HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4562c
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PLANNING COMMISSION RESOLUTION NO. 4562
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A 71 RESIDENTIAL LOT PLANNED UNIT
GENERALLY LOCATED SOUTH OF CANNON ROAD AND
EAST OF FUTURE FARADAY AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH AREA “I”
CASE NO.: PUD 98-04
WHEREAS, Shea Homes Limited Partnership, “Developer”, has
verified application with the City of Carlsbad regarding property owned by Kel
Company, “Owner”, described as
DEVELOPMENT PERMIT PUD 98-04 ON PROPERTY
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 Plan
Development Permit for the Planning Area “I” segment of the project as shown on E
“D-Q” - “DD-LL” dated June 2, 1999, on file in the Planning Department, KELLY 1
AREA “I” - PUD 98-04, as provided by Chapter 21.4Y21.47 of the Carlsbad Municip
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 persons desiring to be heard, said Commission considered a1
relating to the Planned Unit Development Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Co
based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of KELLY RANCH AREA “I” - PU
FindinPs:
1. There was an Environmental Impact Report EIR 98-05 certified in connectior
prior subdivision of the property in CT 97-16.
2. The project has no new significant environmental effect not analyzed as signific
prior EIR 98-05,
3. The Planning Commission finds that the project, as conditioned herein for (PU
is in conformance with Elements of the City’s General Plan, based on the follow
A. Land Use - The project proposes single family residential homes consi:
the intent of the RLM designation.
B. The project is consistent with the City’s General Plan since the propost
of 3.0 ddacre is within the density range of 0-4 ddacre specified for t
indicated on the Land Use Element of the General Plan, and is at or 1
growth control point of 3.2.
C. Circulation - The project includes a portion of Cannon Road wl
Circulation Element Roadway.
D. Noise - Noise studies indicate that no portion of the site will be imy
adjacent noise sources.
E. Housing - The project will satisfy its fair share of inclusionary
through implementation of the Affordable Housing Agreement bel
City of Carlsbad and Kelly Land Company. The project ma’
housing will provide a need for single family residences.
That the project is consistent with the Housing Element of the General
the Inclusionary Housing Ordinance as the Developer has been cond
enter into an Affordable Housing Agreement to provide and deed re
dwelling units as affordable to lower-income households.
F. Open Space and Conservation - The project provides extensive pas:
space through conservation easements.
G. Public Safety - All public safety services can and will be provided to the
PC RES0 NO. 4562 -2-
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H. Parks and Recreation - The project will contribute to public pa
recreation through the payment of Park-in-Lieu fees.
4. That the granting of this permit will not adversely affect and will be consis
Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master F
all adopted plans of the City and other governmental agencies, in that the 1
project was designed to include common and private open space, rec
vehicle storage, resident and guest parking in conformance with the require
Chapter 21.45 of Title 21.
5. That such use will not be detrimental to the health, safety, or general welfare o
residing or working in the vicinity, or injurious to property or improvemen
vicinity, in that the development of single family homes was intended by the
designation of the General Plan.
6. That the proposed Planned Development meets all of the minimum dev
standards set forth in Chapter 21.45.090, the design criteria set forth in Section 2
and has been designed in accordance with the concepts contained in thc
Guidelines Manual, in that subdivision follows the topography of the site and
does not dominate the overall design.
7. That the proposed project is designed to be sensitive to and blend in with thm
topography of the site, and maintains and enhances significant natural resource
site, in that conservation easements have been dedicated for the preserv
natural resources.
8. That the proposed project’s design and density of the developed portion of tl
compatible with surrounding development and does not create a disharmo
disruptive element to the neighborhood, in that the site was recently subdiv
single family home development.
9. That the project’s circulation system is designed to be efficient and well integre
the project and does not dominate the project, in that the roadways have been (
to take advantage of existing topography and have been minimized consist1
I hillside development standards to reduce hillside impacts.
10. The Planning Commission has reviewed each of the exactions imposed on the D
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 exten
degree of the exaction is in rough proportionality to the impact caused by the proj ~
11. Planning Commission finds that:
A. the project is consistent with CEQA guidelines section 151 68(c)(2) Progrz
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 1
Map ;
I pc RESO No. 4562 -3-
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D. the project has no new significant environmental effect not analyzed as s
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;
12. That this project could have a potentially significant negative cumulative trafi
on the Palomar Airport Road El Camino Real intersection. However, this PI
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 the Developer to make, all c(
and modifications to the Planned Unit Development documents, as necessq
them internally consistent and in conformity with the final action on thc
Development shall occur substantially as shown on the approved Exhibits. Any
development different from this approval, shall require an amendment to this app
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 shall provide the City with a reproducible 24” x 36”, mylar co]
Site Plan as approved by the final decision making body. The Site Plan shall r(
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improver
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 dew
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad h,
Code or other ordinance adopted to implement a growth management system or ?
and Improvement Plan and to fulfill the developer’s/subdivider’s agreement to
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 pro0
Director from the School District that this project has satisfied its obligation to
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:
PC RES0 NO. 4562 -4-
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A. Construction of Cannon Road
B. Availability of the South Agua Hedionda Sewer Interceptor
8. If any condition for construction of any public improvements or facilities, or tht
of any fees in-lieu thereof, imposed by this approval or imposed by law on this I
housing project are challenged this approval shall be suspended as prc
Government Code Section 66020. If any such condition is determined to be ir
approval shall be invalid unless the City Council determines that the project w
condition complies with all requirements of law.
