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HomeMy WebLinkAbout2001-05-02; Planning Commission; Resolution 49661 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 PLANNING COMMISSION RESOLUTION NO. 4966 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT OF SITE DEVELOPMENT PLAN SDP 98-04 FOR 451 APARTMENTS GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES ZONE 8. CASE NAME: KELLY RANCH CASE NO.: SDP 98-04(A) WHEREAS, Archstone Communities, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, “Owner,” described as A portion of Lot “1” of Ran&o Agua Hedionda and a portion of Lot “F” of Ran&o 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 County, November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,200O; and WHEREAS, this Site Development Plan Amendment is necessary for the Kelly Ranch project to be consistent with the Local Coastal Program as amended by LCPA 97-09(A); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment as shown on Exhibit(s) “N” - “AA” and “Al”-“AlS” dated May 2,2001, on file in the Planning Department, KELLY RANCH- SDP 98-04(A) as provided by Chapter 2 l.O6/Section 2 1.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of May, 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Amendment; and WHEREAS, on the 7th day of July, 1999 the Planning Commission recommended approval of SDP 98-04 as described and conditioned in Planning Commission Resolution No. 4567; and WHEREAS, on the 17th day of August, 1999, the City Council approved SDP 98-04 as described in City Council Resolution No. 99-296; and WHEREAS, this resolutions findings and conditions shall supercede the findings and conditions of Planning Commission Resolution No. 4567; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct, B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of KELLY RANCH- SDP 9% 04(A), 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 environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project conforms to the building height and setback requirements of the underlying zone and the project has been designed with several 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 the use, in that the project has been proposed entirely within the development requirements of the underlying zone and no variance has been requested or required. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project includes approved exhibits which will be the basis for issuing building permits. All development is required to be consistent with the approved exhibits. PC RESO NO. 4966 -2- 1 : ‘ c 2 c l( 11 1: 1: 11 If l( 1; 15 1s 2( 21 2; 2: 24 2: 26 2; 25 4. 5. 6. 7. 8. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that a local street system will be constructed concurrent with the development of the apartment buildings which will adequately accommodate the anticipated Average Daily Traffic. All necessary public facilities required by Chapter 21.90 of the Carlsbad Municipal Code will be constructed or are guaranteed to be constructed concurrently with the need for them created by this development and in compliance with the adopted City standards The project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City’s public facilities plans will not be adversely impacted. There have been sufficient developments approved in the quadrant at densities below the control point to cover the units in the project above the control point so that approval will not result in exceeding the quadrant limit. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan Amendment. 2. Staff is authorized and directed to make, or require the Developer or their successors to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. Adoption of Planning Commission Resolution No. 4966 [SDP 98-04(A)] voids and supersedes Planning Commission Resolution No. 4567 (SDP 98-04) and shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. PC RESO NO. 4966 -3- t I c l( 1: 1: 11 11 1: 1t 1: lf IS 2( 21 2: 2: 2L 2: 2f 2; 2$ 4. 5. 6. I. 8. 9. 10. The Developer or their successors shall provide the City with a reproducible 24” x 36”, mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer or their successors shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. The Developer or their successors shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the developer’s/subdivider’s agreement to pay the public facilities fee dated August 29, 1997, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. Prior to approval of a building permit, the Developer or their successors shall submit evidence to the Planning Director that impacts to school facilities have been mitigated in conformance with the City’s Growth Management Plan to the extent permitted by applicable state law. If the mitigation involves a financing scheme such as a Mello-Roos Community Facilities District which is inconsistent with the City’s Growth Management Plan, including City Council Policy Statement No. 38, the Developer or their successors shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. If any condition for construction of any public improvements or facilities, or the payment of any fees-in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. PC RESO NO. 4966 -4- ‘ ( I c l( 1: 1: 1: 11 1: It 1: 18 I! 2( 21 2: 2: 2f 2! 2c 2; 28 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director. Prior to the issuance of a grading permit, an exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of materials shall occur unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. Prior to the issuance of a grading permit, the Developer or their successors shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan, the City’s Landscape Manual, and the Mello II segment of the Carlsbad Local Coastal Program. The Developer or their successors shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. The Developer or their successors shall submit and obtain Planning Director approval of a uniform sign program for this development prior to occupancy of any building. