) the provisions for affordable housing; 5) compliance
Local Facilities Management Plan Zone 22 for public facilities and serv,
implementation of the mitigation, monitoring, and reporting program for
210 Program EIR, and, 7) the payment of all required mitigation fees
conversion of agricultural lands to urban land uses.
2. That the project is consistent with the Housing Element of the General Plan
Inclusionary Housing Ordinance as the Developer entered into an Affordable
Agreement to provide and deed restrict 92 dwelling units as affordable to lowel
households.
3. That the site for the intended use is adequate in size and shape to accommodate tk
that the project complies with all City policies and standards including th,
Zone, as well as the standards and design criteria established by the PC
Properties Specific Plan.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary I
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the project is consistent with the design crj
both the RD-M Zone and the Poinsettia Properties Specific Plan in that all s
have been provided, a pedestrian focus has been maintained, landscaping h
integrated throughout the site; and recreational facilities have been providl
variety of ages and life styles.
5. That the street systems serving the proposed use is adequate to properly handle a
generated by the proposed use, in that the public street will be improved to fu
with curbs, gutters, sidewalks, etc. and that the proposed street hr
PC RES0 NO. 4514 -2-
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demonstrated through the specific plan and Program EIR to be adec
accommodate the traffic generated by this project.
6. That the Planning Director has determined that the project is exempt 1
requirements of the California Environmental Quality Act (CEQA) per Section
the state CEQA Guidelines and will not have any adverse significant impac
environment.
7. The project has been conditioned to ensure the building permits will not be issue
project unless the District Engineer determines that sewer service is avail2
building cannot occur withn the project unless sewer service remains available
District Engineer is satisfied that the requirements of the Public Facilities Elemc
General Plan have been met insofar as they apply to sewer service for this projeci
A. The project has been conditioned to provide proof from the Carlsbad
School District that the project has satisfied its obligation for school facill
B. All necessary public improvements have been provided or are req
conditions of approval.
8. That the property is not subject to a contract entered into pursuant to t:
Conservation Act of 1965 (Williamson Act).
9. That the design of the subdivision provides, to the extent feasible, for future pi
natural heating or cooling opportunities in the subdivision, in that the site plan 1
for a variety of building placement alternatives, including the adequate sei
of the structures and the dominant westerly windholar radiation patterns, y1
utilization of natural heating and cooling opportunities.
10. That the Planning Commission has considered, in connection with the housing I
by this subdivision, the housing needs of the region, and balanced those housir
against the public service needs of the City and available fiscal and envirc
resources.
11. That the design of the subdivision and improvements are not likely to cause su
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that the project is subject to all applicable mitigation measures I
by the Mitigation Monitoring and Reporting Program certified with Final 1
EIR 96-10 as contained in Planning Commission Resolution No. 4157.
12. That the discharge of waste from the subdivision will not result in violation of
California Regional Water Quality Control Board requirements, in that the d
requirements of SP 210, City ordinances and standards, the Mello I1 SegmeI
Local Coastal Program and Best Management Practices for water quality ha
considered and appropriate drainage facilities have been designed as show]
project’s exhibits. The project is conditioned to comply with all applicable J!
Pollution Discharge Elimination System requirements.
PC RES0 NO. 4514 -3-
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13. That park credits for SP 210 have already been met through an agreement
Occidential Land Company, John D. Lusk & Son, and the City on June
whereby the previous property owner agreed to construct Poinsettia
dedicated park land and received park land credits for 725 units for a1
within Specific 210, including the subject parcel. Approval of SDP 98-09 wi
92 credits from the present balance of 725 leaving a remaining numbe:
available credits.
14. That Public Facility Fees for this project were waived by the City Council
meeting of December 8, 1998 when the Council also approved financial a
for the Poinsettia Gardens apartments affordable housing project and
their intent to issue multi-family housing revenue bonds for the constructic
subject project.
