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HomeMy WebLinkAbout2003-12-03; Planning Commission; Resolution 55071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 5507 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 5507 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 5507 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 5507 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 19. 20. 21. 22. 23. 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 PC RES0 NO. 5507 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. 25. 26. 27. 28. 29. 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 PC RES0 NO. 5507 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 30. 31. 32. 33. 34. 35. 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. PC RES0 NO. 5507 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ... ... ... ... ... ... ... PC RES0 NO. 5507 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 5507 -10-