HomeMy WebLinkAbout2007-04-18; Planning Commission; Resolution 62801 PLANNING COMMISSION RESOLUTION NO. 6280
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SCENIC CORRIDOR SPECIAL USE
4 PERMIT TO WIDEN AND IMPROVE AN APPROXIMATELY
, 280-FOOT LENGTH OF EL CAMINO REAL BEGINNING
JUST NORTHWEST OF COUGAR DRIVE IN LOCAL
6 FACILITIES MANAGEMENT ZONE 15.
CASE NAME: WIDENING OF EL CAMINO REAL
7 CASE NO.: SUP 06-15
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WHEREAS, City of Carlsbad, "Developer," has filed a verified application with
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the City of Carlsbad regarding property owned by City of Carlsbad, Terraces at Sunny Creek,
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and Mabel L. Barber Trustee/Barber Trust 04-06-90, "Owners," described as11
12 A portion of lot "B" of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
13 to map thereof No. 823, filed in the office of the County
Recorder of said San Diego County, November 16 1896; and , a
14 portion of lot 70 of Carlsbad Tract No. 96-02 (The Terraces at
. Sunny Creek), in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 14060, filed
16 in the office of the County Recorder of said San Diego County,
October 27,2000
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("the Property"); and18
jg WHEREAS, said verified application constitutes a request for a Scenic Corridor
20 Special Use Permit as shown on Exhibits "A" - "I" dated April 18, 2007, on file in the
21 Planning Department, WIDENING OF EL CAMINO REAL - SUP 06-15, as provided by
22 Chapter 21.40 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on the 18th day of April, 2007 hold a
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duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2** relating to the Scenic Corridor Special Use Permit.
1 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.
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c B) That based on the evidence presented at the public hearing, the Commission
APPROVES WIDENING OF EL CAMINO REAL - SUP 06-15, based on the
6 following findings and subject to the following conditions:
7 Findings;
8 1. The proposed project conforms to the intent and development standards of the El Camino
9 Real Corridor Development Standards in that the project complies with the grading
and landscaping design guidelines of the Development Standards. Also, the project
10 will enhance the streetscape in the area by grading a steep, unmaintained, and
eroding slope into a gentler, landscaped slope and incorporating plant species found
in the adjacent landscape parkway to maintain continuity.
12 2. The proposed project implements the goals and objectives of the General Plan in that it
13 will enhance roadway scenic quality, comply with the El Camino Real Corridor
Development Standards, link two existing sidewalks to improve alternative means of
14 transportation, improve vehicle traffic flow, and will complete a street segment
1, consistent with General Plan standards for prime arterials.
16 3. The project is consistent with the City's Landscape Manual (Carlsbad Municipal Code
Section 14.28.020 and Landscape Manual Section I B) and the landscape provisions of
17 the El Camino Real Corridor Development Standards in that the project landscape
plan incorporates tree species specified by both documents.18
19 4. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
20 implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
21 continuing to allow compatible development in accordance with Carlsbad's Growth
22 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
23 the realization of the social, economic, aesthetic, and environmental benefits from the
preservation of open space within an increasingly urban environment. The requirement
24 for city projects to mitigate certain impacts at the Lake Calavera Mitigation Bank in
accord with the Habitat Management Plan fulfills the purpose of the Habitat
Management Plan and objectives of the General Plan by building an open space
26 preserve system through tbe combining of small mitigation requirements into a
larger, contiguous area.
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5. The Planning Commission has reviewed each of the exactions imposed on the Developer
28 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
2 degree of the exaction is in rough proportionality to the impact caused by the project.
3 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of the
r Notice to Proceed or commencement of construction, whichever first occurs.
6 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
9 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
10 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 Special Use Permit.
2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
13 . internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development,
14 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 issuance of the Notice to Proceed or commencement
of construction, whichever first occurs.
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4. If any condition for construction of any public improvements or facilities, or the payment
of any fees jn-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
20 unless the City Council determines that the project without the condition complies with
all requirements of law.
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. 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
23 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
24 or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's
approval or issuance of any permit or action, whether discretionary or 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 facility of electromagnetic fields or other
27 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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6. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of
2 the roadway improvement plan, profile and detail and the planting plan reflecting
the conditions approved by the final decision-making body.
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7. This approval shall become null and void if the Notice to Proceed is not issued or
commencement of construction does not occur for this project within 18 months from
5 the date of project approval.
6 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
' Plan prior to issuance of the Notice to Proceed or commencement of construction,
whichever first occurs.
9 9. Developer shall implement, or cause the implementation of, the Widening of El Camino
Real - SUP 06-15 Project Mitigation Monitoring and Reporting Program.
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10. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
12 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
13 condition, free from weeds, trash, and debris.
* 11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
* c landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
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12. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, 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 consistent with Table 11 of the
19 Habitat Management Plan, mitigation for impacts by city projects to certain
categories of vegetation and animal species is accomplished at the Lake Calavera
20 Mitigation Bank. The Developer is further aware that the City has determined that
city projects will be required to mitigate these impacts at the Lake Calavera
Mitigation Bank in order to be found consistent with the Habitat Management Plan
22 and the Open Space and Conservation Element of the General Plan. The mitigation
shall occur prior to commencement of construction or issuance of a Notice to
23 Proceed, grading permit or building permit, whichever is applicable and occurs first
and as required by the Planning Director. If the mitigation for this project has not
24 occurred, this project will not be consistent with the Habitat Management Plan and the
General Plan and any and all approvals for this project shall become null and void.
26 Engineering
27 13. Prior to the issuance of Notice to Proceed, the City shall have all deeds necessary for the
project recorded at the County of San Diego Recorders office. The deeds include:28
PC RESO NO. 6280 -4-
a. Grand deeds of easement for slope and drainage purposes from parcels 209-111-
2 24 and 209-060-57
3 b. t Grand deed of easement for public street and public utility purposes from parcel
209-060-57
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c. Grant deeds of easement for construction purposes from parcels 209-111-24 and
5 209-060-57
6 14. Prior to the commencement of construction, the City will approve a Water Pollution
Control Plan (WPCP) prepared by the contractor as detailed in the project contract
provisions. The WPCP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements.
15. Prior to the issuance of Notice to Proceed, the City will have on file a "Storm Water
10 Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of
Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued
11 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-
13 construction stage of the project. At a minimum, 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
that could be impacted by this project.
c. Recommend source controls and treatment controls that will be implemented with
17 this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging offsite;
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d. Establish specific procedures for handling spills and routine cleanup. Special
19 considerations and effort shall be applied to employee education on the proper
procedures for handling cleanup and disposal of pollutants.
e. Ensure long-term maintenance of all post-construction Best Management
21 Practices (BMPs) in perpetuity.
22 f. Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
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1 NOTICE
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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
4 "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
6 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
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 18th day of April, 2007 by the
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following vote, to wit:
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AYES: Chairperson Baker, Commissioners Dominguez, Douglas, Segall
andWhitton
18 NOES:
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ABSENT: Commissioners Cardosa and Montgomery
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21 , ^ABSTAIN:
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23 JULIE HAKEk Chairperson
CARLSBAD-PXANNING COMMISSION24
25 ATTEST:
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DONNEU
Planning Director
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