15. That, in August 1998, the Housing Commission reviewed the subj
development for this project and recommended approval by the I
Commission and City Council.
16. This project has been conditioned to comply with any requirement approved as p
Local Facilities Management Plan for Zone 22.
17. The Planning Commission has reviewed each of the exactions imposed on the C
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the extenl
degree of the exaction is in rough proportionality to the impact caused by the proj
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions upon I
of ths proposed Site Development Plan must be met prior to approval of a building perm
1. Staff is authorized and directed to make, or require Developer to make, all co:
and modifications to the Tentative Tract Map document(s) necessary to ma,
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different fiom this approval, shall require an amendment to this approval..
2. The Developer shall comply with all applicable provisions of federal, state, a:
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, def
hold harmless the City of Carlsbad, its Council members, officers, employees, agt
representatives, from and against any and all liabilities, losses, damages, demands
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, from (a) City’s approval and issuance of this Site Development P
(b) City’s approval or issuance of any permit or action, whether discretionary
I discretionary, in connection with the use contemplated herein.
PC RES0 NO. 4514 -4-
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4. The Developer shall provide the City with a reproducible 24” x 36”, mylar cc
Site Development Plan as approved by the final decision making body.
Development Plan reflect the conditions of approval by the City.
Development Plan copy shall be submitted to the City Engineer and approve
building, grading or improvement plan submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit pla~
reduced legible version of the approving resolution(s) on a 24” x 36” blueline
Building permits will not be issued for development of the subject property 1
District Engineer determines that sewer facilities are available at the time of a]
for such sewer permits and will continue to be available until time of occupancy.
6. This project shall comply with all conditions and mitigation measures which arc
as part of the Zone 22 Local Facilities Management Plan and any amendment!
that Plan prior to the issuance of building permits.
7. Prior to the issuance of building permits, the developer shall provide pro
Planning Director from the School District that this project has satisfied its ob1
provide school facilities
8. Approval of SDP 98-09 is granted subject to the approval of CDP 98-38. SDI
subject to all conditions contained in Planning Commission Resolution No.
CDP 99-05.
9. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this rl
housing project are challenged this approval shall be suspended as pro
Government Code Section 66020. If any such condition is determined to be in
approval shall be invalid unless the City Council determines that the project w:
condition complies with all requirements of law.
10. Prior to the issuance of building permits, Developer shall submit to the City a
Restriction to be filed in the office of the County Recorder, subject to the satis
the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Site Development Plan and Coastal develop me^
by Resolutions No. 4514 and 4515 on the real property owned by the Develo]
Notice of Restriction shall note the property description, location of the file CI
complete project details and all conditions of approval as well as any conc
restrictions specified for inclusion in the Notice of Restriction. The Planning
has the authority to execute and record an amendment to the notice which m(
terminates said notice upon a showing of good cause by the Developer or suc
interest.
11. All visitor parking spaces shall be striped a different color than the assignec
parking spaces and shall be clearly marked as may be approved by the Planning 1
PC RES0 NO. 4514 -5-
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12. An exterior lighting plan including parking areas shall be submitted for Planninl
approval. All lighting shall be designed to reflect downward and avoid any ir
adjacent homes or property.
13. No outdoor storage of materials shall occur onsite unless required by the Fire
such instance a storage plan will be submitted for approval by the Fire Chic
Planning Director.
14. The Developer shall prepare a detailed landscape and irrigation plan in confom
the approved Preliminary Landscape Plan and the City’s Landscape Manual. ‘
shall be submitted to and approval obtained from the Planning Director prj
approval of the final map, grading permit, or building permit, whichever occurs
Developer shall construct and install all landscaping as shown on the approved 1
maintain all landscaping in a healthy and thnving condition, free from weeds,
debris.
15. The first submittal of detailed landscape and irrigation plans shall be accompan:
project’s building, improvement, and grading plans. The first submittal 0.
landscape and irrigation plans shall be accompanied by the project’s
improvement, and grading plans.
