HomeMy WebLinkAbout2001-05-02; Planning Commission; Resolution 49681
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PLANNING COMMISSION RESOLUTION NO. 4968
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT OF SITE DEVELOPMENT
PLAN SDP 98-18 FOR 147 RESIDENTIAL LOTS ON PROPERTY
GENERALLY LOCATED SOUTH OF CANNON ROAD AND
EAST OF FARADAY ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 8
CASE NAME: KELLY RANCH
CASE NO.: SDP 98-18(A)
WHEREAS, Shea Homes, “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 “I” of Ran&o Agua Hedionda and a portion
of Lot “F” of Ranch0 Agua Hedionda all in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 823, Bled 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) “BB” - “DD” and “51”-“J12” and “II”-“IlO” dated
May 2,2001, on file in the Planning Department, KELLY RANCH- SDP 98-18(A) as provided
by Chapter 21.06/Section 21.53.120 ofthe 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
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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 approved
SDP 98-18 as described and conditioned in Planning Commission Resolution No. 4560.
WHEREAS, the findings and conditions of this resolution shall supercede the
findings and conditions of Planning Commission Resolution No. 4560
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Planning
Commission RECOMMENDS APPROVAL of KELLY RANCH - SDP 9%
18(A) based on the following findings and subject to the following conditions:
Findings:
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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 proposed homes comply with the setback regulations of
the zone and are compatible with other homes existing in the area.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the number of homes proposed is consistent with the density allowed by the
General Plan and Growth Management Ordinance.
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 proposed homes are within the limitations for
height and distance from property lines as required by the R-l zone and Planned
Development Ordinance and are shown on the project exhibits.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the streets have been designed according to City
of Carlsbad standards and will have the capacity for the anticipated 1,460 Average
Daily Traffic.
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E. 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.
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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.
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.
Adoption of Planning Commission Resolution No. 4968 [SDP 98-18(A)] voids and
supersedes Planning Commission Resolution No. 4560 (SDP 98-18) 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.
The Developer or their successors shall comply with all applicable provisions of federal,
state, and local laws and regulations in effect at the time of building permit issuance.
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 plan submitted for any
permit plan check, a reduced legible version of the approving resolution(s) on a 24” x
36” blueline drawing.
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
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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 the issuance of a building permit, the Developer or their successors shall provide
proof to the Director from the School District that this project has satisfied its obligation
to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 8 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
following:
a. Construction of Cannon Road
b. Availability of the South Agua Hedionda Sewer Intercepter
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.
The Developer or their successors shall establish a homeowner’s association and
corresponding covenants, conditions and restrictions for Planning Areas “I” and “J”.
Said CC&Rs shall be submitted to and approved by the Planning Director prior to final
map approval. Prior to issuance of a building permit the Developer or their successors
shall provide the Planning Department with a recorded copy of the official CC&Rs that
have been approved by the Department of Real Estate and the Planning Director. At a
minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have the
right to disapprove. A copy of the final approved amendment shall be transmitted to
City within 30 days for the official record. Failure of Association to Maintain
Common Area Lots and Easements. In the event that the Association fails to
maintain the “Common Area Lots and/or the Association’s Easements” as provided
in Article , Section the City shall have the right, but not the
duty, to perform the necessary maintenance. If the City elects to perform such
maintenance, the City shall give written notice to the Association, with a copy
thereof to the Owners in the Project, setting forth with particularity the maintenance
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which the City finds to be required and requesting the same be carried out by the
Association within a period of thirty (30) days from the giving of such notice. In the
event that the Association fails to carry out such maintenance of the Common Area
Lots and/or Association’s Easements within the period specified by the City’s notice,
the City shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
c. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and or
Association’s Easements. The City shall provide a copy of such invoice to each
Owner in the Project, together with a statement that if the Association fails to pay
such invoice in full within the time specified, the City will pursue collection against
the Owners in the Project pursuant to the provisions of this Section. Said invoice
shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period
specified, payment shall be deemed delinquent and shall be subject to a late charge
in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the
City may pursue collection from the Association by means of any remedies available
at law or in equity. Without limiting the generality of the foregoing, in addition to
all other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal prorata share
of the invoice, plus the late charge. Such special assessment shall constitute a charge
on the land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
d. Landscaue. Trail and Vista Point Maintenance Responsibilities. The HOAs and
individual lot or unit owner landscape, trail and vista point maintenance
responsibilities shall be as set forth in the CC&Rs.
