HomeMy WebLinkAbout2006-03-01; Planning Commission; Resolution 60401 PLANNING COMMISSION RESOLUTION NO. 6040
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
4 CONSTRUCTION AND OPERATION OF A COMMUNITY
5 PARK ON A VACANT SITE LOCATED WITHIN THE
VILLAGES OF LA COSTA MASTER PLAN AT THE
6 NORTHWEST CORNER OF POINSETTIA LANE AND
ALICANTE ROAD IN LOCAL FACILITIES MANAGEMENT
7 ZONE 10.
CASE NAME: ALGA NORTE COMMUNITY PARK
8 CASE NO.: CUP 04-08
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WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified
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application with the City of Carlsbad regarding property described as
12 Lot 5 of Carlsbad Tract No. 99-03 - La Costa Greens,
according to Map No. 14543, filed in the Office of the County
13 Recorder of the County of San Diego on February 12, 2003, in
the City of Carlsbad, County of San Diego, State of California
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("the Property"); and
15 WHEREAS, said verified application constitutes a request for a Conditional Use
17 Permit as shown on Exhibits "A" - "AA" dated March 1, 2006, on file in the Planning
18 Department, ALGA NORTE COMMUNITY PARK - CUP 04-08, as provided by Chapter
19 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 1st day of March 2006, hold a
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„ duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the CUP.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES ALGA NORTE COMMUNITY PARK - CUP 04-08, based on
the following findings and subject to the following conditions:
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Findings;
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<- 1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
6 is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that community parks are an allowed use within the Open
7 Space land use designation, the public park provides recreational opportunities for
the surrounding residential uses and assists in meeting the Growth Management
standard for the southeast quadrant, all structures are designed in accordance with
9 seismic safety requirements, and the project provides a safe, adequate and
attractively landscaped parking area.
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2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all of the proposed park features and amenities can fit within the existing site
12 without the need for encroachment into the adjacent natural open space areas or
variances to setback requirements of the Villages of La Costa Master Plan.
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3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
14 adjust the requested use to existing or permitted future uses in the neighborhood will be
. - provided and maintained, in that all required structural and parking lot setbacks are
being met, no retaining walls over six feet in height are proposed, compatible
16 landscaping is provided adjacent to the native open space, landscaping for the
softening of public views of the park buildings and parking area is provided along
17 Alicante Road, and all lighting is shielded and directed downward to avoid spillage
into surrounding areas.
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19 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the site is served by Alicante Road (collector)
20 and Poinsettia Avenue (arterial) and, according to the project-specific traffic report,
dated July 23, 2004, these roadways are designed to adequately accommodate the
21 3,150 average daily trips (ADT) generated by the community park through buildout
22 of the General Plan.
23 5. 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
24 the staff report dated March 1,2006 including, but not limited to the following:
25 The community park would provide recreation facilities for the residents of the
26 Villages of La Costa Master Plan and surrounding area;
27 Public parks are an allowed use within the Open Space designation;
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The proposed parking area meets all internal circulation standards, provides more
2 parking spaces than required, and is landscaped with trees, shrubs, and
groundcover;
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The proposed park acreage assists in meeting the Growth Management
^ performance standard for parks in the Southeast Quadrant;
All new structures must conform to the seismic standards and all other applicable
6 State building standards;
7 The proposed park includes both active and passive recreational opportunities,
including passive water-related areas.8
9 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
10 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
J2 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.
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7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
14 Code Section 14.28.020 and Landscape Manual Section IB).
15 8. 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
17 degree of the exaction is in rough proportionality to the impact caused by the project.
18 Conditions;
19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building permit, whichever occurs first.
21 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
22 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
24 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
25 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 Conditional Use Permit.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
28 internally consistent and in conformity with the final action on the project. Development
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shall occur substantially as shown on the approved Exhibits. Any proposed development
2 different from this approval, shall require an amendment to this approval.
3 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.
r 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
6 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
7 unless the City Council determines that the project without the condition complies with
all requirements of law.o
9 5. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
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6. Prior to the issuance of a building permit, the Developer shall provide proof to the
1 * Director from the School District that this project has satisfied its obligation to provide
, 2 school facilities.
