HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4560t a 0
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PLANNING COMMISSION RESOLUTION NO. 4560
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF
CANNON ROAD AND EAST OF FUTURE FARADAY ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH AREA “I” & “J”
CASE NO.: SDP 98- 18
WHEREAS, Shea Homes Limited Partnership, “Developer”, has
verified application with the City of Carlsbad regarding property owned by Kel
Company, “Owner”, described as
DEVELOPMENT PLAN SDP 98-18 FOR 154 RESIDENTIAL,
A portion of Lot “I” of Rancho Agua Hedionda and a portion
of Lot “F” of Rancho Agua Hedionda, all in the City of
Carlsbad, County of San Diego, State of California according
to map thereof No. 823, filed in the office of the County
Recorder of San Diego on November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Devc
Plan as shown on Exhibit(s) “A” - “WW” dated June 2, 1999, on file in the
Department, KELLY RANCH AREA “I” & “J” - SDP 98-18 as provided by
21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of June, 199
the 7th day of July, 1999, hold a duly noticed public hearing as prescribed by law to
said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 1
Commission APPROVES KELLY RANCH AREA “I” & “J” - SD
based on the following findings and subject to the following 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 proposed homes comply with the setback regul
the zone and are compatible with other homes existing in the area.
10 2. That the site for the intended use is adequate in size and shape to accommodate tl
that the number of homes proposed is consistent with the density allowec
11 General Plan and Growth Management Ordinance.
12 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood 13 provided and maintained, in that the proposed homes are within the limita
14 height and distance from property lines as required by the R-1 zone and
Development Ordinance and are shown on the project exhibits.
15 4. That the street systems serving the proposed use is adequate to properly handle
16 generated by the proposed use, in that the streets have been designed accordin
of Carlsbad standards and will have the capacity for the anticipated 1,550 17 Daily Traffic.
l8 5. The Planning Commission has reviewed each of the exactions imposed on the 1
19 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 exter
20 degree of the exaction is in rough proportionality to the impact caused by the pro-
21 6. Planning Commission finds that:
22 II A. the project is consistent with CEQA guidelines section 15 168(c)(2) Progr
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B. the project is consistent with the action in the regulations cited above;
C. there was a Program EIR certified in connection with the associated ‘
Map;
D. the project has no new significant environmental effect not analyzed as si
in the prior Program EIR;
E. none of the circumstances requiring Subsequent or a Supplemental E
CEQA Guidelines Sections 15 162 or 15 163 exist;
1) PC RES0 NO. 4560 -2-
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7. That this project could have a potentially significant negative cumulative traff;
on the Palomar Airport Road/ El Camino Real intersection. However, this pr
been conditioned to pay its fair share of the “short-term improvements,’’
guaranteeing implementation of a mitigation measure that reduces the potential :
a level of insignificance.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Site Development Plan document(s) necessary to mi
internally consistent and in conformity with final action on the project. Dev
shall occur substantially as shown in the approved Exhibits. Any proposed dev
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, L
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar COI
Site Plan as approved by the final decision making body. The Site Plan shall rt
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvem
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolution(s) on a 24” x 36” blueline dr
5. The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any devl
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad R
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the developer’s/subdivider’s agreement tc
public facilities fee dated August 29, 1997, a copy of which is on file with the C
and is incorporated by this reference. If the fees are not paid, this application w
consistent with the General Plan and approval for this project will be void.
6. Prior to the issuance of a building permit, the Developer shall provide proc
Director from the School District that this project has satisfied its obligation tc
school facilities
7. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 8 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits, including, but not limite
following:
A. Construction of Cannon Road
B. Availability of the South Agua Hedionda Sewer Interceptor
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8. 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 ri
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.
9. Approval of SDP 98-18 is granted subject to the approval of PUD 98-43 and
70.
10. The Developer shall establish a homeowner’s association and corresponding cc
conditions and restrictions. Said CC&Rs shall be submitted to and approve
Planning Director prior to final map approval. Prior to issuance of a building p
Developer shall provide the Planning Department with a recorded copy of th,
CC&Rs that have been approved by the Department of Real Estate and the
Director. At a minimum, the CC&Rs shall contain the following provisions:
A. General Enforcement bv the City. The City shall have the right, bu
obligation, to enforce those Protective Covenants set forth in this Deck
favor of, or in which the City has an interest.
B. Failure of Association to Maintain Common Area Lots and Easements
event that the Association fails to maintain the “Common Area Lots a
Association’s Easements” as provided in Article , Section -
the City shall have the right, but not the duty, to perform the F
maintenance. If the City elects to perfom such maintenance, the City s
written notice to the Association, with a copy thereof to the Owners in thr
setting forth with particularity the maintenance which the City finds to be
and requesting the same be carried out by the Association within a period
(30) days from the giving of such notice. In the event that the Associatio
carry out such maintenance of the Common Area Lots and/or Asso
Easements within the period specified by the City’s notice, the City
entitled to cause such work to be completed and shall be en
reimbursement with respect thereto from the Owners as provided herein.
