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HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4522*.+” % 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PLANNING COMMISSION RESOLUTION NO. 4522 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE CARRILLO RECREATION CENTER ON PROPERTY GENERALLY LOCATED AT THE CORNER OF CARRILLO WAY AND MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: RANCHO CARRILLO RECREATION CASE NO.: SDP 98-20 WHEREAS, Continental Ranch, Inc., “Developer”, has filed i application with the City of Carlsbad regarding property owned by Continental Ra “Owner”, described as DEVELOPMENT PLAN SDP 98-20 TO ALLOW THE RANCHO CENTER Lots 105 and 106 of Carlsbad Tract No. 93-04, Rancho Carrillo Village Q Phase 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13551 filed in the office of the County Recorder of San Diego County, March 31,1998. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site De Plan as shown on Exhibit(s) “A” - “F” dated April 7,1999, on file in the Planning Dl RANCHO CARRILLO RECREATION CENTER, SDP 98-20, as provided b 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 22 I/ WHEREAS, the Planning Commission did, on the 7th day of April, 1s 23 WHEREAS, at said public hearing, upon hearing and considering all 24 duly noticed public hearing as prescribed by law to consider said request; and 25 11 and arguments, if any, of all persons desiring to be heard, said Commission considered 26 27 28 relating to the Site Development Plan NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: 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 ? Commission APPROVES RANCHO CARRILLO RECREATIOP TER, SDP 98-20, based on the following findings and subject to the fi conditions: Findings: 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 : 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, surrou traffic circulation, in that the recreation center is located on Lot OS-11 desig the Rancho Carrillo Master Plan for private recreational uses. 2. That the site for the intended use is adequate in size and shape to accommodate t that the recreation center, including outdoor amenities, are located w developable area of the site, 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary the requested use to existing or permitted fbture uses in the neighborhooc provided and maintained, in that the structural setbacks, architectural der landscaping are consistent with the Special Design Park District devr standards of the Master Plan for the planning area (OS-11). 4. That the street system serving the proposed use is adequate to properly handle generated by the proposed use, in that the project, which is projected to gene 99 ADT, will operate during non-peak hours only if utilized as a te information center, thereby avoiding adverse impacts to the Palomar Road/El Camino Real intersection currently identified as operatin! unacceptable level during peak hours. 5. The Planning Com'mission finds that the project, as conditioned herein for SI is in conformance with the City's General Plan Land Use and Open SI Conservation Elements in that the Rancho Carrillo Recreation Center is dc by the Rancho Carrillo Master Plan for private recreational uses consistenl Open Space Element Category 3 private open space for outdoor recreation. 6. The project has been conditioned to ensure the building permits will not be issu project unless the District Engineer determines that sewer service is avail building cannot occur within the project unless sewer service remains availabll District Engineer is satisfied that the requirements of the Public Facilities Elem General Plan have been met insofar as they apply to sewer service for this projec 7. The Developer has agreed and is required by the inclusion of an appropriate co pay a public facilities fee. Performance of that contract and payment of th( PC RES0 NO. 4522 -2- 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 enable this body to find that public facilities will be available concurrent wit required by the General Plan. 8. The project has been conditioned to pay any increase in public facility fet construction tax, or development fees, and has agreed to abide by any requirements established by a Local Facilities Management Plan prepared pl Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avai public facilities and will mitigate any cumulative impacts created by the project. 9. This project has been conditioned to comply with any requirement approved as 1 Local Facilities Management Plan for Zone 18. 10. The Planning Commission has reviewed each of the exactions imposed on the 1 contained in this resolution, and hereby finds, in this case, that the exactions arc to mitigate impacts caused by or reasonably related to the project, and the exte degree of the exaction is in rough proportionality to the impact caused by the prc 11. That this project could have a potentially significant negative cumulati impact on the Palomar Airport Road/El Camino Real intersection. How project has been conditioned to restrict its hours of operation if usc information center or to pay its fair share of the “short-term impro thereby, guaranteeing implementation of a mitigation measure that ret potential impact to a level of insignificance. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all c and modifications to the Site Development Plan document(s) necessary to n internally consistent and in conformity with final action on the project. De7 shall occur substantially as shown in the approved Exhibits. Any proposed de7 different fi-om this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, ordinances in effect at the time of building permit issuance. 