16. The Developer shall submit and obtain Planning Director approval of a uni:
program for this development prior to occupancy of any building.
17. Building identification and/or addresses shall be placed on all new and existing
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color. Prior to occupancy of any
Developer shall construct a directory sign at the entrance to the project. The
this sign shall be approved by the Planning Director.
18. The Developer shall provide bus stops to service this development at locations
reasonable facilities to the satisfaction of the North County Transit Districl
Planning Director. Said facilities, if required, shall at a minimum include a bt
fi-om advertising, and a pole for the bus stop sign. The bench and pole shall be
to enhance or consistent with basic architectural theme of the project.
19. The Developer shall implement and comply with all applicable mitigation I
required by the Mitigation Monitoring and Reporting Program certified w
Program EIR 96-01 as contained in Planning Commission Resolution No. 41
20. The management company shall ensure that there is no outdoor stc
household goods, sports equipment, etc. on balconies and/or patios ex
barbeques, outdoor tables and chairs, or similar types of furniture common
on patios.
PC RES0 NO. 45 14 -6-
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21. Architectural grade composition shingle roofing identified as “Elk I;
Prestique High Definition on Antique Slate,” or a roofing material of simil:
shall be incorporated into the building design.
Eneineering:
22. Prior to issuance of any building permit, the developer shall comply
requirements of the City’s anti-graffiti program for wall treatments if and whl
program is formerly established by the City.
23. Prior to hauling dirt or construction materials to or from any proposed constn.
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all cond
requirements the City Engineer may impose with regards to the hauling operatio]
FeedAyreements
24. The developer shall pay all current fees and deposits required.
Grading
25. Based upon a review of the proposed grading and the grading quantities shown c
plan, a grading permit for this project is required. The developer must submit an
approval for grading plans in accordance with City codes and standards prior to
of a building permit for the project.
26. No grading for private improvements shall occur outside the limits of the projecl
grading or slope easement or agreement is obtained from the owners of the
properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develc
either amend the site plan or modify the plans so grading will not occur ou
project site in a manner which substantially conforms to the approved site
determined by the City Engineer and Planning Director.
27. The applicant shall maintain the temporary rip rap drainage facility in a
consistent with standard erosion control practices. The rip rap facility is ar
measure until development of adjacent areas which will at that time provide in!
of a permanent storm drain system and removal of the temporary rip rap facility.
28. Prior to the granting of a grading permit (including a grading permit for st(
purposes), the applicant shall supply the City with a letter from the U.S. Depar
Fish and Game and the U.S. Fish and Wildlife Service approving the grading pro1
29. Grading is prohibited from October 1 to April 1. The City Engineer may pi
extension of the grading season until November 15, 1999 if all precautionary r
regarding erosion, consistent with the City’s grading ordinance, have been put in 1
PC RES0 NO. 4514 -7-
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Dedications/Improvements
30. Additional drainage easements may be required. Drainage structures shall be PI
installed prior to or concurrent with any grading or building permit as may be re
the City Engineer.
31. The owner shall make an offer of dedication to the City for all public st
easements required by these conditions or shown on the site plan. The offel
made prior to issuance of any building permit for this project. All land so offere
granted to the City free and clear of all liens and encumbrances and without c
City. Streets that are already public are not required to be rededicated.
32. Avenida Encinas shall be dedicated by the owner along the project frontage b
center line to right-of-way width of 42 feet and in conformance with City of
Standards for a Secondary Arterial.
33. The full-width of Street "A", as shown on the Site Development Plan,
dedicated based on a public right-of-way width of 60 feet, and in conforma
City of Carlsbad Standards.
34. Prior to issuance of building permits, the developer shall underground all
overhead utilities along the project boundary.
