HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68291 PLANNING COMMISSION RESOLUTION NO. 6829
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF RESIDENTIAL MOBILE HOME PARK
4 PERMIT AMENDMENT FOR RANCHO CARLSBAD, A 504-
5 UNIT CONDOMINIUM MOBILE HOME PARK, TO EXPAND
THE BOUNDARIES OF THE COMMUNITY TO
6 ACCOMMODATE A RELOCATED RECREATION VEHICLE
STORAGE AND GARDEN AREA ON A 6.73 ACRE
7 PROPERTY GENERALLY LOCATED NORTH OF SUNNY
CREEK ROAD, SOUTH OF CANNON ROAD, EAST OF EL
8 CAMINO REAL AND WEST OF THE FUTURE EXTENSION
9 OF COLLEGE BOULEVARD REACH "A" IN LOCAL
FACILITIES MANAGEMENT ZONE 15.
10 CASE NAME: DOS COLINAS
CASE NO.: RMHP 96-01 CD)
11
12 WHEREAS, West Living R/E, LLC, "Owner/Developer," and Rancho
13 Carlsbad Estates, "Owner," has filed a verified application with the City of Carlsbad regarding
14 property described as
That portion of Lot "B" of Rancho Agua Hedionda in the
16 County of San Diego, State of California, According to Map
thereof No. 823, filed in the Office of the County Recorder of
17 San Diego County, November 16,1896
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Residential
20
Mobile Home Park Amendment as shown on Exhibits "A" - "S" (Minor Subdivision Plans),
21
"A" - "G" (Residential Mobile Home Park Permit Plans), and "A" - "C" (RV Storage
23 Landscape Plans) dated October 19, 2011, on file in the Planning Department DOS COLINAS
24 - RMHP 96-01(D), as provided by the conditions of approval of RMHP 96-01(D) and Chapter
25 21.37 of the Carlsbad Municipal Code; and
26 WHEREAS, the Planning Commission did, on October 19, 2011, hold a duly
27
noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
2
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
3
relating to the RMHP amendment.4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of DOS COLINAS - RMHP 96-01(D) based
on the following findings and subject to the following conditions:
10
Findings:
1- That the Dos Colinas Residential Mobile Home Park Permit Amendment, RMHP 96-
01(D), is consistent with the General Plan and the development standards and design
13 criteria of CMC Chapter 21.37 as discussed in the Section "C" of the staff report.
14 2. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 15 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
15 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
17 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.
18 Specifically,
19 a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
20 collected prior to the issuance of building permit.
b. The Local Facilities Management fee for Zone 15 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
23
3. The Planning Commission of the City of Carlsbad does hereby find:
24
a. it has reviewed, analyzed and considered the Final Environmental Impact Report,
25 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for
this project; the CEQA Findings; and the Mitigation Monitoring and Reporting
Program prior to RECOMMENDING APPROVAL of EIR 09-01;
27
b. the Final Environmental Impact Report, the CEQA Findings, and the Program
have been prepared in accordance with requirements of the California Environmental
PC RESO NO. 6829 -2-
Quality Act, the State EIR Guidelines and the Environmental Review Procedures of
2 the City of Carlsbad;
3 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
environment.
4. 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
9 degree of the exaction is in rough proportionality to the impact caused by the project.
10 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of the
12 grading permit or recordation of a final map, whichever occurs first.
13 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
1 _ 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
15 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
17 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 Residential Mobile Home Park
Permit Amendment.
19 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
20 and modifications to the Residential Mobile Home Park Permit Amendment
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
22 approved Exhibits. Any proposed development, different from this approval, shall
require an amendment to this approval.
23
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
24 regulations in effect at the time of building permit issuance.
25 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
challenged, this approval shall be suspended as provided in Government Code Section
27 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.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 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 Residential Mobile Home
Park Permit Amendment, (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
6 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
7 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated,o
9 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
10
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
12 format.
13 8. This approval is granted for RMHP 96-01(D) as shown on Exhibits "A" - "S" (Minor
Subdivision Plans), "A" - "G" (Residential Mobile Home Park Permit Plans), and
14 "A" - "C" (RV Storage Landscape Plans) dated October 19, 2011, on file in the
.<- Planning Department and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
16
9. This project shall comply with all conditions and mitigation measures which are required
17 as part of the Zone 15 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
1 o
19 10. This approval is granted subject to the certification, adoption, and approval of the
Environmental Impact Report (EIR 09-01), Mitigation Monitoring and Reporting
20 Program, GPA 09-02, ZC 09-02, LFMP 15(E), HMP 09-02, and SUP 09-02 and is
subject to all conditions contained in Planning Commission Resolutions No. 6825, 6826,
6827, 6828, 6833 and 6834 for those other approvals incorporated herein by reference
22 and the approval letter for MS 09-04 signed by the City of Carlsbad City Engineer.