9. Approval of PUD 98-43 is granted subject to the approval of SDP 98-18 and
70.
10. The Developer shall establish a homeowner’s association and corresponding c
conditions and restrictions. Said CC&Rs shall be submitted to and approvc
Planning Director prior to final map approval. Prior to issuance of a building F
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 by 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 r
maintenance. If the City elects to perform such maintenance, the City s
written notice to the Association, with a copy thereof to the Owners in thc
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 Associatic
carry out such maintenance of the Common Area Lots and/or Ass(
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 by the City. In the event the City has perfo
necessary maintenance to either Common Area Lots and/or Asso
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 ir
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 Sectit
invoice shall be due and payable by the Association within twenty (20)
receipt by the Association. If the Association shall fail to pay such invoil 1 PC RES0 NO. 4562 -5-
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within the period specified, payment shall be deemed delinquent an(
subject to a late charge in an amount equal to six percent (6%) of the i
the invoice. Thereafter the City may pursue collection from the Assom
means of any remedies available at law or in equity. Without lir
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 o
in the Project for an equal pro rata share of the invoice, plus the late cha
special assessment shall constitute a charge on the land and shall be a (
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 su(
assessment, to impose a lien upon their respective Lot and to bring
actions andor to pursue lien foreclosure procedures against any 0
hisher respective Lot for purposes of collecting such special assez
accordance with the procedures set forth in Article of this Deck
11. This approval shall be null and void if the project site subject to this appro.
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 compk
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 conform
the approved Preliminary Landscape Plan and the City’s Landscape Manual. ’
shall be submitted to and approval obtained fiom the Planning Director pri
approval of the final map, grading permit, or building permit, whichever occurs 1
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free from weeds, t
debris.
13. The Developer shall display a current Zoning and Land Use Map in the sales of
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 1
limited to trails, future and existing schools, parks and streets.
15. The Developer shall diligently implement, or cause the implementation of, all a
mitigation measures identified in the Supplemental Final EIR 98-05 that are foul
resolution to be feasible.
16. The Developer shall implement, or cause the implementation of, the Kelly Ranc
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
Council on July 28,1998 by Resolution No. 98-257.
PC RES0 NO. 4562 -6-
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19. One third of the residential units in Planning Area “I” shall be Plan 1 as
the approved exhibits, which has a greater than 50% single story edge as d
Council Policy 44, also known as the Small Lot Architectural Guidelines.
20. 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 pro
time of the application for the building permit, and that water and sewer cay
facilities will continue to be available until the time of occupancy.
21. The Developer shall pay their fair share for the “short-term improvements”
Camino Real/ Palomar Airport Road intersection prior to approval of the final r
issuance of a grading permit, whichever occurs first. The amount shall be dete
the methodology ultimately selected by Council, including but not limited to, a
in the city-wide traffic impact fee; an increased or new Zone 8 LFMP fee; the c
a fee or assessment district; or incorporation into a Mello-Roos taxing district.
22. Approval of PUD 98-04 is subject to the approval of LCPA 97-09 by the C
Coastal Commission.
Engineering:
23. The developer shall provide an acceptable means for maintaining the private t
within the Planned Unit Development. Private streets, sidewalks, streetlights, st.
facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties M
Planned Unit Development. Adequate provision for such maintenance shall be
in a recorded document subject to the approval of the City Engineer.
24. Prior to issuance of any building permit, the developer shall comply
requirements of the City’s anti-graffiti program for wall treatments if and wht
program is formerly established by the City.
25. Prior to hauling dirt or construction materials to or fi-om any proposed constnu
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
26. The developer shall pay all current fees and deposits required.
27. Prior to the issuance of a grading permit, the developer shall submit proof that a ?
Intention has been submitted to the State Water Resources Control Board.
28. The developer shall comply with the City’s requirements of the National 1
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 c
to sensitive areas. Plans for such improvements shall be prepared by the develc
approved by the City Engineer. Said plans shall include but not be limited to 1
PC RES0 NO. 4562 -7-
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1 I/ prospective owners and tenants of the following:
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A. All owners and tenants shall coordinate efforts to establish or w
established disposal programs to remove and properly dispose of t
B.
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, m
antifreeze, solvents, paints, paint thinners, wood preservatives, and o
fluids shall not be discharged into any street, public or private, or into st(
or storm water conveyance systems. Use and disposal of pesticides, fi
herbicides, insecticides, fertilizers and other such chemical treatments s
Federal, State, County and City requirements as prescribed in their r
containers.
C. Best Management Practices shall be used to eliminate or reduce surface 1
when planning any changes to the landscaping and surface improvements
General
29. 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 thc
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 aF
this Planned Unit Development. I
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 fi-om the date of final approval to protest imposition of these fees/(
If 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 fees/exactions of which you have previously b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired. 11 PC RES0 NO. 4562 -8-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of July 1991
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L'Heurt
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. MZM~LLER
Planning Director
PC RES0 NO. 4562 -9-