HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56141
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PLANNING COMMISSION RESOLUTION NO. 5614
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
UNIT CONDOMINIUM ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF LAGUNA DRIVE EAST
OF BUENA VISTA CIRCLE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CASA LAGUNA 11
DEVELOPMENT PLAN SDP 03-15 TO CONSTRUCT A FOUR
CASE NO.: SDP 03-15
WHEREAS, Merit Group Inc., a California Corporation, “Developer/Owner,”
has filed a verified application with the City of Carlsbad regarding property described as
That portion of Lot 1 in Fractional Section 1, Township 12
South, Range 5 West, San Bernardino Base and Meridian, in
the City of Carlsbad, County of San Diego, State of California,
according to Official Plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “G” dated May 5, 2004, on file in the Planning Department,
CASA LAGUNA I1 - SDP 03-15 as provided by Chapter 21.06/Section 21.53.120 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of May 2004 and on
the 19th day of May 2004, 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:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CASA LAGUNA I1 - SDP 03-15 based on the
following findings and subject to the following conditions:
Findinm :
1. 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 project is located in an area of medium to high density
projects and the proposed residential project is compatible with the existing
adjacent residential developments of similar density; the site or surroundings will
not be adversely impacted as there are no significant habitat present and adjacent
properties are already developed; and that the traffic circulation will not be affected
as the local roadways are existing and have adequate capacity to accommodate the
additional project Average Daily Trips (32 ADT).
2. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated May 5,2004 including, but not limited to the following:
a. Land Use - The project is consistent with the City’s General Plan since the
proposed density of 7.8 du/ac is below the density range of 8 - 15 du/ac specified
for the site as indicated in the Land Use Element of the General Plan. The
project’s proposed density of 7.8 ddac is below the Growth Management Control
Point density (11.5 ddac) used for the purpose of calculating the City’s
compliance with Government Code Section 65 584. However, consistent with
Program 3.8 of the City’s certified Housing Element, all of the dwelling units,
which were anticipated toward achieving the City’s share of the regional housing
need that are not utilized by developers in approved projects, are deposited in the
City’s Excess Dwelling Unit Bank. These excess dwelling units are available for
allocation to other projects. Accordingly, there is no net loss of residential unit
capacity and there are adequate properties identified in the Housing Element
allowing residential development with a unit capacity, including second
dwelling units, adequate to satisfy the City’s share of the regional housing
need. Projects developed below the minimum density range are still
considered to be consistent with the General Plan.
b. Circulation - The project is served by an existing public street, Laguna Drive,
which operates at an acceptable level of service. On-site circulation consists
of a private driveway which provides access to resident garages and guest
parking spaces designed in accordance with City standards.
c. Housing - The project is consistent with the Housing Element of the General
PIan and the Inclusionary Housing Ordinance as the developer has been
conditioned to pay an in-lieu affordable housing fee on a per unit basis.
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3.
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The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 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.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that all of the project’s buildings, circulation system, parking, open space, and other
amenities can be provided without the need for variances.
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 the project provides the required setbacks and
incorporates architectural enhancements and landscaping consistent with the
Planned Development Ordinance and landscape guidelines.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the additional 32 ADT generated by the project
will not impact the surrounding road segments or intersection levels of service
significantly.
The project is consistent with the General Plan in that the General Plan
combination district on sites, which are less than 25 acres in size, may be developed
via a Site Development Plan. This Site Development Plan (SDP 03-15) will not
implement the Office land use component of the existing combination designation of
RMH/O. The RMH will be applied to the entire site with this SDP entitlement as
allowed by the General Plan.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt fiom the requirement for the
preparation of environmental documents pursuant to Section 15303 - new construction
of no more than six duplex residential units in an urbanized area of the state CEQA
Guidelines. In making this determination, the Planning Director has found that the
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exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
10. 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 final map
recordation, certificate of compliance or issuance of grading permit, whichever
occurs first.
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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.
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.
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 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, (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
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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 Department a reproducible 24” x 36” mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
This approval is granted subject to the approval of CDP 03-30, CP 03-06, and MS 04-03
and is subject to all conditions contained in Planning Commission Resolution No. 5615
and correspondence from the Planning Director and City Engineer for those other
approvals incorporated herein by reference.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
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.
Approval is granted for SDP 03-15 as shown on Exhibits “A” - “G” dated May 5,2004,
on file in the Planning Department and incorporated herein by reference. Development
shall occur substantially as shown unless otherwise noted in these conditions.
At issuance of building permits the Developer shall pay to the City an inclusionary
housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the
amount in effect at the time, as established by City Council Resolution from time to time.
Developer shall construct and install all landscaping as shown on the approved
Conceptual Landscape Plan, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
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Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
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, notiffing all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan by Resolution No. 5614 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.
Ewineering
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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 submit to the City Engineer, a reproducible 24" x 36" mylar copy of the
tentative map and a digital copy of said map using NAD 83' reflecting the conditions
approved by the final decision making body. 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.
Developer shall and does hereby agree to indemnify, protect, defend and hold harmless
the City of Carlsbad, its Council members, agents, officers, and representatives, from and
against any and all liabilities, losses, damages, demands, claim 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 tentative parcel map, (b) City's approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with
the use contemplated herein, including an action filed within the time period specified in
Government Code Section 66499.37 and (c) Developer'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.
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Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and 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.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the Parcel Map
(and in the 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."
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
FeedAgreements
25. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
26. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
27. 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 subdivision 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
28. . Prior to the issuance of a grading permit the 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.
29. Based upon a review of the proposed grading and the grading quantities shown on the
Site Development Plan a grading permit for this project is required. Developer shall
apply for and obtain a grading permit from the City Engineer.
DedicationdImprovements
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Developer shall cause Owner to make an irrevocable offer of dedication to the City andor
other appropriate entities for all public easements shown on the Site Development Plan.
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The offer shall be made by a certificate on the Parcel Map and/or separate document. All
land so offered shall be offered fiee and clear of all liens and encumbrances and without
cost.
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.
Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
Developer shall execute and record a City standard Improvement Agreement to
install and secure with appropriate security as provided by law, public
improvements shown on the Site Development Plan including, but not limited to:
paving, base, sidewalks, storm drains, curbs and gutters, undergrounding or
relocation of utilities, sewer, water, fire hydrants, and street lights. To ensure
acceptable transitions of pavement slopes and cross-fall grades, the limits of removal
and reconstruction of the existing pavement on Laguna Drive shall be as directed by
the City Engineer. Additional storm drain inlets and facilities, not shown on the
Tentative Map, may be required on Laguna Drive to ensure proper drainage.
Improvements listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
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 SWPP 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
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36.
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
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.
d.
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 SW shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater 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:
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b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
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;
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; and
identify 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.
d.
e.
f.
- Fire:
37. Developer shall dedicate to the City of Carlsbad a Public Utility Easement over the
entire private driveway.
Code Reminders:
38. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
39. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
40. 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.
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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
‘ ‘ feedex ac t i ons . ”
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 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 fees/exactions 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 19th day of May 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Heineman, and
Whitton
NOES: Commissioner Dominguez
ABSENT: Commissioners Montgomery and Segall
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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