HomeMy WebLinkAbout2003-12-03; Planning Commission; Resolution 55051
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PLANNING COMMISSION RESOLUTION NO. 5505
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT OF A TEMPORARY RECREATIONAL
VEHICLE (RV) STORAGE AREA LOCATED WITHIN THE LA
COSTA OAKS NORTH VILLAGE, NEIGHBORHOOD 3.6 OF
THE VILLAGES OF LA COSTA MASTER PLAN IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
RV STORAGE AREA
DEVELOPMENT PLAN SDP 02-05 TO ALLOW THE
CASENAME: LA COSTA OAKS NORTH - TEMPORARY
CASE NO.: SDP 02-05
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
The west half of the southwest quarter of Section 29, Township 12
South, Range 3 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according to
Plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “G” dated December 3, 2003, on file in the Planning
Department, LA COSTA OAKS NORTH- TEMPORARY RV STORAGE AREA - SDP 02-
05 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of December 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 Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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That the foregoing recitations are true and correct.
That based on the evidence presented at the pu& hearing, the Planning
Commission APPROVES LA COSTA OAKS NORTH - TEMPORARY RV
STORAGE AREA - SDP 02-05 based on the following findings and subject to
the following conditions:
1.
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4.
5.
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 site is currently in its natural form with no
improvements or grading. The proposed temporary RV storage area is a
requirement of the Villages of La Costa Master Plan for neighborhoods in the Oaks
South with lot sizes less than 7,500 square feet. The project improvements include
site grading, required infrastructure, security fencing and landscaping. This site
will be used for temporary RV storage until such time that a permanent facility in
Neighborhood 3.2 is constructed. The project is consistent with the site and with the
General Plan as it meets all the development standards of the Villages of La Costa
Master Plan.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the subject site is 1.7 acres in area and can easily accommodate 3,700 square feet
of RV storage area and associated access, landscaping and security fencing.
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 no adjustments are necessary to allow the proposal to
be located on the subject site. The proposed use is consistent with the development
standards contained in the Villages of La Costa Master Plan.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the temporary RV storage site will be accessed
via future Street “H” which will be connected to Rancho Santa Fe Road.
The Planning Director has determined that:
a. the project is a subsequent activity of the Villages of La Costa 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 earlier, and that the program EIR adequately describes the activity for
the purposes of CEQA); [15168(c)(2) and (e)]; and
b. this project is consistent with the Master Plan cited above; and
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c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the prior plan; and
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
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. the Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the Villages of La Costa Master Plan EIR 98-07,
which are appropriate to this Subsequent Project, have been incorporated into
this Subsequent Project.
6. 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.
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading permits.
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.
2. 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.
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3.
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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.
DeveloperQerator 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, 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.
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.
Prior to the issuance of grading 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 Site Development Plan by Resolution No. 5505 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.
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.
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11. 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 shall comply with all the conditions set forth by CT 99-04 in
Planning Commission Resolution No. 5020 incorporated by reference herein.
12.
En Pineering
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.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards. 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.
Prior to issuance of any development permits, 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 or to the formation or annexation into an additional Street
Lighting and Landscaping District. Said written consent shall be on a form
provided by the City Engineer.
Grading
16. Prior to the issuance of a grading permit, 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.
17. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
18. 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 start of any work.
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DedicationsLImprovements
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Prior to issuance of any development permits, Developer shall install storm drain
infrastructure that serves this development per City drawing no. 368-2 along
Rancho Santa Fe Road to the satisfaction of the City Engineer.
Prior to issuance of any development permits, Developer shall complete the full-
width road improvements to Rancho Santa Fe Road along the frontage of this
project per City-approved drawing No. 397.2F. The full-width improvements
consist of the deceleration lane, curb returns, and bus turnout along Rancho Santa
Fe Road to accommodate “future” Street H that will also serve this interim RV
parking lot. The limits of full-width improvements shall be installed between station
237+68.07 to station 243+63.80 per City-approved drawing No. 397.1F.
Prior to issuance of any development permits, Developer shall dedicate the
necessary right-of-way along Rancho Santa Fe Road necessary to encompass the
proposed deceleration lane, and bus turnout per City Standards. Developer shall
prepare, process and pay the necessary plan check fees for the proposed public road
and public utility easements to the satisfaction of the City Engineer.
Prior to issuance of any development permits, the Developer shall make an offer of
dedication to the City for a public trail easement as generally shown on the tentative
tract map for CT 99-04.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
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 or conditioned in this resolution.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMps) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
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d. 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.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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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.
Some improvements shown on the Site Development Plan and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
title or interest. The Developer shall immediately initiate negotiations to acquire such
property. The Developer shall use its best efforts to effectuate negotiated acquisition. If
unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and
comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to
notify and enable the City to successfully acquire said property by condemnation.
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.
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
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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 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 3rd, day of December 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
v AKER, Chairperson
-.AD PL&G COMMISSION
ATTEST:
M~CHAEL J. HOMILLM
Planning Director
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