HomeMy WebLinkAbout2003-12-03; Planning Commission; Resolution 55071
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PLANNING COMMISSION RESOLUTION NO. 5507
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNED UNIT DEVELOPMENT PERMIT AMENDMENT
FOR A 4,477 SQUARE! FOOT RECREATION BUILDING WITH
SWIMMING POOL AND POND ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF ALICANTE
ROAD AND LAPIS ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE IO.
CASE NAME: LA COSTA GREENS RECREATION CENTER
CASE NO.: PUD 02- 1 1 (A)
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
Lot 34 and 47 of Carlsbad Tract No. 99-03 La Costa Greens, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 14543, filed in the office of the
County Recorder of San Diego County, February 12,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Minor Planned
Unit Development Amendment as shown on Exhibit(s) “A” - “R” dated December 3,2003, on
file in the Carlsbad Planning Department, LA COSTA GREENS RECREATION CENTER -
PUD 02-ll(A), as provided by Chapter 21.45 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, on October 15, 2003, the Planning Commission recommended
approval of PUD 02-11, as described and conditioned in Planning Commission Resolution No.
5486; and
WHEREAS, on December 2, 2003, the City Council approved PUD 02-11, as
described and conditioned in City Council Resolution No. 2003-309; 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 Minor Planned Unit Development Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES LA COSTA GREENS NEIGHBORHOOD 1.09 RECREATION
CENTER - PUD 02-ll(A), based on the following findings and subject to the
following conditions:
Findings:
1.
2.
3.
4.
That the proposed project complies with all applicable development standards included
within Chapter 21.45 of the Carlsbad Municipal Code, in that the project has been
designed consistent with Chapter 21.45 of the Carlsbad Municipal Code and is
compatible with the future homes to be constructed in this project area, and the
proposed recreation facility will serve the recreational needs for all ages of residents
within Neighborhood 1.09 of the Villages of La Costa Master Plan.
That the proposed project’s site design and architecture are compatible with surrounding
development, in that the surrounding neighborhoods in the Villages of La Costa
Master Plan will be developed with single-family detached homes using similar
materials and shapes.
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 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); and
b. this project is consistent with the Master Plan cited above; and
c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the Master Plan; and
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5.
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 15162 or 15163 exist; and
f. all feasible mitigation measures or project alternatives identified in the Villages of
La Costa Master Plan EIR, which are appropriate to this subsequent project,
have been incorporated.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 10 and all City public facility policies and
ordinances. Previous projects include elements or have 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 residential development prior to or concurrent with
need.
6. 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 Planned Unit Development Permit Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Unit Development Permit Amendment 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. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. 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.
5. 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 Planned Unit Development
Permit Amendment, (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) DevelopedOperator’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.
6. Prior to the issuance of the 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 Planned Unit Development amendment by Resolution
No. 5507 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
7. 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.
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 10 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
9. 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.
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10. This approval is subject to all conditions contained in Planning Commission Resolution
No. 5486 for PUD 02-11 incorporated herein by reference.
11. Gates into pool area shall be equipped with a Knox key lock and a Knox key box
shall be provided at the recreation building entrance.
12. The recreation facility shall be completed and operational prior to occupancy of the
38th unit in PUD 02-11.
En pineering
General
13. 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.
14. 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.
15. Developer shall submit to the City Engineer, a reproducible 24" x 36", Mylar copy of the
site plan and a digital copy of said map (in AutoCAD format, latest version)
reflecting the conditions approved by the final decision making body (INCLUDING ANY
APPLICABLE COASTAL COMMISSION APPROVALS). The reproducible shall be
submitted to the City engineer, reviewed and, if acceptable, signed by the City's project
engineer and project planner prior to submittal of the building plans, final map,
improvement or grading plans, whichever occurs first. The digital file copy shall be
submitted in a format as approved by the City Engineer.
16. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
17. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
Twe I
"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.
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FeedAgreements
18. 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 project into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/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
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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.
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 pond, lining and
earth structure adjacent to it shall be identified as well as protective measures,
drains and filters. 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.
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 the issuance of a building permit for the
project .
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.
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. Include all content as established by the California Regional Water Quality Control
Board requirements;
b. Include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
c. Recommend source control and treatment control Best Management Practices (BMPs)
that will be implemented with this project to avoid contact or filter said pollutants
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24.
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from storm water to the maximum extent practicable before discharging to City right-
of-way or natural drainage course; and
d. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan
(SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad
Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by
the San Diego Region of the California Regional Water Quality Control Board and
City of Carlsbad Municipal Code. The SWMP shall address measures to avoid
contact or filter said pollutants from storm water, to the maximum extent
practicable, for the post-construction stage of the project. At a minimum, the
SWMP shall:
a. IdentifL existing and post-development on-site pollutants-of-concern;
b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project;
c. Recommend source controls and treatment controls 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;
d. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants;
e. Ensure long-term maintenance of all post construct BMPs in perpetuity; and
f. IdentifL how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
Prior to occupancy, Developer shall install street lights along all public and private street
frontages abutting andor within the project site in conformance with City of Carlsbad
Standards.
Prior to occupancy, Developer shall install sidewalks along all public streets abutting the
project site in conformance with City of Carlsbad Standards.
Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
abutting the project site in conformance with City of Carlsbad Standards.
The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the site plan are for planning purposes only. Developer shall pay traffic impact and sewer
impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal
Code, respectively.
Prior to issuance of building permits within this development, Developer shall
execute and record a Development Improvement Agreement to design and install
and post appropriate security as provided by law, public improvements shown on
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the site development plan and the following improvements including, but not limited
to installation of traffic signals and ultimate intersection striping per City Standards
and constructed to the satisfaction of the City Engineer. The improvements consist
Of:
a. Design and construct a new fully actuated traffic signal at the
intersection of Alicante Road and Lapis Road. Developer
acknowledges the necessity of this signal is to serve this project
and has agreed to be responsible for the entire design and
construction in lieu of cost sharing with adjacent projects.
Developer will bear all costs associated with the design and
construction of this signal, if warrants are met. The signal shall be
interconnected with adjacent signals to facilitate signal
coordination.
Developer shall post security for the design and construction of said improvements.
The Agreement shall be kept in force and security kept valid for a period of 1-year
after the last building permit has been issued within this Development (Planning
Areas 1.8, 1.9 and 1.12). The traffic signal shall be installed only when written
approval is received by the City Engineer.
Water District
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Prior to approval of grading plans or building permit, Developer shall meet with the Fire
Marshal to determine if 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.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieno County Water
Authority capacity charae(s) prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map for
processing and approval by the District Engineer.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install (potable water and/or recycled water services) and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
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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Code Reminder
36. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
A. 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.
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 feedexactions
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.
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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 3rd day of December 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Segall,
White, and Whitton
NOES: None
ABSENT: Commissioner Montgomery
ABSTAIN: None
3 R, Chairperson
Ce PLANNING COMMISSION
ATTEST:
MICHAEL J. HOTZMIEER
Planning Director
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