HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6899
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MAJOR REVIEW PERMIT RP 12-13 TO
ALLOW FOR THE DEMOLITION OF ALL EXISTING
STRUCTURES ON SITE AND ALLOW THE CONSTRUCTION
OF A TWO-STORY ATHLETIC FACILITY, PRESS BOX WITH
STADIUM SEATING, MAINTENANCE BUILDING, AND THE
INSTALLATION OF A NEW ARTIFICIAL TURF FIELD, LIGHTS
AND FENCE ON PROPERTY GENERALLY LOCATED AT 2605
CARLSBAD BOULEVARD IN LAND USE DISTRICT 9 OF THE
VILLAGE REVIEW ZONE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: ARMY & NAVY ACADEMY ATHLETIC
FACILITY
CASE NO.: RP 12-13
WHEREAS, Hofman Planning & Engineering, “Applicant,” has filed a verified
application with the City of Carlsbad regarding property owned by the Army and Navy
Academy, “Owner,” described as Assessor Parcel Numbers 213-051-03, 213-053-01, 213-052-
01 and 213-052-02, and more thoroughly described as;
Lots 153-170 and Lots 177-198 inclusive of Grandville Park No.
2 in the City of Carlsbad, County of San Diego, State of
California, according to parcel map 2037, filed in the Office of
the County Recorder June 18, 1927; and
Together with that portion of Cypress Avenue and Del Mar
Avenue lying northeasterly of the northeasterly right of way
line of Coast Highway, also together with that portion of the
unnamed alley adjoining said lots 153-170 inclusive, on the
northeast and lying southerly a line drawn radially from the
northwest corner of lot 178, also together with all that portion
of Sycamore Street, as all were vacated and closed to public use
by order of the Board of Supervisors, filed in the Office of the
County Recorder, April 13, 1933 in Book 207, Page 217 of
official records,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Major Review
Permit as shown on Exhibits “A” – “Y” dated July 3, 2012, on file in the Housing and
PLANNING COMMISSION RESOLUTION NO. 6899
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Neighborhood Services Department, RP 12-13 – ARMY & NAVY ACADEMY ATHLETIC
FACILITY, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 3, 2012 , hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Major Review Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Planning
Commission RECOMMENDS APPROVAL of RP 12-13 – ARMY & NAVY
ACADEMY ATHLETIC FACILITY, based on the following findings and
subject to the following conditions:
Findings:
1. That the project is consistent with the Village Review Zone and the Village Master Plan
and Design Manual in that a private school and accessory facilities (athletic facility) is a
permitted use within District 9 of the Village Review Zone; the project also complies
with the development standards of the Village Master Plan and Design Manual as
discussed in the staff report. Furthermore, the project is consistent with the Village
Master Plan and Design manual in that the proposed project assists in satisfying goals and
objectives set forth for Land Use District 9 through the following actions: it stimulates
property improvements and new development in the Village by providing for new
development and rehabilitation of existing facilities; and it improves the physical
appearance of the Village Area by replacing outdated buildings with aesthetically
pleasing buildings that will be using a Spanish Colonial Revival architectural style along
with attractive landscaping.
2. The City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15332 of the State CEQA
Guidelines as an infill development project. In making this determination, the
Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
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3. 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
the staff report dated July 3, 2012 including, but not limited to the following:
a. The proposed project is consistent with the goals for the Village, as outlined
within the General Plan, because it provides accessory facilities (athletic facility
and maintenance building) in an appropriate location within the Village. This in
turn serves to enhance and maintain the Army/Navy Academy as it is the only
military boarding school in California. The project reinforces the pedestrian-
orientation desired for the downtown area because the school’s proximity to the
Village provides the students and its employees an opportunity to walk to
shopping, recreation, and mass transit functions. With the project being close to
existing bus routes and mass transit, it will help to further the goal of providing
new economic development near transportation corridors. Furthermore, the
Army/Navy Academy assists in encouraging complementary uses in the Village
and adding diversity to the Village population that helps create and/or enhance a
lively and interesting social environment.
b. The existing streets can accommodate the estimated ADTs, and all required
public right-of-way has been, or will be dedicated, and has been, or will be
improved to serve the development. The pedestrian spaces and circulation have
been designed in relationship to the land use and available parking. Public
facilities have been, or will be constructed to serve the proposed project. The
project has been conditioned to develop and implement a program of “best
management practices” for the elimination and reduction of pollutants which
enter into and/or are transported within storm drainage facilities.
c. The proposed project will not have an adverse impact on any open space within
the surrounding area. The project is consistent with the Open Space
requirements for new development within the Village Area and the City’s
Landscape Manual.