23 11. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09-
01 Mitigation Monitoring and Reporting Program.
24
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
26 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
27 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map (MS 09-04).28
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13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
2 #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
3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
5 approval will not be consistent with the General Plan and shall become void.
6 14. The RV storage and garden area shall be installed prior to the beginning of the
construction of Detention Basin "BJ" pursuant to Exhibits "A" - "S" (Minor
7 Subdivision Plans), "A" - "G" (Residential Mobile Home Park Permit Plans), and
"A" - "C" (RV Storage Landscape Plans) dated October 19, 2011. The
improvements shall be completed to the satisfaction of the Planning Director and
9 the City Engineer.
10 15. The RV storage area shall meet the following criteria:
a. The RV storage area shall not be utilized as a sales yard or as storage for a
sales yard. An occasional sale by an individual may be permitted;
12 b. The maintenance, restoration and/or repair of any vehicle shall not be
permitted within the recreational vehicle storage area;
13 c. No uncovered chemicals shall be stored on-site;
d. The utilization of a stored vehicle as a living unit shall not be permitted;
14 e. The recreational vehicle storage area shall be surfaced with two inches of
asphalt on four inches of base, or with an alternative acceptable to the city
engineer; and
15 f. The RV storage area, including the pavement, landscaping, and the walls shall
be maintained in perpetuity.
17
16. Prior to the issuance of grading permits for the precise grading plan (Phase 2 of MS
18 09-04) for development of RV Storage/Garden lot (Parcel 2 of MS 09-04) presented
19 on Exhibits "A" - "S" (Minor Subdivision Plans), "A" - "G" (Residential Mobile
Home Park Permit Plans), and "A" - "C" (RV Storage Landscape Plans) dated
20 October 19, 2011, the Developer shall cause Rancho Carlsbad to revise the existing
covenants, conditions and restrictions (CC&Rs) to address the required long-term
maintenance of the RV storage and garden lot, including the landscaping and
masonry screen walls. In addition, the CC&Rs shall include the provisions listed in
Condition No. 15 above. Said CC&Rs shall be to the satisfaction of the Planning
23 Division. Prior to issuance of the grading permit for the precise grading plan (Phase
2 of MS 09-04), the applicant shall provide the Planning Division with a recorded
24 copy of the official amended CC&Rs that have been approved by the Planning
Director.25
17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
27 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
28
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18. Prior to the recordation of Phase 1 of the Final Map, Developer shall submit to the City
2 a Notice of Restriction executed by the owner of the real property to be developed. Said
notice is to be filed in the office of the County Recorder, subject to the satisfaction of the
3 Planning Director, notifying all interested parties and successors in interest that the City
of Carlsbad has issued a(n) Residential Mobile Home Park Permit Amendment by
Resolution No. 6829 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.
19. Developer shall submit and obtain Planning Director approval of a Final Landscape and
9 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
10 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.11
20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
13 project's building, improvement, and grading plans.
21. This project (Phase 1 of Final Parcel Map, MS 09-04) has been found to result in
impacts to wildlife habitat or other lands, such as agricultural land and disturbed habitat,
which provide some benefits to wildlife, as documented in the City's Habitat
15 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
17 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. Developer or Developer's successor(s) in
20 interest shall pay the fee prior to recordation of a final map, or issuance of a grading
permit or building permit, whichever occurs first. The applicant shall pay habitat in-
lieu mitigation fees for Phase 1 of MS 09-04, consistent with the City's Habitat
~~ Management Plan (HMP), the biological study (Merkel & Associates, Addendum
dated July 26, 2011) and the MMRP, for impacts to 7.0 acres of Extensive
23 Agriculture (HMP Habitat Group F) and 0.6 acres of Disturbed Land (HMP
Habitat Group F). The fees shall be remitted prior to recordation of Phase 1 of the
24 Final Map. 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 and all
approvals for this project shall become null and void.
26
Engineering
27 Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a grading
28 permit.
PC RESO NO. 6829 -6-
General
2
22. Prior to hauling dirt or construction materials to or from any proposed construction site
3 within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.4
23. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body. The
reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by
the city's project engineer and project planner prior to submittal of the building plans,
improvement plans, grading plans, or final map, whichever occurs first.
o Fees/Agreements
9
24. Developer shall cause property owner to execute and submit to the city engineer for
10 recordation the city's standard form Drainage Hold Harmless Agreement.
25. Developer shall cause property owner to process, execute and submit an executed copy to
the city engineer for recordation a city standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
13 treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit.
14
26. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Street Tree Maintenance Agreement.