3. The Developer/Operator shall and does hereby agree to indemnify, protect, d hold harmless the City of Carlsbad, its Council members, officers, employees, a representatives, from and against any and all liabilities, losses, damages, deman and costs, including court costs and attorney’s fees incurred by the City arisin or indirectly, fi-om (a) City’s approval and issuance of this Site Development (b) City’s approval or issuance of any permit or action, whether discretionar discretionary, in connection with the use contemplated herein. 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 shall reflect the conditions of approval by the City. Development Plan copy shall be submitted to the City Engineer and approvc building, grading, final map, or improvement plan submittal, whichever occurs Developer shall include, as part of the plans submitted for any permit plar PC RES0 NO. 4522 -3- .- 0 0 1. 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 reduced legible version of the approving resolution on a 24” x 36” blueline Said blueline drawing(s) shall also include a copy of any applicable Coastal Del Permit and signed approved site plan. 5. 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 ar as part of the Zone 18 Local Facilities Management Plan and any amendment: that Plan prior to the issuance of building permits. 7. Trash receptacle areas shall be enclosed by a six-foot high masonry wall P pursuant to City standards. Location of said receptacles shall be approve Planning Director. Enclosure shall be of similar colors and/or materials to the the satisfaction of the Planning Director. 8. The Developer shall prepare a detailed landscape and irrigation plan in conform the approved Preliminary Landscape Plan and the City’s Landscape Manual. ‘ shall be submitted to and approval obtained from the Planning Director pri approval of the final map, grading permit, or building permit, whichever occurs Developer shall construct and install all landscaping as shown on the approved I maintain all landscaping in a healthy and thriving condition, free from weeds, debris. 9. The Developer shall include, as part of the plans submitted for any permit plan reduced legible version of the approving resolutions on a 24” x 36” blueline Said blueline drawing(s) shall also include a copy of any applicable Coastal Dev Permit and signed approved site plan. 10. The Developer shall pay the public facilities fee adopted by the City Council or 1987, (amended July 2, 1991) and as amended fiom time to time, and any dev fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad 1 Code or other ordinance adopted to implement a growth management system or and Improvement Plan and to fulfill the developer’s agreement to pay the public fee, a copy of which is on file with the City Clerk and is incorporated by this I If the fees are not paid, this application will not be consistent with the General approval for this project will be void. 1 1. An exterior lighting plan including parking areas shall be submitted for Planning approval. All lighting shall be designed to reflect downward and avoid any in adjacent homes or property. 12. 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 Chiel Planning Director. 13. The first submittal of detailed landscape and irrigation plans shall be accompanil project’s building, improvement, and grading plans. ~ PC RES0 NO. 4522 -4- .. 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 14. 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 identificati addresses shall contrast to their background color. 15. The entire recreation center facility site shall be dedicated to the Master H its completion of the recreation amenities. Prior to occupancy of the rl center building, all outdoor amenities shall be completed and available fc the residents of the Rancho Carrillo Master Plan community. The recreatic building may be used by the Rancho Carrillo master developer as an infi center for a period not to exceed 18 months from the date of occupancy; the master developer shall be responsible for maintenance and liabilil recreation center building until occupancy is turned over to the Master Hi information center hours of operation shall be limited to 1O:OO a.m. to 3:0( weekdays unless the Developer pays their fair share for the “SI improvements” to the El Camino ReaUPalomar Airport Road intersection the issuance of a building permit. The amount shall be determined methodology ultimately selected by Council, including but not limitec increase in the City-wide traffic impact fee; an increased or new Zone 18 L1 the creation of a fee or assessment district; or incorporation into a Mc taxing district. 16. The picnic areas shall be constructed with a concrete foundation and concrete picnic tables and benches approved by the Planning Director. EncineerinE: NOTE: Unless specifically stated in the condition, all of the following engineering cc upon the approval of this proposed Site Development Plan, must be met issuance of a building permit. 17. Prior to hauling dirt or construction materials to or from any proposed construl within this project, the developer shall submit to and receive approval from Engineer for the proposed haul route. The developer shall comply with all condil requirements the City Engineer may impose with regards to the hauling operation Dedications/Improvements 18. The design of the recreation center driveway structural pavement section submitted together with required R-value soil test information and approve City as part of the building site plan review. Special Engineering Conditions 19. Developer shall apply for and receive approval of an adjustment plat reloca existing lot line as shown on the site development plan. 20. The developer shall execute a covenant for a reciprocal access easeme] maintenance provisions, for the shared driveway as shown on the Site Deve PC RES0 NO. 4522 -5- .. e 0 .I 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 Plan (Exhibit “A”). The covenant is for access to the rear lot after the rec line adjustment. 