HomeMy WebLinkAbout2003-09-17; Planning Commission; Resolution 54661
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PLANNING COMMISSION RESOLUTION NO. 5466
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR A COMMUNITY
RECREATION FACILITY IN OPEN SPACE AREA 2 OF THE
BRESSI RANCH MASTER PLAN ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD, EAST OF EL CAMINO REAL, NORTH OF THE
FUTURE EXTENSION OF POINSETTIA LANE AND WEST OF
THE FUTURE EXTENSION OF EL FUERTE STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH VILLAGE GREEN
CASE NO.: CUP 02-17
WHEREAS, Bressi Garden Lane LLC, “Developer and Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
Lot 18 of Carlsbad Tract No. 00-06, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 14,600, filed in the Office of the County Recorder
of San Diego County, May 29,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “VG 1-6” dated September 17, 2003, on file in the Carlsbad
Planning Department, BRESSI RANCH VILLAGE GREEN - CUP 02-17, as provided by
Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of September 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES BRESSI RANCH VILLAGE GREEN - CUP 02-17, based on the
following findings and subject to the following conditions:
FindinPs :
1.
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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 it will provide recreational facilities for the future
residents of the Master Plan; the Open Space land use designation is the
appropriate location for a community recreational facility; is in conformance with
the Bressi Ranch Master Plan which has designated this area to be developed as a
community recreational facility; and it will not be detrimental to the surrounding
residential land uses since they will be adequately buffered from the recreational
facilities by public streets and setbacks.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed building setbacks, availability of parking, and circulation are
adequate to accommodate the proposed community recreation facility.
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 that the project complies with all development
standards by the Bressi Ranch Master Plan and is conditioned for periodic review to
ensure compliance with all conditions of approval.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that more than the minimum required parking has
been provided on site, there is parking available on the adjacent public streets, the
traffic generated by this project is minimal and was evaluated by the previously
certified EIR for the Bressi Ranch Master Plan.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 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 Director has determined that:
a. the project is a subsequent activity of the Bressi Ranch Master Plan for which a
program EIR was prepared, and a notice for the activity has been given, which
includes statements that this activity is within the scope of the program approved
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earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA; [15168(c)(2) and (e)];
b. this project is consistent with the Master Plan cited above;
c. EIR 98-04 was certified in connection with the prior Master Plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR,
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist; and
f. All mitigation measures contained in the adopted Mitigation Monitoring and
Reporting Program from EIR 98-04 applicable to the proposed Planning Area
projects have been completed, incorporated into the project design or are required
as conditions of approval for. the project.
7. 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
8. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
9. 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 a
building permit.
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 Conditional Use Permit.
2. 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
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3.
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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.
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.
Developer/Operator shall and does hereby agree to indernnifl, 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, (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. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to The Planning Director a reproducible 24” x 36” mylar copy
of the Site Plan reflecting the conditions approved by the final decision making body.
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. A note to this effect
shall be placed on the Final Map.
This Conditional Use Permit shall be reviewed by the Planning Director annually 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.
This Conditional Use Permit is granted for a period of 10 years from September 17,2003
to September 16,2013. This permit may be revoked at any time after a public hearing, if
it is found that the use has a substantial detrimental effect on surrounding land uses and
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the public’s health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed 10 years upon
written application of the permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public’s health and welfare.
If a substantial negative effect on surrounding land uses or the public’s health and welfare
is found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals.
This approval isgranted subject to the approval of CT 02-14, CT 02-19, and CT 03-03.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date CT 02-14, CT 02-19, and CT 03-03 are
recorded as final maps.
The pool and recreation building shall be completed and available for use prior to
the occupancy of the first residential unit in Bressi Ranch. The remainder of the
Village Green shall be completed prior to the occupancy of the 150th residential unit
in Bressi Ranch.
Prior to the issuance of a 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, notifjmg all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5466 on the
property. 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.
Developer shall construct trash receptacle 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 andor materials to the project to the
satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
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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.
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.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
Developer shall make an irrevocable offer of dedication to the City establishing the
property as common open space for recreational purposes in perpetuity.
The Developer shall implement and comply will all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Bressi Ranch Master Plan - EIR 98-04, as contained in Planning
Commission Resolution No. 5201.
A greater percentage of 36 inch and 48 inch box specimen trees than shown on the
concept landscape plans Exhibits VG 1 through VG 6, dated September 17, 2003,
shall be provided on the Final Landscape and Irrigation Plan subject to the
approval of the Planning Director.
Engineering
General
23. Prior to hauling dirt or construction materials to or fiom any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
24. 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.
25. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement in the project
CC&Rs:
"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."
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The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
Grading
26. 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.
27. Based upon a review of the proposed grading and the grading quantities shown on the site
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.
28. 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
SWMP 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.
b.
c.
Identify existing and post-development on-site pollutants.
Recommend source control Best Management Practices (BMPs) to filter said
Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants.
Ensure long-term maintenance of all post construct BMPs in perpetuity.
pollutants.
d.
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 feedexactions. 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
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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 17th day of September 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
e, Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLmILLm
Planning Director
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