13 7. 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
14 that Plan prior to the issuance of building permits.
8. Building permits will not be issued for this project unless the local agency providing
16 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
17 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.
in 9. This Conditional Use Permit shall be reviewed by the Planning Director annually to
determine if all conditions of this permit have been met and that the use does not have a
20 substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
21 Planning Director shall recommend that the Planning Commission, after providing the
„_ permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
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10. The applicant for any proposed large event within the park, including but not
24 limited to swimming meets and baseball tournaments, shall submit an overflow
parking plan as part of the park reservation application process indicating how any
potential additional parking demand will be met. This plan shall be reviewed and
26 approved by the Recreation Director prior to granting approval of the park usage
for said event.
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Engineering;
2 1 1 . Prior to hauling dirt or construction materials to or from any proposed construction site
3 within this project, Developer or his Contractor shall apply for and obtain approval from
the City Engineer for the proposed haul route.
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12. Developer shall install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall place the following
6 statement on the grading and landscaping plans for this project.
7 Type I
"No structure, fence, wall, tree, shrub, or other object over 30-inches above the street
9 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
10 8.B.3. The underlying property owner shall maintain this condition."
11 Type II
12 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted
13 on the subject property within the Caltrans corner sight distance corridors. No
obstructions shall impede nor conflict with the line-of-sight which is established in
14 accordance with City Standard Public Street Design Criteria, Section 8. B.I. The sight line
is depicted on the Site Plan."
1 5 The limits of these sight distance corridors shall be reflected on any improvement plan,
grading plan, or landscaping plan prepared in association with this development.
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13. 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
i n of work has been submitted to the State Water Resources Control Board.
20 14. 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
21 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 plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
23 x 36" mylar suitable for a permanent record.
24 15. Developer shall construct the following improvements including but not limited to:
Public improvements shown on the Site Plan (Sheets Cl.l, C1.2, and C1.3), paving, base,
signing & striping, sidewalks, curbs and gutters, medians, driveway entrances, grading,
clearing and grubbing, sewer, water, recycled water, fire hydrants, street lights, water
quality treatment devices to City Standards to the satisfaction of the City Engineer.
27 A. Remove interfering portions of existing curb and gutter at proposed
driveway entrances on Alicante Road.
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B. Extend portion of paving, curb, gutter and sidewalk in accordance with City
2 Standards along west side of Alicante Road for the proposed driveway
entrances.
3 C. Extend pipelines for water, sewer and recycled water pipelines from Alicante
Road by removing and replacing interfering portions of the existing
pavement and curb and gutter. All cuts to existing pavement shall be saw cut
neat.
6 16. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
7 (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the Regional Water Quality Control Board, San Diego Region and City of
Carlsbad requirements. The SWPPP shall address measures to reduce to the maximum
9 extent practicable storm water pollutant runoff during construction of the project. At a
minimum, the SWPPP shall:
10 a. include all content as established by the Regional Water Quality Control Board,
San Diego Region requirements;
b. include the receipt of "Notice of Intent" issued by the State Water Resources
Control Board;
c. recommend source control and treatment control Best Management Practices
13 (BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from the storm water to the maximum extent practicable before
14 discharging to City right-of-way or a 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
16 procedures for handling clean up and disposal of pollutants.
17 17. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
1 ° The SWMP shall demonstrate compliance with City of Carlsbad Standard Urban Water
19 Mitigation Plan (SUSMP), Order 2001-01 issued by the Regional Water Quality Control
Board, San Diego Region, and the City of Carlsbad's Municipal Code. The SWMP shall
20 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,
21 the SWMP shall:
a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies
23 that could be impacted by this project;
c. recommend source controls and treatment controls that will be implemented with
24 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 resident education on the proper
procedures for handling clean up and disposal of pollutants;
27 e. ensure long-term maintenance of all post construction BMPs in perpetuity; and
f. identify how post development runoff rates and velocities from the site will not
28 exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
PCRESONO. 6040 -6-
18. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
2 Marshall 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
3 considered public improvements and shall be served by public water mains owned and
operated by the Carlsbad Municipal Water District.