35. The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro!
management practices as referenced in the "California Storm Water Best Mar
Practices Handbook" to reduce surface pollutants to an acceptable level prior to (
to sensitive areas. Plans for such improvements shall be approved by the City I
Said plans shall include but not be limited to notifying prospective owners and tl
the following:
A. All owners and tenants shall coordinate efforts to establish or wc
I established disposal programs to remove and properly dispose of tc hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, mc
antifreeze, solvents, paints, paint thinners, wood preservatives, and ot
fluids shall not be discharged into any street, public or private, or into sto
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Federal, State, County and City requirements as prescribed in their rc
containers.
C. Best Management Practices shall be used to eliminate or reduce surface p
when planning any changes to the landscaping and surface improvements.
36. Plans, specifications, and supporting documents for all public improvements
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prepared to the satisfaction of the City Engineer. In accordance with City Stan
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the site plan and the following improvements:
A. Full width street improvements to the entire length of Street “A”, 1
curb, gutter, sidewalk, streetlights, drainage facilities, underground
and landscaping.
B. Half-width street improvements to Avenida Encinas along thc
frontage and transition to existing improvements, in conformance 7
Standards for a Secondary Arterial.
Improvements listed above shall be constructed within 18 months of appro\
secured improvement agreement or such other time as provided in said agreemer
37. The structural section for the access aisles must be designed with a traffic index
accordance with City Standards due to truck access through the parking area anc
with an ADT greater than 500. The structural pavement design of the aisle way
submitted together with required R-value soil test information and approved bJ
as part of the lbuilding site plan review.
38. The design of all private streets and drainage systems shall be approved by
Engineer. The structural section of all private streets shall conform to City of
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fee:
paid prior to approval of any building or grading permit for this project.
Water:
39. The developer shall construct two parallel sewer lines in Street A. One line
constructed from Planning Area 5 to Avenida Encinas at a slope adequate to
velocity at 2 feet per second. This line will be an interim line until the sewer lift
built on one of the other planning areas on Parcel A. The second line shall be co
for the ultimate configuration from Avenida Encinas southerly in Street A acroz
frontage and stub at the southerly property line. The approximate invert elevatj
intersection of Avenida Encinas and Street A shall be 37.0 feet.
40. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute
to compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s ap
this Site Development Plan.
PC RES0 NO. 4514 -9-
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not
the following code reminders
41. The developer shall exercise special care during the construction phase of this
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
42. This approval shall become null and void if building permits are not issuec
project within 24 months from the date of project approval.
43. Approval of this request shall not excuse compliance with all applicable sectic
Zoning Ordinance and all other applicable City ordinances in effect at time 01
permit issuance, except as otherwise specifically provided herein.
44. The project shall comply with the latest non-residential disabled access reql
pursuant to Title 24 of the State Building Code.
45. All roof appurtenances, including air conditioners, shall be architecturally integ
concealed f?om view and the sound buffered from adjacent properties and I
substance as provided in Building Department Policy No. 80-6, to the satisfactj
Directors of Community Development and Planning.
46. Compact parking spaces shall be located in large groups, and in locations cleart
to the satisfaction of the Planning Director.
47. Prior to occupancy of the first dwelling unit the Developer shall provide all
passive and active recreational areas per the approved plans, including landsca
recreational facilities.
~ 48. All landscape and irrigation plans shall be prepared to conform with the L,
Manual and submitted per the landscape plan check procedures on file in the : I Department.
49. Any signs proposed for this development shall at a minimum be designed in coni
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
50. Prior to occupancy of any units, the applicant shall construct a directory si€
entrance to the project. The design of this sign shall be approved by the J
Director.
51. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wi
pursuant to City standards. Location of said receptacles shall be approved
Planning Director. Enclosure shall be of similar colors and/or materials to the p
the satisfaction of the Planning Director.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days fiom date of final approval to protest imposition of these fees/exa
you protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bl
a NOTICE similar to this, or as to which the statute of limitations has previously 1
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 17th day of March 199’
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Hewel
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PC RES0 NO. 4514 -1 1-