C. Special Assessments Levied bv the City. In the event the City has perfo
necessary maintenance to either Common Area Lots and/or Assc
Easements, the City shall submit a written invoice to the Association for
incurred by the City to perform such maintenance of the Common Area :
or Association’s Easements. The City shall provide a copy of such in
each Owner in the Project, together with a statement that if the Associatio
pay such invoice in full within the time specified, the City will pursue c
against the Owners in the Project pursuant to the provisions of this Sectic
invoice shall be due and payable by the Association within twenty (20)
receipt by the Association. If the Association shall fail to pay such invoic
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the ar
the invoice. Thereafter the City may pursue collection from the Associ
means of any remedies available at law or in equity. Without lim:
I pc RESO No* 4560
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generality of the foregoing, in addition to all other rights and remedies
to the City, the City may levy a special assessment against the Owners of
in the Project for an equal pro rata share of the invoice, plus the late char
special assessment shall constitute a charge on the land and shall be a CI
lien upon each Lot against which the special assessment is levied. Each
the Project hereby vests the City with the right and power to levy suc
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any Ov
hisher respective Lot for purposes of collecting such special asses:
accordance with the procedures set forth in Article of this Decla
11. This approval shall be null and void if the project site subject to this approv
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The (
not issue any grading, building, or other permit, until the annexation is comple
City Manager is authorized to extend the 60 days, for a period not to exceed
upon a showing of good cause.
12. The Developer shall prepare a detailed landscape and irrigation plan in conforms
the approved Preliminary Landscape Plan and the City's Landscape Manual. T
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs fi
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thnving condition, fi-ee from weeds, tl
debris.
13. The Developer shall display a current Zoning and Land Use Map in the sales off
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 b
limited to trails, fhre and existing schools, parks and streets.
15. The Developer shall diligently implement, or cause the implementation of, all aF
mitigation measures identified in the Supplemental Final EIR 98-05 that are founc
resolution to be feasible.
16. The Developer shall implement, or cause the implementation of, the Kelly Rand
Mitigation Monitoring and Reporting Program.
17. The Developer, or their successors in interest, shall improve the project site '
project as described in the Final EIR 98-05, except as modified by this resolution.
18. The project is subject to the Affordable Housing Agreement adopted 1
Council on July 28,1998 by Resolution No. 98-257.
19. Building permits will not be issued for this project unless the local agency PI
water and sewer services to the project provides written certification to the (
adequate water service and sewer facilities, respectively, are available to the proje
time of the application for the building permit, and that water and sewer capal
facilities will continue to be available until the time of occupancy.
PC RES0 NO. 4560 -5-
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20. The Developer shall pay their fair share for the “short-term improvements”
Camino Real/ Palomar Airport Road intersection prior to approval of the final n
issuance of a grading permit, whichever occurs first. The amount shall be deter
the methodology ultimately selected by Council, including but not limited to, al,
in the city-wide traffic impact fee; an increased or new Zone 8 LFMP fee; the CI
a fee or assessment district; or incorporation into a Mello-Roos taxing district.
21. Approval of SDP 98-18 is subject to the approval of LCPA 97-09 by the C
Coastal Commission.
Enpineering:
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 whe
program is formerly established by the City.
23. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatior
24. The developer shall pay all current fees and deposits required.
25. Prior to the issuance of a grading permit, the developer shall submit proof that a 1
Intention has been submitted to the State Water Resources Control Board.
26. The developer shall comply with the City’s requirements of the National I
Discharge Elimination System (NPDES) permit. The developer shall prov
management practices as referenced in the “California Storm Water Best Man
Practices Handbook” to reduce surface pollutants to an acceptable level prior to a
to sensitive areas. Plans for such improvements shall be prepared by the devela
approved by the City Engineer. Said plans shall include but not be limited to I
prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or wo
established disposal programs to remove and properly dispose of to
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, mc
fluids shall not be discharged into any street, public or private, or into st01
or storm water conveyance systems. Use and disposal of pesticides, fiu,
herbicides, insecticides, fertilizers and other such chemical treatments sh;
Federal, State, County and City requirements as prescribed in their re,
containers.
I I antifreeze, solvents, paints, paint thinners, wood preservatives, and otl
C. Best Management Practices shall be used to eliminate or reduce surface pc
when planning any changes to the landscaping and surface improvements 1 PC RES0 NO. 4560 -6-
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General
27. 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
implemented and maintained according to their terms, the City shall have th
revoke or modify all approvals herein granted; deny or further condition issua~
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 viol,
vested rights are gained by Developer or a successor in interest by the City’s ap
this Site Development Plan.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convel
“fees/exactions.”
You have 90 days fi-om date of final approval to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Codc
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 1
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 1
zoning, grading or other similar application processing or service fees in connection 7
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
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, PC RES0 NO. 4560 -7-
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a e
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of July 199!
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4560 -8-