HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56291
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PLANNING COMMISSION RESOLUTION NO. 5629
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 03-13 TO ALLOW THE
CONSTRUCTION OF 28 SINGLE-FAMILY HOMES ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
CORNER OF POINSETTIA LANE AND BLACK RAIL ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: MORNING RIDGE
CASE NO.: SDP 03-13
WHEREAS, Keystone Communities, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Keystone Communities 28
LLC, “Owner,” described as
Lots 1 through 30 of City Carlsbad Tract CT 98-05, De Jong
property, in the City of Carlsbad, County of San Diego, State
of California, according to map thereof No. 14636 filed in the
Office of the San Diego County Recorder on July 23,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “BB” dated May 19,2004, on file in the Planning Department,
MORNING RIDGE - SDP 03-13, as provided by Chapter 21.06 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, 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 MORNING FUDGE - SDP 03-13, based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
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 project consists of the construction of 28 single-family
homes on previously subdivided and graded single-family lots; therefore, the project
is consistent with the property’s RLM General Plan designation; is compatible with
existing and future single-family development in the area, and the ADT generated
by the 28 single-family homes will not negatively impact traffic circulation.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 28 single-family homes meet all required standards of the R-1-Q zone,
including lot coverage and building setback standards.
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 28 single-family homes meet or exceed all R-1-Q
development standards.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project consists of 28 single-family homes
with access to public streets. Black Rail Road and Poinsettia Lane have been fully
improved across the project’s frontage as a condition of approval of CT 98-05 (De
Jong Residential Project) and all road segments and intersections serving the
project operate at acceptable levels of service.
The Planning Director has determined that
a. the project is a project for which a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (De Jong Residential Project
- CT 98-05, dated May 11,1999) was previously adopted.
b. this project is consistent with the project cited above;
c. the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (De Jong Residential Project - CT 98-05) was adopted in
connection with the prior project;
d. the project has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program;
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e.
f.
6. The
none of the circumstances requiring further environmental compliance under
CEQA Guidelines Section 15 162 exist;
the Planning Commission finds that all feasible mitigation measures identified in
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (De Jong Residential Project - CT 98-05, dated May 11,1999) which
are appropriate to this Subsequent Project have been incorporated into this
Subsequent Project.
Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and the Zone 20 Specific
Plan (SP 203) based on the facts set forth in the staff report dated May 19, 2004,
including, but not limited to the following: the 28 single-family homes are consistent
with the land use anticipated by the RLM General Plan land use designation and
the Zone 20 Specific Plan Area E development standards and architectural
guidelines.
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 and/or building 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.
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
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5.
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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 shall implement, or cause the implementation of all applicable mitigation
measures required of the De Jong Residential Project (CT 98-05, dated May 11,
1999) Mitigation Monitoring and Reporting Program, as contained in City Council
Resolution No. 99-1 61 and Planning Commission Resolution No. 4503.
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
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 20 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 03-25 and is subject to all
conditions contained in Planning Commission Resolution No. 5630 for those other
approvals incorporated herein by reference.
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 28 single-family homes - SDP 03-13 as shown on Exhibits “A”
through “BB” dated May 19,2004, on file in the Planning Department and incorporated
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13.
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...
herein by reference. Development shall occur substantially as shown unless otherwise
noted in these conditions.
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 20 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.
Prior to the issuance of a building permit, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Site Development Plan by Resolution No. 5629 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.
If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No, 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
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.
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.
Developer shall post aircraft noise notification signs in all sales offices associated with
the new development. The number and locations of said signs shall be approved by the
Planning Director (see Noise Form #3 on file in the Planning Department).
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19.
20.
21.
Developer shall provide a minimum of 25 percent of the lots with adequate side yard area
for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall prohibit
the storage of recreational vehicles in the required front yard setback.
Prior to the issuance of building permits, the Developer shall provide evidence of
compliance with all interior and exterior noise mitigation recommendations found
in the Acoustical Analysis Reports (Medlin & Associates, Report Number MR1 and
MR2, dated March 6, 2003 and June 11, 2003 respectively) to ensure that exterior
noise levels are below the 60 dBA CNEL level and that interior noise levels are
below the 45 dBA CNEL level.
Prior to final inspection and occupancy of the first residential unit, the Developer
shall execute a document or documents, to the satisfaction of the Planning Director
and the City Attorney, in relation to the open space habitat lots (Lot 29 and a
portion of Lot 22) to ensure the following:
a. Select a conservation entity, subject to the approval by the Planning Director,
that possesses the necessary qualifications to hold title to the open space lots
and ensure management of the open space lots for conservation purposes.
b. Prepare a Property Analysis Record (PAR) or other method acceptable to the
Planning Director for estimating the costs of management and monitoring of
the open space lots in perpetuity.
c. Based on the results of the PAR, provide a non-wasting endowment to the
selected conservation entity in an amount sufficient for management and
monitoring of the open space lots in perpetuity.
d. Transfer fee title to the open space lots to the selected conservation entity, or
execute a document to ensure the future transfer of ownership of the open
space lots along with the non-wasting endowment, to the City or its designee,
to provide for the management, monitoring, and conservation of the open
space lots in perpetuity consistent with the Carlsbad HMP.
Engineering
General
22. Prior to issuance of any building permit, the Developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when the City
formally establishes such a program.
23. Prior to hauling dirt or construction materials to or from this project, the developer shall
submit to and receive approval from the City Engineer for the proposed haul route. The
developer shall comply with all conditions and requirements the City Engineer may
impose with regards to the hauling operation.
24. The developer shall provide for sight distance comdors at all street intersections in
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25.
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accordance with Engineering Standards. The limits of these sight distance corridors
shall be reflected on any grading, or landscape plan prepared in association with
this development.
“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 developer shall pay all current fees and deposits required.
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.
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.
Grading
28.
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31.
Based upon a review of the proposed grading and the grading quantities shown on the site
development plan, an additional grading permit for this project is required. (A precise
grading plan will be required for the final grading proposed by the placement of
development.)
All grading activities shall be planned in units that can be completed by October 1st.
Grading activities shall be limited to the “dry season,” April 1st to October 1st of each
year. Grading activities may be extended to November 15th and beyond upon written
approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1st.
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 Management Plan (SWP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm Water Management 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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a.
b.
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d.
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Water
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- Fire
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...
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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 construction BMPs in perpetuity; and
identify how post-development runoff rates and velocities fiom the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
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 charne(s) prior to issuance of Building Permits.
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.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
Homes constructed on Lots 23, 27, and 28 shall be required to have one-hour fire
resistive construction on those walls and features that abut or encroach into the Fire
Suppression Zones. These lots shall be conditioned in all documents, including
CC&Rs and sales disclosures, to indicate that the construction, erection, or
importation of any combustible structures and the planting of certain trees, shrubs,
and plants is prohibited.
Homes constructed on Lots 27 and 28 shall install an approved automatic fire
sprinkler system (Article 9 of the CA Fire Code).
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Code Reminders
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Approval of this request shall not excuse compliance with all applicabl 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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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 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 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 19th day of May 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
and Whitton
NOES: None
ABSENT: Commissioners Montgomery and Segall
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO~S&IILL&
Planning Director
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