HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4567t 0 e
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PLANNING COMMISSION RESOLUTION NO. 4567
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN FOR 494
APARTMENTS ON PROPERTY GENERALLY LOCATED
SOUTH OF CANNON ROAD AND EAST OF FARADAY
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH APARTMENT PROJECT
CASE NO.: SDP 98-04
WHEREAS, Security Capital Pacific Trust, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Kelly Land CI
“Owner”, described as
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”-“F” dated May 19, 1999, on file in the Planning Del
KELLY RANCH APARTMENT PROJECT - SDP 98-04 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, 1991
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 E
Commission RECOMMENDS APPROVAL of KELLY I;
APARTMENT PROJECT - SDP 98-04, based on the following findi
subject to the following conditions:
Findinm:
1. That the requested use is properly related to the site, surroundings and envirl.
settings, is consistent with the various elements and objectives of the General F
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 project conforms to the building height and
requirements of the underlying zone and the project has been designed wit1
architectural features which will create a visually attractive development.
2. That the site for the intended use is adequate in size and shape to accommodate tl
that the project has been proposed entirely within the development require]
the underlying zone and no variance has been requested or required.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the project includes approved exhibits whicl
the basis for issuing building permits. All development is required to be ca
with the approved exhibits.
4. That the street systems serving the proposed use is adequate to properly handle 2
generated by the proposed use, in that a local street system will be con;
concurrent with the development of the apartment buildings which will adc
accommodate the anticipated Average Daily Traffic.
5. 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
6. The project will provide sufficient additional public facilities for the de
excess of the control point to ensure that the adequacy of the City’s public ;
plans will not be adversely impacted.
7. There have been sufficient developments approved in the quadrant at c
below the control point to cover the units in the project above the control 1
that approval will not result in exceeding the quadrant limit.
8. All necessary public facilities required by Chapter 21.90 of the Carlsbad MI
Code will be constructed or are guaranteed to be constructed concurrently 7
need for them created by this development and in compliance with the adopl
standards.
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Site Development Plan document(s) necessary to ma
internally consistent and in conformity with final action on the project. Dew
shall occur substantially as shown in the approved Exhibits. Any proposed dew
different fi-om this approval, shall require an amendment to this approval.
2. 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.
3. 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 Devc
Permit and signed approved site plan.
4. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available at the time of ap
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
1987, (amended July 2, 1991) and as amended from time to time, and any devc
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 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 approval of a final map or the issuance/approval of a building permit, w:
occurs first, the Developer shall submit evidence to the Planning Director that ir
school facilities have been mitigated in conformance with the City’s
Management Plan to the extent permitted by applicable state law. If the n
involves a financing scheme such as a Mello-Roos Community Facilities Distn
is inconsistent with the City’s Growth Management Plan, including City Counc
Statement No. 38, the Developer shall disclose to future owners in the projec
maximum extent possible, the existence of the tax and that the school district is t
agency responsible for the financing district.
7. 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 rt
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 wi
condition complies with all requirements of law.
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8. Approval of SDP 98-04 is subject to the approval of LCPA 97-09 by the C:
Coastal Commission.
9. Trash receptacle areas shall be enclosed by a six-foot high masonry wall w
pursuant to City standards. Location of said receptacles shall be approve(
Planning Director. Enclosure shall be of similar colors and/or materials to the 1
the satisfaction of the Planning Director.
10. All visitor parking spaces shall be striped a different color than the assigned
parking spaces and shall be clearly marked as may be approved by the Planning I
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 irr
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 Chiei
Planning Director.
13. The Developer shall prepare a detailed landscape and irrigation plan in conform2
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 1
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs f
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.
14. The Developer shall submit and obtain Planning Director approval of a unifi
program for this development prior to occupancy of any building.
15. Building identification and/or addresses shall be placed on all new and existing 1
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color.
16. Prior to occupancy of any units, the Developer shall construct a directory si1
entrance to the project. The design of this sign shall be approved by the
Director.
17. The Developer shall provide bus stops to service this development at locations
reasonable facilities to the satisfaction of the North County Transit District
Planning Director. Said facilities, if required, shall at a minimum include a be
from 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.
18. 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.
19. The distribution of affordable units shall be as described in the Affordable
Agreement Imposing Restructions on Real Property by and between the
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Carlsbad, Kelly Land Company and PTR Developmetn Services Inc. ada
City Council on July 28, 1998 by Resolution No. 98-257 and as shown
“Affordable Unit Distribution Table” attached hereto and made a part here(
20. Lot 161 is not a commercial facility and is for the exclusive use of the residen
Kelly Ranch which is comprised of Planning Areas A, E, D, G, H, I
Developer shall cause the owner to execute and record a deed restriction 01
designating it in perpetuity as a common recreational storage facility. Addi
the facility shall be maintained by the applicant (Archstone Communities)
successors.
Enpineering
21. The developer shall provide an acceptable means for maintaining the private e:
within the Site Development Plan area SDP 98-04 as well as the private
sidewalks, street lights, storm drain facilities, and sewer facilities located
Adequate provision for such maintenance shall be included in a record documen
to the approval of the City Engineer.
22. Prior to the issuance of a building permit, the developer shall comply with tl
Anti-Graffiti program for wall treatments if and when such a program is
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 condil
requirements the City Engineer may impose with regards to the hauling operation
24. The developer shall provide for sight distance corridors in accordance 1
Engineering Standards and the conditions of approval for CT 97-16. Mature v(
within the site line area of all intersections shall be no greater than 30” in height (
canopy no less than 8’ in height. No structure, fence, wall, sign, or other object
in height above the street level shall be placed or permitted to encroach within
identified as a sight distance corridor in accordance with City Standards. The UT
property owner shall maintain this condition.
25. This project is within the proposed boundary of the Cannon Road West br
Thoroughfare Fee District. The project is required to pay a fare share con
towards the construction of Cannon Road in accordance with the proposed fee prc
26. The developer shall pay all current fees and deposits required.
27. 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 and
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 by
as part of the building site plan check review.
28. All improvements except water and sewer lines in public easements are private a
be privately maintained.
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Water District
29. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. The SI
County Water Authority capacity charge will be collected at the issuance of ap
for any meter installation.
30. The Developer shall provide detailed information to the District Engineer regardi
demand, irrigation demand, fire flow demand in gallons per minute, and project’
flow in million gallons per day.
31. The entire potable water system, reclaimed water system and sewer system
evaluated in detail by Developer and District Engineer to insure that adequate
pressure and flow demands can be met.
32. All District pipelines, pump stations, pressure reducing stations and appul
required for this project by the District shall be within public right-of-way (
easements granted to the District or the City of Carlsbad.
33. Sequentially the developer’s engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirem
B. Prepare and submit a colored recycled water use area map and submit thi
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.
34. The following note shall be placed on the final map:
A. “This project is approved upon the expressed condition that building pen
not be issued for development of the subject property unless the District
the development has adequate water and sewer capacity available at 1
development is to occur, and that such water and sewer capacity will cox
be available until time of occupancy.
35. All potable water and recycled water meters shall be placed within public right-of
36. No more than 19 homes shall be served on a single potable water distribution 1
For those locations with more than 19 homes, a looped potable water pipelint
shall be designed.
37. A public fire flow system shall be required for this industrial or commercial devel
and it shall be constructed as a looped pipeline system.
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General:
38. 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 tl
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 liti
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 apl
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 conver
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exac
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 Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
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 I
zoning, grading or other similar application processing or service fees in connection y
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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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of July 1999
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
- COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZMIIYER 1
Planning Director
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