4
- 19. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities owned and operated by the Carlsbad Municipal Water
6 District. Developer shall pay the San Diego County Water Authority capacity charges
prior to issuance of Building Permits.
7
20. The Developer shall prepare a colored recycled water use map and submit this map for
processing and approval by the District Engineer. A copy of the approved exhibit shall
9 accompany the landscape improvement plans and grading plans for reference.
10 21. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. The recycled water shall be obtained from the existing 8-inch diameter pipeline in
11 Alicante Road. Said plans shall be submitted to the District Engineer and the County
, 2 Department of Environmental Heath for review and approval.
13 22. The Developer shall design and install potable water and recycled water facilities,
services and meters at a location approved by the District Engineer. The locations of said
14 facilities shall be reflected on the improvement plans. All facilities including water
meters shall be within public right-of way or a minimum 20-foot wide easement granted
to the Carlsbad Municipal Water District. All easements for water and recycled water
15 facilities shall be shown on the improvement plans and shall indicate easement is granted
to the Carlsbad Municipal Water District.
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23. The Developer shall design and construct public water, sewer, and recycled water
I8 facilities substantially as shown on the Site Plan (Sheets Cl.l, C1.2, and C1.3) to the
jo satisfaction of the District Engineer. Proposed public facilities shall be reflected on public
improvement plans.
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24. This project is approved upon the express condition that building permits will not be
21 issued for the development of the subject property unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
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25. The Developer shall employ adequate measures, approved by the District Engineer
24 of the Vallecitos Water District, to protect in place the existing 24-inch diameter
sewer forcemain and 12-inch diameter recycled water outfall, which are owned and
operated by the Vallecitos Water District. No structures shall be constructed within
2/: the existing easements including light poles, catch basins or storm drain pipes.
Storm drain pipes are allowed to cross the easement provided adequate clearance
27 between existing and proposed pipelines is at least 12-inches clear in the vertical. In
addition, no trees or large bushes shall be planted within the easement. The District
28 Engineer for the Vallecitos Water District shall approve the placement of additional
PC RESO NO. 6040 -7-
fill within the easement, and a letter shall be submitted by the District Engineer to
2 the City Engineer indicating their concurrence on the fill placement.
3 26. The Developer shall employ adequate measures approved by the City Engineer to
protect in place the existing 12-inch diameter PVC sewer forcemain owned and
^ operated by the City of Carlsbad. No structures including catch basins, inlet
r structures, and light poles shall be constructed within the existing easement. No
trees or large bushes shall be planted within the easement. No fills shall be placed
6 within the easement unless written assurance can be provided by a licensed civil
engineer on the adequacy of the sewer forcemain pipe to sustain the earth loading
7 without settlement or remedial measures are submitted and approved by the City
Engineer.8
9 Fire Department:
10 27. All buildings exceeding 10,000 square feet in area shall be equipped with automatic
fire sprinklers.11
12 28. All identified drive and park aisles within the park shall be constructed so as to be
capable of supporting fire apparatus.
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29. All access roads within the park shall be a minimum of 20 feet wide and have an
14 overhead vertical clearance of at least 13.5 feet.
30. All pools to be enclosed by fencing and with occupant loads over 100 people shall
16 include gates equipped with panic hardware.
17 31. All paving areas providing access to the pools shall be designed to adequately
accommodate access for medical aide.18
19 Code Reminders:
20 32. 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
21 permit issuance, except as otherwise specifically provided herein.
22 33. The project shall comply with the latest non-residential disabled access requirements
23 pursuant to Title 24 of the State Building Code.
24 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
^••J
26 35. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall
27 require review and approval of the Planning Director prior to installation of such signs.
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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
"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 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 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 1st day of March 2006 by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Whitton
NOES:
ABSENT: Commissioner Segall
ABSTAIN:
MARTELL B. MONTBOMER^lJfhairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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