21. The owner shall grant a covenant of easement for drainage as shown 01 development plan. 22. To meet National Pollutant Discharge Elimination System (NPDES) requ the proposed drainage swales on the (adjusted) northerly lot, as shown 01 development plan, shall be vegetated and have a minimum width of 6 ft. 1 be shown on the final project landscape plans. Additionally, a note shall 1 on the project’s final landscape plans stating. that the future developme (adjusted) northerly lot shall incorporate the recreation center NPDES desi: Water: 23. Building permits will not be issued for this project unless the local agency water and sewer services to the project provides written certification to the adequate water service and sewer facilities, respectively, are available to the proJ time of the application for the building permit, and that water and sewer cap facilities will continue to be available until the time of occupancy. 24. The Developer shall be responsible for all fees, deposits and charges whicl collected before and/or at the time of issuance of the building permit. The S County Water Authority capacity charge will be collected at issuance of applic any meter installation. 25. The Developer shall provide detailed information to the District Engineer regard demand, irrigation demand, fire flow demand in gallons per minute, and projec flow in million gallons per day. 26. All District pipelines, pump stations, pressure reducing stations and appw required for this project by the District shall be within public right-of-way ( easements granted to the District or the City of Carlsbad. 27. Sequentially, the Developer’s Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requiren B. Prepare and submit a colored recycled water use area map and submit th: the Planning Department for processing and approval by the District Engi C. Prior to the preparation of sewer, water and recycled water improveme the Developer shall submit preliminary system layouts to the District Eng review, comment and approval. 28. The following note shall be placed on the final map. “This project is approved expressed condition that building permits will not be issued for developmer PC RES0 NO. 4522 -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 0 e subject property unless the District serving the development has adequate 6 sewer capacity available at the time development is to occur, and that such 7 sewer capacity will continue to be available until time of occupancy.” 29. All potable water and recycled water meters shall be placed within public right o General: 30. If any of the foregoing conditions fail to occur; or if they are, by their ten implemented and maintained over time, if any of such conditions fail 1 implemented and maintained according to their terms, the City shall have tht revoke or modify all approvals herein granted; deny or further condition issua future building permits; deny, revoke or fwther condition all certificates of o issued under the authority of approvals herein granted; institute and prosecute lit compel their compliance with said conditions or seek damages for their viol; vested rights are gained by Developer or a successor in interest by the City’s ap this Site Development Plan. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not 1 the following code requirements 3 1. The Developer shall pay a landscape plan check and inspection fee as required b 20.08.050 of the Carlsbad Municipal Code. 32. Approval of this request shall not excuse compliance with all applicable sectio Zoning Ordinance and all other applicable City ordinances in effect at time of permit issuance, except as otherwise specifically provided herein. 33. The project shall comply with the latest non-residential disabled access requ pursuant to Title 24 of the State Building Code. 34. All roof appurtenances, including air conditioners, shall be architecturally integ concealed fi-om view and the sound buffered from adjacent properties and s’ substance as provided in Building Department Policy No. 80-6, to the satisfactic Directors of Community Development and Planning. 35. Compact parking spaces shall be located in large groups, and in locations clear11 to the satisfaction of the Planning Director. 36. All landscape and irrigation plans shall be prepared to conform with the Lz Manual and submitted per the landscape plan check procedures on file in the : Department. 37. Any signs proposed for this development shall at a minimum be designed in conf with the City’s Sign Ordinance and shall require review and approval of the : Director prior to installation of such signs. ~ PC RES0 NO. 4522 -7- b. e e r. 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 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 from date of final approval to protest imposition of these feeslexar 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 whch you have previously bc a NOTICE similar to this, or as to which the statute of limitations has previously ( expired. ... ... ... ... .. . ... ... ... ... ... ... ... ~ 1 PC RES0 NO. 4522 -8- e e .. 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 i PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 7th day of April, 199 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Savary, Segall NOES: ABSENT: Commissioner L’Heureux, Nielsen, and Welshons ABSTAIN: G COMMISSION ATTEST: Planning Director PC RES0 NO. 4522 -9-