HomeMy WebLinkAbout2004-07-07; Planning Commission; Resolution 56681
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PLANNING COMMISSION RESOLUTION NO. 5668
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN, SDP 02-13, TO
ALLOW A 56 UNIT AFFORDABLE APARTMENT PROJECT
ON PROPERTY GENERALLY LOCATED AT THE SOUTH-
EAST CORNER OF EL CAMINO REAL AND CASSIA ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 10.
CASE NAME: CARLSBAD FAMILY HOUSING
CASE NO.: SDP 02-13
WHEREAS, Carlsbad Family Housing Partners, a California Limited Liability
Partnership, “Developer,” has filed a verified application with the City of Carlsbad regarding
property owned by Anthony and Dicky Bons, “Owner,” described as
A portion of fractional northeast quarter of southwest quarter
of Section 23, Township 12 South, Range 4 West, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “U” dated July 7, 2004, on file in the Planning Department,
CARLSBAD FAMILY HOUSING - SDP 02-13 as provided by Chapter 21.06/Section
21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July 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 RECOMMENDS APPROVAL of CARLSBAD FAMILY
HOUSING - SDP 02-13, based on the following findings and subject to the
following conditions:
Findings:
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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 proposed high density low income apartment project is
consistent with the General Plan and not detrimental to existing uses in the area
because the site is located in proximity to other multiple family projects of similar
density and design, and commercial services and public support systems such as
public transportation, two community parks and commercial shopping centers are
or will be located in proximity to the site; and the proposed site design ensures that
no direct public access off of El Camino Real (prime arterial) is proposed and fire
hazards are avoided thereby ensuring that the use is properly related to the site and
surroundings and no adverse impacts will result from the project. The project
exceeds the density permitted by the RH General Plan designation by 6 units;
however, excess units are available and public facilities are adequate as required by
the General Plan and the low-income project qualifies for excess dwelling units in
accordance with Council Policy 43.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed lot coverage of 27.4% is less than half that permitted by the RD-M
zone, and the project conforms to all zoning and applicable City standards with the
exception of permitted deviations to the El Camino Real Corridor Development
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 all required minimum setbacks are exceeded with the
exception of the El Camino Real Corridor setback from right-of-way and placement
of wall standards, and split face block fencing, landscape screening and enhanced
architecture is provided.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the additional ADT generated by the project
will not reduce road segment or intersection levels of service to below the City’s
threshold level of “D” or better.
The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered Negative Declaration, the environmental
impacts therein identified for this project and any comments thereon prior to
RECOMMENDING ADOPTION of the project; and
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b. the Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EL4 Part I1 and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment
6. 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. 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.
7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8. The Planning Commission hereby finds that all development in Carlsbad benefits fi-om
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
9. 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
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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:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading or building permit, whichever occurs first.
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 Carisbad, 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.
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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 10 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 GPA 02-05, ZC 02-06, and SUP 02-
09, and is subject to all conditions contained in Planning Commission Resolutions No.
5666,5667, and 5669 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 2 years 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.
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, which provide some benefits to wildlife, as documented in the City’s
Habitat Management Plan and the environmental analysis for this project. Developer is
aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of
the Habitat Management Plan and City Council Resolution No. 2000-223 to fund
mitigation for impacts to certain categories of vegetation and animal species. The
Developer is further aware that the City has determined that all projects will be required
to pay the fee in order to be found consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General Plan. The fee becomes effective
following final approval of the Habitat Management Plan. The City is currently updating
the fee study, which is expected to result in an increase in the amount of the fee. If the
Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee. The fee shall be paid prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any an all
approvals for this project shall become null and void.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide and
deed restrict 56 dwelling units as affordable to lower-income households for 55 years, in
accordance with the requirements and process set forth in Chapter 2 1.85 of the Carlsbad
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Municipal Code. The recorded Affordable Housing Agreement shall be binding on all
future owners and successors in interest.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris. Final landscape plans shall provide a
dimensioned fencing plan showing all perimeter masonry block and open iron rail
fencing at a height not to exceed 6 feet.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
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 10, pursuant to Chapter 21.90. All such
taxes/fees 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.
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.
Prior to the issuance of the grading permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Site Development Plan by Resolution No. 5668 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.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be as shown on Exhibit “A.”
