HomeMy WebLinkAbout2001-08-01; Planning Commission; Resolution 50081
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PLANNING COMMISSION RESOLUTION NO. 5008
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 00-16 TO ALLOW A 16 UNIT
APARTMENT PROJECT LOCATED ON THE NORTH SIDE
OF PIRINEOS WAY IN LOCAL FACILITIES MANAGEMENT
ZONE 6.
CASE NAME: PIRINEOS POINTE
CASE NO.: SDP 00-16
I WHEREAS, Pirineos Pointe, LLC, “Developer” has filed a verified application
with the City of Carlsbad regarding property owned by Nothan Partners No. I, “Owner,”
described as
Parcel 1 of Parcel Map 4548 in the City of Carlsbad, County of
San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, March 161976 as file No. 76-
076420 of official records.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibit(s) “A” - “V” dated July l&2001, on file in the Planning Department,
SDP 00-16 - PIRINEOS POINTE, as provided by Chapter 21.06/Section 21.53.120 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of July, 2001 and on
the 1st day of August, 2001, hold a duly noticed public hearing as prescribed by law to consider
said request; and
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.
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.
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B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVED SDP 00-16 - PIRINEOS POINTE, based on the
following findings and subject to the following conditions:
FindinPs:
I 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 is consistent with the Residential High (RH)
density General Plan designation for the site and surrounding properties, and
although it exceeds the density permitted by the Growth Management growth
control point by 1.4 units, adequate public facilities will be provided to serve the
additional units in accordance with Growth Management standards and quadrant
dwelling unit cap will not be exceeded. The project is also consistent with Housing
Element goals for the provision of low income housing and with zoning standards
for development in the RD-M zone. The project would not adversely impact the site
or surrounding uses since it is proposed on an inilll lot that is surrounded by
existing multi-family apartment and condominium projects that are similar in
design and at densities similar to or higher than the proposed density. The project
is designed with a single driveway providing access to partially subterranean
garages within the development that will ensure safe ingress and egress from the
public street. The architectural design, in which units are two-story adjacent to
surrounding development and include well articulated building planes and roof
lines, aesthetically enhance the project and ensure compatibility with the
surrounding development.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the apartment project proposes only 30.7% building coverage and building
setbacks exceed the minimum requirements at the majority of locations.
Additionally, a 6’ high earthstone retaining wall and 3:l landscaped slope will
replace and restabilize an existing 15’ high, 1 %:l slope located along the northern
property line. The structures will remain at the approximate location of the existing
top of slope; therefore, additional building area is not created by the retaining wall.
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 provides landscape setbacks that exceed
the minimum requirement at most locations, includes common and private outdoor
recreational amenities within the developable area, and is similar in design and scale
with surrounding development.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the street system serving the project includes
improved local streets and La Costa Avenue. The local streets are designed to
accommodate high density development in accordance with the General Plan. La
Costa Avenue is a secondary circulation arterial roadway that currently operates at
acceptable levels of service and can accommodate the additional 96 ADT generated
by the proposed project.
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5.
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The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 6 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide Innding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Encinitas Union/San
Dieguito High School Districts that the project has satisfied its obligation for
school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
d. The Local Facilities Management fee for Zone 6 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
That 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 facility plans
will not be adversely impacted, in that although the project exceeds the permitted
density by 1.4 dwelling units, the infill parcel is served with adequate public
facilities to serve the additional density.
That there have been sufficient developments approved in the quadrant at densities below
the control point to offset the units in the project above the control point so that approval
will not result in exceeding the quadrant limit.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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 issuance of
grading permit or building permit, whichever occurs first.
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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.
Staff is authorized and directed to make, or require the Developer 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.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
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 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/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director corn the School District that this project has satisfied its obligation to provide
school facilities.
a. This project shall comply with all conditions and mitigation measures which are
required as part of the Zone 6 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
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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.
The developer shall construct trash receptable and recycling areas enclosed by a six foot
high masonry wall with gates pursuant to City engineering standards and Carlsbad
Municipal Code Chapter 21.105. 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.
