HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68321 PLANNING COMMISSION RESOLUTION NO. 6832
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO ALLOW FOR THE
4 GRADING AND DEVELOPMENT OF A 46-ACRE SITE WITH
A 305-UNIT CONTINUING CARE RETIREMENT
COMMUNITY AND RECREATIONAL VEHICLE STORAGE
6 AND GARDEN LOT ON PROPERTY GENERALLY LOCATED
NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON
7 ROAD, EAST OF EL CAMINO REAL, AND WEST OF THE
FUTURE EXTENSION OF COLLEGE BOULEVARD REACH
8 "A" IN LOCAL FACILITIES MANAGEMENT ZONE 15.
9 CASE NAME: DOS COLINAS
CASE NO: HDP 09-02
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WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified
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application with the City of Carlsbad regarding property described as
13 That portion of Lot "B" of Rancho Agua Hedionda in the
County of San Diego, State of California, According to Map
14 thereof No. 823, filed in the Office of the County Recorder of
San Diego County, November 16,1896
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Hillside
18 Development Permit as shown on Exhibits "A" - "J" (Hillside Development Permit) dated
19 October 19, 2011, on file in the Carlsbad Planning Department, DOS COLINAS - HDP 09-02,
20 as provided by Chapter 21.95 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on October 19 , 2011, consider said
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request; and
24 WHEREAS, at said hearing, upon hearing and considering all testimony and
25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2" relating to the Hillside Development Permit.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:
A) That the foregoing recitations are true and correct.
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2 B) That based on the evidence presented at the public hearing, the Commission
APPROVES DOS COLINAS - HDP 09-02, based on the following findings
3 and subject to the following conditions:
Findings:
1. That hillside conditions have been properly identified on the constraints map which show
6 existing and proposed conditions and slope percentages;
7 2. That undevelopable areas of the project, i.e., natural slopes over 40%, have been properly
identified on the constraints map. The natural slopes exceeding a 40% gradient
located within the Dos Colinas project area are isolated locations, less than 10,000
square feet in area, and do not compromise a prominent landform feature;
therefore, the areas are developable.
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3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the proposed project would create
manufactured slopes at varied gradients (i.e., 2:1, 3:1, 5:1 and 6:1), up to 30 feet in
height and 200 feet in length. The manufactured slopes would be contoured to
13 blend in with the surrounding area and would be landscaped consistent with the
City's Landscape Manual to appear natural and aesthetically pleasing. Sensitive
14 upland habitat areas have been protected through the designation of an open space
lot and long-term preservation via a biological conservation easement. In addition,
^ the architecture around the eastern perimeter of the project site is proposed to be
is low profile in nature since the cottages are all one-story. Further, each of the
cottages is adequately setback from the top of the slope to ensure compliance with
17 the required slope edge building setbacks pursuant to CMC Section 21.95.120(1).
While the development of the proposed CCRC site does not involve the creation of
slopes above 40 feet in height, the proposed project includes 8,567 cubic yards of
grading per acre, which is typically considered "potentially acceptable." Due to the
unique nature of the topography on-site, which includes two large hills located in
20 the central and eastern portions of the project site, as well as the fact a flat building
pad/topographically level area is necessary to accommodate the proposed senior
21 professional care facility use, the grading can be justified.
22 4. That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that the project has been designed to avoid the majority of the steep slope areas
24 that exceed a gradient of 40%. The isolated pockets of steep slope areas exceeding
40% that are proposed for grading are considered "developable" since the slopes
25 amount to less than 10,000 square feet and do not comprise a prominent land form
feature.26
27 5. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the project has been designed to
28 locate the lower profile uses (i.e. single-story cottages) along the perimeter of the
development where the manufactured slopes are proposed and the higher profile
development (i.e. three story independent living unit buildings) is located a
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significant distance from the street frontage. In addition, the manufactured slopes
2 will have varying gradients, will be contoured, and will be landscaped pursuant to
the City's Landscape Manual, all of which have a combined effect of softening the
3 appearance of the graded slopes.
That the project design and lot configuration minimizes disturbance of hillside lands, in
<- that the lower profile development is located on the periphery of the project,
sensitive native upland habitat is proposed for preservation on the open space lot,
6 and the setting with respect to grading has been established due to the anticipated
construction of College Boulevard Reach "A," a major arterial road extension.
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7. The Planning Commission of the City of Carlsbad does hereby find:
9 a. it has reviewed, analyzed and considered the Final Environmental Impact Report,
10 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for
this project; the CEQA Findings; and the Mitigation Monitoring and Reporting
11 Program prior to RECOMMENDING APPROVAL of EIR 09-01;
19 b. the Final Environmental Impact Report, the CEQA Findings, and the Program
i o have been prepared in accordance with requirements of the California Environmental
Quality Act, the State EIR Guidelines and the Environmental Review Procedures of
14 the City of Carlsbad;
15 c. they reflect the independent judgment of the Planning Commission of the City of
, Carlsbad; and16
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
18 environment.
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
21 degree of the exaction is in rough proportionality to the impact caused by the project.
22 Conditions:
ooJ Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
24 grading permit or recordation of a final map, whichever occurs first.
25 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
26 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; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
PC RESO NO. 6832 -3-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Hillside Development Permit.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside Development Permit 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.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
o 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
10 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.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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 Hillside Development
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,
17 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
18 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
2Q 6. This approval is granted subject to the certification, adoption, and approval of the
Environmental Impact Report EIR 09-01, Mitigation Monitoring and Reporting
21 Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(D), SDP 09-02, CUP
09-02, HMP 09-02, and SUP 09-02 and is subject to all conditions contained in Planning
22 Commission Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6833 and 6834
for those other approvals incorporated herein by reference and the approval letter for
MS 09-04 signed by the City of Carlsbad City Engineer.
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7. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09-
25 01 Mitigation Monitoring and Reporting Program.
2" 8. Prior to the issuance of the building permit, Developer shall submit to the City 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 Planning
28 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued an Environmental Impact Report, General Plan Amendment,
Zone Change, Local Facilities Management Plan Amendment, Residential Mobile
PC RESO NO. 6832 -4-
6834 on the property. Said Notice of Restriction shall note the property description,
2 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.
3 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.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 15 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits or as more specifically defined
7 pursuant to LFMP 15(E).
o 10. This approval shall become null and void if building permits are not issued for this
p project within eight (8) years of project approval.
10 Code Reminders:
11 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
11. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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12. Approval of this request shall not excuse compliance with all applicable sections of the
15 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.16
17 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
, Q dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
21 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
23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
25 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
27 a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on October 19, 2011, by the following
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vote, to wit:
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5 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, Scully and Siekmann
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NOES:8
9 ABSENT:
10 ABSTAIN:
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14 STEPHEN^'HAV" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
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16 ATTEST:
SIX,17
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DON NEU
Planning Director
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