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HomeMy WebLinkAbout2006-07-19; Planning Commission; Resolution 61311 PLANNING COMMISSION RESOLUTION NO. 6131 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT CUP 05-03 TO ALLOW FOR 4 THE CONSTRUCTION OF A COMMON RECREATIONAL s VEHICLE STORAGE AREA WITHIN NEIGHBORHOOD 1.3 OF THE GREENS IN THE VILLAGES OF LA COSTA MASTER 6 PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF CAMINO VIDA ROBLE AND EAST OF EL CAMINO REAL IN 7 LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: VLC GREENS RV STORAGE SITE 8 CASE NO.: CUP 05-03 9 WHEREAS, Morrow Development, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property owned by Real Estate Collateral Management j2 Company, "Owner," described as 13 A portion of Lot 3 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad, County of San Diego, State of 14 California, according to Map No. 14543, filed in the Office of j 5 the County Recorder of San Diego County, February 12,2003 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 18 Permit as shown on Exhibits "A" - "H" dated July 19, 2006, on file in the Planning 19 Department, VLC GREENS RV STORAGE SITE - CUP 05-03, as provided by Chapter 21.42 20 and/or 21.50 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 19th day of July 2006, hold a 23 duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the CUP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES - VLC GREENS RV STORAGE SITE - CUP 05-03, based on the following findings and subject to the following conditions: 4 c Findings; 6 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 7 is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the Recreational Vehicle (RV) storage area will satisfy the RV storage standard of the Greens Village within the Villages of La Costa 9 Master Plan and the Planned Development Ordinance that requires 20 square feet of RV storage for each Planned Unit Development lot or unit. 10 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the RV storage site is proposed to be relocated from Neighborhood 1.2 to 1.3 in 12 order to provide an RV storage area of adequate size and shape to accommodate the required 13,440 square feet of storage area and associated landscaping and screen 13 walls. 14 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to 1 _ adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project has been designed with an 8-foot-high 15 solid masonry screen wall that will provide security for the site, and berming and landscaping has been included with the proposal that will ensure the site will be 17 adequately screened from the public right-of-way. I O 4. That the street system serving the proposed use is adequate to properly handle all traffic 19 generated by the proposed use, in that the project will provide a 30-foot-wide private driveway for future access to residential uses within Neighborhood 1.3 and future 20 community facility uses on the southern portion of Neighborhood 1.2, and that the driveway has been designed and constructed to accommodate all of the anticipated 21 traffic generated by these Village of La Costa Master Plan uses. 22 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 23 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 24 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 25 project will be installed to serve new development prior to or concurrent with need. 27 6. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them 2° created by this project and in compliance with adopted City standards, in that the project PCRESONO. 6131 -2- is being proposed and will be implemented consistent with the requirements of the 2 Villages of La Costa Master Plan and Zone 10 Local Facilities Management Plan. 3 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB).4 5 8. The Planning Director has determined that: 6 a. The project is a subsequent activity of the Villages of La Costa Master Plan for which a program EIR was prepared, and a notice for the activity has been given, 7 which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for 8 the purposes of CEQA [15168(c)(2) and (e)]. 9 b. This project is consistent with the Master Plan cited above. 10 c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection with the prior plan. 12 d. The project has no new significant environmental effect not analyzed as 13 significant in the prior EIR. 14 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR 1 - under CEQA Guidelines Sections 15162 or 15163 exist. 16 f. All feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR 98-07, which are appropriate to this 17 Subsequent Project, have been incorporated into this Subsequent Project. 18 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 19 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 20 degree of the exaction is in rough proportionality to the impact caused by the project 21 Conditions; 22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 23 a Parcel Map or issuance of a grading permit, whichever occurs first. 24 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 25 implemented and maintained according to their terms, the City shall have the right to 2^ 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 27 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 28 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. PCRESONO. 6131 -3- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 3 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval.4 c 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 1 * harmless the City of Carlsbad, its Council members, officers, employees, agents, and , 2 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 13 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 14 nondiscretionary, 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 16 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 17 approval is not validated. 1R 6. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of J9 the Site Plan reflecting the conditions approved by the final decision-making body. 20 7. 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 2 1 obligation to provide school facilities. 22 8. This project shall comply with all conditions and mitigation measures which are required 23 as part of the Zone 10 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 24 9. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final 26 Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010. 27 10. This approval is granted subject to the approval of MP 98-01(F), PUD 06-01, and SUP 05-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6130, 6132, and 6133 for those other approvals and subject to the City PCRESONO. 6131 -4- Engineer's approval of Minor Subdivision MS 05-05 and all conditions in that 2 approval. 3 11. Prior to the recordation of the Parcel Map for MS 05-05, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the 4 satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit, Planned Development Permit, and Special Use Permit by Resolutions No. 6131, 6132, and 5 6133 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 7 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. 10 12. 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. 13 13. This Conditional Use Permit shall be reviewed by the Planning Director annually to 14 determine if all conditions of this permit have been met and that the use does not have a 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 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 17 substantial negative effects. 14. This permit may be revoked at any time after a public hearing, if it is found that the use . „ has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 20 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and 21 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 23 condition, free from weeds, trash, and debris. 24 16. 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 25 project's building, improvement, and grading plans. 17. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis 27 to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If 28 the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the PCRESONO. 6131 -5- permittee the opportunity to be heard, add additional conditions to reduce or eliminate the 2 substantial negative effects. 3 18. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 19. Developer shall report, in writing, to the Planning Director within 30 days, any address 6 change from that which is shown on the permit application. 7 20. The drive aisle shall remain in the location as shown on the site plan and the west side of the RV storage area shall be limited to storage of small recreational vehicles which are low-profile and/or less than 24 feet in length. 9 Code Reminders 10 21. 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 ,2 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 13 22. Developer shall pay a landscape plancheck and inspection fee as required by Section 14 20.08.050 of the Carlsbad Municipal Code. 23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 16 Code Section 18.04.320. 17 24. 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. 19 25. The project shall comply with the latest non-residential disabled access requirements 20 pursuant to Title 24 of the State Building Code. 26. 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. 23" 24 25 26 27 28 PCRESONO. 6131 -6- 1 NOTICE 2 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 A "fees/exactions." 5 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. 9 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 11 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on the 19th day of July 2006, by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 18 NOES: 19 ABSENT: 20 21 ABSTAIN: 22 23 n MARTELL B. MONfGOMERMhairperson 24 CARLSBAD PLANNING COMMISSION 25 26 27 2g DONNEU Assistant Planning Director PCRESONO. 6131 -7-