HomeMy WebLinkAbout2003-03-05; Planning Commission; Resolution 53791
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PLANNING COMMISSION RESOLUTION NO. 5379
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
DEVELOPMENT OF A COMMUNITY RECREATION CENTER
LOCATED WITHIN THE LA COSTA OAKS VILLAGE OF THE
VILLAGES OF LA COSTA MASTER PLAN, GENERALLY
LOCATED AT THE NORTHEAST CORNER OF CORTE
DELPHINO AND CIRCULO SEQUOIA WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME: VILLAGES OF LA COSTA - COMMUNITY
CASE NO.: CUP 02-24
WHEREAS, Morrow Development, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, “Owner,” described as
CONDITIONAL USE PERMIT CUP 02-24 TO ALLOW THE
RECREATION CENTER
Lot 181 and some portion of lot 175 of City of Carlsbad Tract
CT 99-04-01, Villages of La Costa Oaks South, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof no. 14379 filed in the Office of the San Diego
County Recorder on April 29,2002
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits - N” dated March 5, 2003, on file in the Carlsbad Planning
Department, VILLAGES OF LA COSTA - COMMUNITY RECREATION CENTER-
CUP 02-24, as provided by Chapter 21.42 and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of March, 2003, 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 CUP.
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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 Commission
CENTER - CUP 02-24, based on the following findings and subject to the
following conditions:
APPROVES VILLAGES OF LA COSTA - COMMUNITY RECREATION
Findinm:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed community recreation center will
provide a place for recreational activities for the single family residential
neighborhood located in its vicinity and will be an additional amenity for the
neighborhood. The proposed project will not be detrimental to the residential land
use located in its vicinity.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed recreation center will be located on a 1.4 acre parcel which can
accommodate the proposed use. The site design is consistent with the standards
contained in the Master Plan for the Villages of La Costa.
That all the 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 recreation center is consistent with the
development standards contained in the Villages of La Costa Master Plan. The
proposed 5’ high fence located within the front yard setback area provides the
necessary security fencing required for the pool and spa and its location is dictated
by the down slope from the project site to the street. The fence is located outside the
corner sight distance corridors.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed recreation center is pedestrian
based and due to its central location, most of the users will be able to walk to the
center. On-street parking is available along the site frontage on Corte Delphino and
Circulo Sequoia.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the City’s General Plan, based on the facts set forth in the staff report
dated March 5,2003 and recognizing that the Land Use Element of the General Plan
calls for Master Planned communities to provide within the development,
community facilities which contribute to a balanced community to meet social/
human service needs.
PC RES0 NO. 5379 -2-
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6.
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The project’s potential environmental impacts were fully examined, mitigated and
evaluated within the scope of the Villages of La Costa Final Program EIR (98-07)
previously certified and approved on October 23, 2001 along with the adopted
Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of
Overriding Considerations fully satisfying all applicable CEQA requirements for
the proposed project.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding 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.
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:
PC RES0 NO. 5379
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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 Mher 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 Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit 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
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5.
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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 indemnifl, 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 Conditional Use Permit, and
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein. This obligation survives
until all legal proceedings have been concluded and continues even if the City’s approval
is not validated.
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.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
Prior to the issuance of building permit, 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 Conditional Use Permit by Resolution No. 5379 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 has 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.
Paint types shall be indicated on the building plans and shall be reviewed and
approved by the Building Department. When available as a viable option, water
based paints shall be utilized rather than conventional solvent based solutions and
powder coatings (where applicable) and zero-emission paints shall be utilized.
PC RES0 NO. 5379 -4-
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12. Prior to the issuance of the building permit, the applicant shall provide proof to the
Planning Director, that the CC&Rs for the Villages of La Costa-Oaks South contain
disclosure stating that the subject recreation center does not have on-site parking
and the users of the center will utilize on-street parking spaces in the neighborhood.
Landscapinp:
13. 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. 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 weeds, trash, and debris.
14. 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.
Enpineerinp:
General
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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.
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.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement the project CC&R's.
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition."
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
Grading
18. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
19. Based upon a review of the proposed grading and the grading quantities shown on the site
PC RES0 NO. 5379 -5-
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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 any building permits for the
project.
20. Prior to the issuance of grading permit or building permit, whichever occurs first, the
applicant shall submit for City approval a “Storm Water Management Plan (SWMP)”.
The SWMP shall be in compliance with current requirements and provisions established
by the San Diego Region of the California Regional Water Quality Control Board. The
SW shall address measures to reduce to the maximum extent possible storm water
pollutant runoff at both construction and post-construction phases of the project. At a
minimum, the Plan shall:
a) Identify existing and post-development on-site pollutants.
b) Recommend source control Best Management Practices (BMPs) to filter said
c) Establish specific procedures for handling spills and routine clean up. Special
pollutants.
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants.
d) Ensure long-term maintenance of all post construct BMPs in perpetuity. - Fire:
21. All proposed buildings are required to install an approved Automatic Fire Sprinkler
System since they are located at 150 linear feet of travel distance from the nearest Fire
Department Access.
Code Reminders:
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Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11 pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances, except as otherwise
specifically provided herein.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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
of the City Engineer.
PC RES0 NO. 5379 -6-
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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 feedexactions 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 5th day of March, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Segall,
Montgomery, White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
R, Chairperson
PLANNING COMMISSION
ATTEST:
0
MICHAEL J. HMZMIKLER
Planning Director
PC RES0 NO. 5379 -7-