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. Prior to occupancy of any units, the Developer or their successors shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. Concurrent with street improvements, the Developer or their successors shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising, and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with the basic architectural theme of the project. Common recreation areas shall be provided as determined by the Planning Director with the development of each of the apartment buildings. The provision and distribution of affordable units shall be as described in the Affordable Housing Agreement Imposing Restrictions on Real Property by and between the City of Carlsbad, Kelly Land Company and PTR Developments Services, Inc. adopted by City Council on July 28, 1998 by Resolution No. 98-257 and Addendum No. 1 to that agreement entered into February 13,200l. PC RESO NO. 4966 -5. 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 22. 23. 24. 25. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a fire suppression plan consistent with the Mello II segment of the Local Coastal Program from the Carlsbad Fire Department. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a landscape management plan coosisteut with the requirements of 21.203.040(H) from the Planning Director. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a Public Education Program consistent with the requirements of 21.203.040(B)(4)(j) from the Planning Director. This approval is granted subject to the approval of CDP 98-66(A) and is subject to all conditions contained in Planning Commission Resolution No. 4967 for those other approvals Eugineering: 26. 27. 28. 29. 30. 31. The Developer or their successors shall provide an acceptable means for maintaining the private easements within the Site Development Plan are SDP 98-04 as well as the private streets, sidewalks, street lights, storm drain facilities, and sewer facilities located therein. Adequate provision for such maintenance shall be included in a record document subject to the approval of the City Engineer. Prior to the issuance of a building permit, the Developer or their successors shall comply with the City’s Anti-Graffiti program for wall treatments if and when such a program is formally established by the City. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the Developer or their successors shall submit to and receive approval from the City Engineer for the proposed haul route. The Developer or their successors shall comply will all conditions and requirements the City Engineer may impose with regards to the hauling operation. The Developer or their successors shall provide for sight distance corridors in accordance with the Engineering Standards and the conditions of approval for CT 97-16. Mature vegetation within the site line area of all intersections shall be no greater than 30” in height or have a canopy no less than 8’ in height. No structure, fence, wall, sign, or other object over 30” in height above the street level shall be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standards. The underlying property owner shall maintain this condition. This project is within the proposed boundary of the Cannon Road West bridge and Thoroughfare Fee District. The project is required to pay a fare share contribution towards the construction of Cannon Road in accordance with the proposed fee program. The Developer or their successors shall pay all current fees and deposits required. PC RESO NO. 4966 -6- ‘ ( t c l( 11 1: 1: IL If 1t 1: 18 1s 2t 21 2; 2: 2L 2: 2e 2; 26 32. The structural section for the access aisles must be designed with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City as part of the building site plan check review. 33. All improvements except water and sewer lines in public easements are private and are to be privately maintained. 34. Based on the review of the proposed grading, a precise grading plan and permit is required. The Developer or their successors shall apply for and obtain a precise grading permit from the City Engineer. Watet- -. 35. 36. 37. 38. 39. 40. The Developer or their successors shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at the issuance of application for any meter installation. The Developer or their successors shall provide detailed information to the District Engineer regarding water demand, irrigation demand, fire flow demand in gallons per minute, and project sewer flow in million gallons per day. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail by Developer or their successors and District Engineer to insure that adequate capacity, pressure and flow demands can be met. All District pipelines, pump stations, pressure reducing stations and appurtenances required for this project by the District shall be within public right-of-way or within easements granted to the District or the City of Cat&bad. Sequentially the Developer’s or their successors’ engineer shall do the following: A. B. Meet with the City Fire Marshall and establish the fire protection requirements Prepare and submit a colored recycled water use area map and submit this map to the Planning Department for processing and approval by the District Engineer. C. Prior to the preparation of sewer, water and recycled water improvement plans, the Developer or their successors shall submit preliminary system layouts to the District Engineer for review, comment and approval. The following note shall be placed on the CT 97-16 final map: A. “This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the District serving the development has adequate water and sewer capacity available at the time PC RESO NO. 4966 -7. 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 development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy. 41. 42. All potable water and recycled water meters shall be placed within public right-of-way. No more than 19 homes shall be served on a single potable water distribution pipeline. For those locations with more than 19 homes, a looped potable water pipeline system shall be designed. 43. A public tire flow system shall be required for this industrial or commercial development, and it shall be constructed as a looped pipeline system. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4966 -8 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: STAIN: ATTEST: Planning Director PC RBSO NO. 4966 -9.