The developer 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. The Developer 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 weeks, 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.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide and
deed restrict two dwelling units as affordable to lower-income households for the useful
life of the dwelling units, in accordance with the requirements and process set forth in
Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing
Agreement shall be submitted to the Planning Director no later than 60 days prior to the
request to final the map. The recorded Affordable Housing Agreement shall be binding
on all future owners and successors in interest.
The Developer shall construct the required inclusionary units concurrent with the
project’s market rate units, unless both the final decision making authority of the City and
the Developer agree within an Affordable Housing Agreement to an alternate schedule
for development.
Prior to issuance of the Site Development Plan, developer shall submit to the City a
Notice of Restriction to be filed in the Office of the County Recorder, subject to the
satisfaction of the Planning Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Site Development Plan by Resolution No.
5008 on the real property owned by the Developer. Said Notice of Restriction shall note
the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director as the authority to execute and record an
amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
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substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
16. Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities
17. The Developer shall post aircraft noise notification signs in all rental offices associated
with the new development. The number and locations of said signs shall be approved by
the Planning Department.
18. This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Enpineeriw:
General
19. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
20. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Fees/Agreements
21. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
22. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
23. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
24. Upon completion of grading, Developer shall file an “as-graded” geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on
a contour map which represents both the pre and post site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24” x 36” mylar or similar drafting film format suitable for a permanent record.
25. Based upon a review of the proposed grading and the grading quantities shown on the
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conceptual grading plan, a grading permit for this project is required. Developer shall
apply for and obtain a grading permit from the City Engineer prior to issuance of a
building permit for the project.
26. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
II of the City Engineer.
Dedications/Improvements
27. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the Site Plan and the following improvements including, but not
limited to (paving, base, sidewalks, curbs and gutters, medians, grading, and
grubbing, undergrounding or relocation of utilities, sewer, water, tire hydrants,
street lights, retaining walls and reclaimed water), to City Standards to the satisfaction
of the City Engineer.
a. New l&inch RCP storm drain to serve project constructed from
project entryway to existing inlet at cul-de-sac east of project.
b. New Fire service lateral
c. New water service and meter
Improvements listed above shall be constructed within 18 months of approval of the
project or development improvement agreement or such other time as provided in said
agreement.
28. Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along or within the Project boundary, if any exist.
29. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest issue. Developer shall provide
improvements constructed pursuant to 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 submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
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
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containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to Building Permit or Grading Permit issuance, whichever occurs first, Developer
shall apply for and obtain approval of the City Engineer, for the design of the structural
section for the access aisles 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 Engineer as part of the
building or grading plan review whichever occurs first.
Carlsbad Municipal Water District Conditions
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Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine the fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieao Countv Water
Authoritv capacity charge(s) prior to issuance of Building Permits.
The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
The Developer shall design and construct public water facilities substantially as shown on
the Site Plan and Conceptual Grading Plan to the satisfaction of the District Engineer.
Proposed public facilities shall be reflected on public improvement plans.
The Developer shall construct sufficient numbers (meter bank) of potable water meters
(maximum 2-inch meters) required to serve the project. Master-meters for each structure
(larger than 2-inches) is not an acceptable provision.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
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Fire:
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The Developer shall meet with and obtain approval from the Leucadia County Water
District regarding sewer infrastructure available or required to serve this project.
Prior to building occupancy, private driveways which serve as required access for
emergency service vehicles shall be posted as fire lanes in accordance with the
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
Fire sprinkler and fire alarm systems are required (use exception #2, CBC 1007.2.9.1 .l in
place of fire alarm system). Plans and/or specifications for fire alarm systems and
automatic fire sprinkler systems shall be submitted to the Fire Department for approval
prior to construction.
Code Reminders:
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The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 1st day of August, 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Heineman, and Trigas
NOES: Commissioners Compas and Nielsen
ABSENT: Commissioners Baker and L’Heureux
G COMMISSION
ATTEST:
Planning Director
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