e. Balconies, trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in the CC&Rs.
f. Recreational Vehicle Storage. Use and maintenance responsibilities of the
common recreational vehicle storage area shall be as set forth in the CC&Rs.
g. Fire Suppression Areas. Fire suppression zones have been established per CDP
97-43(A). Each moue and use restrictions withiu each aone shall be as set forth
in the CC&Rs.
This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of approval. The City shall not
issue any grading, building, or other permit, until the annexation is completed. The City
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Manager is authorized to extend the 60 days, for a period not to exceed 60 days, upon a
showing of good cause.
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 and the City’s
Landscape Manual and the Mello II segment of the 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 tile in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
The Developer or their successors shall display a current Zoning and Land Use Map, or
an alternative, suitable to the Planning Director, in the sales office at all times. All sales
maps that are distributed or made available to the public shall include but not be limited
to trails, future and existing schools, parks and streets.
The Developer or their successors shall post a sign in the sales office in a prominent
location that discloses which special districts and school district provide service to the
project. Said sign shall remain posted until ALL of the units are sold.
All sales maps that are distributed or made available to the public shall include but not be
limited to trails, future and existing schools, parks and streets.
The Developer or their successors shall diligently implement, or cause the
implementation of, all applicable mitigation measures identified in the Supplemental
Final EIR 98-05 that are found by this resolution to be feasible.
The Developer or their successors shall implement, or cause the implementation of, the
Kelly Ranch Project Mitigation Monitoring and Reporting Program.
The project is subject to the Kelly Ranch Affordable Housing Agreement adopted
by City Council on July 28, 1998 by Resolution No. 98-257 and Addendum No. 1 to
that agreement entered into on February 13,200l.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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.
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Prior to the issuance of a grading permit, the Developer or their successors shall
obtain approval of a landscape management plan consistent 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.
The recreational vehicle storage facility on Lot 161 of Carlsbad Tract 97-16 is not a
commercial facility and is for the exclusive use of the residents of Kelly Ranch
Planning Areas A, E, I, J and L. Developer or their successors shall cause the owner
to execute and record a deed restriction on Lot 161 designating it in perpetuity as a
common recreational storage facility for Planning Areas A, E, I, J and L.
Additionally, the facility shall be maintained by the Developer or their successors.
This approval is granted subject to the approval of CDP 98-70(A) and is subject to all
conditions contained in Planning Commission Resolution No. 4969 for those other
approvals.
Engineering:
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Prior to issuance of any building permit, the Developer or their successors shall comply
with the requirements of the City’s anti-graffiti program for wall treatments if and when
such a program is formerly 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
horn the City Engineer for the proposed haul route. The Developer or their successors
shall comply with all conditions and requirements the City Engineer may impose with
regards to the hauling operation.
The Developer or their successors shall pay all current fees and deposits required.
Based on the proposed grading a precise grading plan and permit for this project is
required. The Developer or their successors shall apply for and obtain a precise
grading permit from the City Engineer.
Prior to the issuance of a grading permit, the Developer or their successors shall proof
that a Notice of Intention has been submitted to the State Water Resources Control Board.
The Developer or their successors shall comply with the City’s requirements of the
National Pollutant Discharge Elimination System (NPDES) permit. The Developer or
their successors shall provide best management practices as referenced in the “California
Storm Water Best Management Practices Handbook” to reduce surface pollutants to an
acceptable level prior to discharge to sensitive areas. Plans for such improvements shall
be prepared by the Developer or their successors and approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
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A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements
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.
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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:
ABSTAIN:
n A-
ATTEST:
MICHAEL J. HOtiMILtiR
Planning Director
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