16
Grading
17
27. In accordance with EIR No. 98-02 SCH No. 99111082, this project provides for the
RV/garden replacement site for the Rancho Carlsbad Mobile Home Park. On the grading
plan or other approved construction plan, Developer shall include the demolition and
removal of the existing RV/garden site subject to approval of the city engineer and city
20 planner.
21 28. 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. Developer shall prepare and submit
plans and technical studies/reports, for city engineer review, and shall pay all applicable
23 grading plan review fees per the city's latest fee schedule.
24 29. Developer shall apply for and obtain a grading permit from the city engineer. Developer
shall pay all applicable grading permit fees per the city's latest fee schedule and shall post
security per city code requirements.
26 30. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
27 implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
PC RESO NO. 6829 -7-
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
2 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
3
31. Prior to the issuance of a grading permit, developer shall submit to the city engineer
receipt of a Notice of Intent from the State Water Resources Control Board.
32. Prior to the issuance of grading permit or building permit, whichever occurs first,
6 developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
7 provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
to reduce storm water pollutant runoff during construction of the project to the maximum
9 extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city's latest fee schedule.
10
33. This project is subject to 'Priority Development Project' requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
12 approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city's Standard Urban Storm Water Management Plan (SUSMP),
13 latest version. In addition to new treatment control BMP selection criteria in the
SUSMP, the developer shall use low impact development (site design) approaches to
14 ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
plan review and inspection fees per the city's latest fee schedule.
16
34. Developer is responsible to ensure that all final design plans (grading plans, improvement
17 plans, landscape plans, building plans, etc.) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
* ° (LID) facilities all subject to approval by the city engineer.
19 35. Developer shall submit documentation, subject to city engineer approval, demonstrating
20 how this project complies with Hydromodification requirements per the city's SUSMP,
latest version. Documentation shall be included within the Storm Water Management
21 Plan (SWMP).
22 Dedications/Improvements
23 36. Developer shall cause owner to dedicate easements to the city and/or other appropriate
24 entities for public sewer, drainage and inundation purposes as shown on MS 09-04
and for public pedestrian access purposes as shown on the site plan. The offer shall be
made by separate recorded documents. All land so offered shall be free and clear of all
26 liens and encumbrances and without cost to the city. Streets that are already public are not
required to be rededicated. Additional easements may be required at final design to the
27 satisfaction of the city engineer.
28
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37. Developer shall design the private drainage systems, as shown on the site plan to the
2 satisfaction of the city engineer. All private drainage systems (12" diameter storm drain
and larger) shall be inspected by the city. Developer shall pay the standard improvement
3 plan check and inspection fees for private drainage systems.
38. Developer shall prepare and process public improvement plans and, prior to city engineer
c approval of said plans, shall execute a city standard development Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
6 for public improvements shown on the site plan. Said improvements shall be installed to
city standards to the satisfaction of the city engineer. These improvements include, but
7 are not limited to:
c
A. Complete half-street improvements for College Boulevard, to major arterial
9 standards, along the project frontage per City Standards. Complete half-street
improvements include a 32-foot paved half-street width consisting of two 12-foot
10 lanes and an 8-foot bike lane, curb, gutter, street lights, fire hydrants, median
hardscape, median landscaping, parkway landscaping and parkway irrigation
as shown on the Site Plan.
12 Developer shall pay the standard improvement plan check and inspection fees.
13 Improvements listed above shall be constructed within 36 months of approval of the
subdivision or development improvement agreement or such other time as provided in
14 said agreement.
39. Developer shall cause owner to waive direct access rights by separate document for all
15 lots abutting College Boulevard.
17 40. Prior to issuance of building permits, developer shall underground all existing overhead
utilities along the project boundary with College Boulevard.18
jg 41. Developer shall design, and obtain approval from the city engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with city standards due to
20 truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
completion of grading, the final structural pavement design of the aisle ways shall be
21 submitted together with required R-value soil test information subject to the review and
97 approval of the city engineer.
23 Utilities
24 42. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
25 hydrants, unless otherwise approved by the Fire Marshal, shall be considered public
„, improvements and shall be served by public water mains to the satisfaction of the district
engineer.
27
43. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
28 for connection to public facilities.
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44. The developer shall design landscape and irrigation plans utilizing recycled water as a
2 source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the district engineer.
3
4 NOTICE
5 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
6 "fees/exactions."
7
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
g 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
9 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
12 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
13 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
14 expired.
15 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
16
Commission of the City of Carlsbad, California, held on October 19, 2011 by the following vote,
17
to wit:18
AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, Scully and Siekmann
20
NOES:
21
22 ABSENT:
23 D /^STAIN:
24
26
27
STEPHEN "HAP" L'HEUREUX, Chairperson
25 CARLSBAD PLANNING COMMISSION
28 DON NEU
Planning Director
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