Enclosure shall be of similar colors and/or materials to the project to the satisfaction of
the Planning Director.
Developer shall construct, install and stripe not less than 123 standard parking spaces, as
shown on Exhibit “A.”
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21,
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Prior to the issuance of a grading permit, the Developer shall prepare and record a Notice
that this property may be subject to noise impacts from the existing El Camino Real
Transportation Corridor, in a form meeting the approval of the Planning Director and City
Attorney (see Noise Form #1 on file in the Planning Department).
Prior to the issuance of a grading permit, the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating from
McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form #2 on file in the Planning Department).
En pineering:
23. 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 such a
program is formally established by the City.
24. Prior to hauling dirt or construction materials to or from any proposed construction site
within 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.
25. The developer shall provide for sight distance corridors at all street intersections in
accordance with Engineering Standards.
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3."
FeedAmeements
26. The developer shall pay all current fees and deposits required.
27. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
28. 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
29. 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. (The developer must submit and receive
approval for grading plans in accordance with city codes and standards prior to issuance
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of a building permit for the project.)
Prior to the issuance of a grading permi. or building permit, whichever occurs first, the
developer shall submit proof that a Notice of Intention has been submitted to the State
Water Resources Control Board.
No grading for private improvements shall occur outside the limits of the project unless a
grading or slope easement or agreement is obtained from the owners of the affected
properties and recorded. If the developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case the developer must
either amend the site plan or modify the plans so grading will not occur outside the
project site in a manner which substantially conforms to the approved site plan as
determined by the City Engineer and Planning Director.
Dedications/Improvements
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Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as may be required by
the City Engineer.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the site plan. The offer shall be
made prior to the issuance of any building permit for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without cost
to the City. Streets that are already public are not required to be rededicated.
El Camino Real shall be dedicated by the owner along the project frontage based on a
centerline to right-of-way width of 63 feet and in conformance with City of Carlsbad
Standards.
Cassia Road shall be dedicated by the owner along the northern project boundary
based on a centerline to right-of-way width of 30 feet and in conformance with City of
Carlsbad Standards. The total dedication required for Cassia Street is % width plus
12’ for a total width of 42’.
Additional right of way may be required to accommodate the frontage
improvements and offsite transitions to northbound El Camino Real in conformance
with City of Carlsbad Standards.
Some improvements shown on the site development plan and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
title or interest.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities along the project boundary.
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Direct access rights for the project frontage with El Camino Real shall be waived by
separate deed or document prior to building permit issuance.
The developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the "California Storm Water Best Management
Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
such fluids shall not be discharged into any street, public or private, or into
storm drain or storm water conveyance systems. Use and disposal of
pesticides, fungicides, herbicides, insecticides, fertilizers and other such
chemical treatments shall meet Federal, State, County and City
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer shall install, or agree to install and secure with appropriate security as provided
by law, improvements shown on the site plan and the following improvements:
a) Half street improvements to El Camino Real including transitions as
approved by the City Engineer. Improvements to include but not be
limited to grading, landscape, irrigation and drainage, curb, gutter &
sidewalk, Fully improved median, and traffic signals or traffic signal
relocation.
b) Half plus 12' street improvements to Cassia Rd. from El Camino Real
east to the cul de sac of this project including but not limited to grading,
landscape, irrigation and drainage, curb, gutter & sidewalk and
transitions as required.
c) Extension of public utilities to serve adjacent development north of this
project as required. A utility plan to show alternate routes and service
connections can be submitted to resolve future connection and service
issues.
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d) Downstream drainage improvements or maintenance of existing drainage
desiltation / detention basins may be required. Increased runoff from this
project or diversion of runoff shall be designed to not impact existing
facilities beyond the acceptable capacity.
Improvements listed above shall be constructed within 18 months of approval of the
secured improvement agreement or such other time as provided in said agreement.
42. The structural section for the access aisles must be designed with a traffic index of 5.0 in
accordance with City Standards to accommodate truck access through the parking area
and/or aisles. The structural pavement design of the aisle ways shall be submitted
together with required R-value soil test information and approved by the City as part of
the grading plan review.
Code Reminders
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Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
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.
The 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 the Carlsbad Municipal Code and 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
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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 fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of July 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, and Montgomery
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
ATTEST:
MICHAEL J. HO~MILL%R
Planning Director
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