4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
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
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.
Specifically,
a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
b. All necessary public improvements have been provided or are required as conditions
of approval.
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5. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
6. 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 degree of the exaction is in rough proportionality to the impact caused by
the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
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 over time, if any 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 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 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 Major Review Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Major Review 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.
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.
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
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.
5. 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
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
or indirectly, from (a) City’s approval and issuance of this Major Review Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
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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 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.
6. Developer shall submit to the Planning Division a reproducible 24” x 36”, mylar copy of
the Major Review Permit reflecting the conditions approved by the final decision
making body.
7. Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
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 the issuance of building permits.
9. This approval is granted subject to the approval of CDP 12-04, and is subject to all
conditions contained in Planning Commission Resolutions No. for those other approvals
incorporated herein by reference.
10. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
11. The Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. The Developer shall construct and install all landscaping
as shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
12. 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
project’s building, improvement, and grading plans.
13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#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
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, 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
approval will not be consistent with the General Plan and shall become void.
14. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Director of Community Development.
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15. Developer shall construct, install, and stripe not less than 63 parking spaces, as shown on
Exhibit I.
16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the City Planner, notifying all interested parties and successors in interest that the City
of Carlsbad has issued a Major Review Permit by Planning Commission Resolution No.
6899 on the real property owned by the Developer. 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 City Planner 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.
17. The developer shall construct trash receptacle and recycling areas as shown on the site
plan (Exhibit “F”) with gates pursuant to the City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
City Planner. Enclosure shall be of similar colors and/or materials of the project and
subject to the satisfaction of the City Planner.
18. No outdoor storage of material shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved
plan.
19. The developer shall submit and obtain City Planner 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.
Engineering:
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 final map,
building or grading permit whichever occurs first.
General
20. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
21. This project is approved upon the express condition that building permits will not be
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 permit
issuance and will continue to be available until time of occupancy.
22. Prior to the approval of a grading or building permit, the developer shall complete
processing of a parcel map, or other method satisfactory to the city engineer, to
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consolidate the existing lots of Granville Park No. 2, per Parcel Map No. 2037, dated
June 1927, as shown on the site plan.
23. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
24. Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall
submit to the city engineer written approval from North County Transit District (NCTD)
demonstrating mass-transit improvement requirements for this project have been
satisfied.
Fees/Agreements
25. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
26. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
27. 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
treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
whichever occurs first for this project.
28. Prior to approval of any grading or building permits for this project, developer shall cause
owner to give written consent to the city engineer for the annexation of the area shown
within the boundaries of the site plan into the existing City of Carlsbad Street Lighting
and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form
provided by the city engineer.
Grading
29. 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
grading plan review fees per the city’s latest fee schedule.
30. 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.
31. This project requires off site grading. No grading for private improvements shall occur
outside the project unless developer obtains, records, and submits a recorded copy, to the
city engineer, a temporary grading, construction or slope easement or agreement from the
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owners of the affected properties. If developer is unable to obtain the temporary grading
or slope easement, or agreement, no grading permit will be issued. In that case developer
must either apply for and obtain an amendment of this approval or modify the plans so
grading will not occur outside the project and apply for and obtain a finding of substantial
conformance and/or consistency determination from both the city engineer and city
planner.
32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
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
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
33. 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.
34. Prior to the issuance of grading permit or building permit, whichever occurs first,
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
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
extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city’s latest fee schedule.
35. This project is subject to ‘Priority Development Project’ requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP),
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
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.
36. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
(LID) facilities.
37. Developer shall submit documentation, subject to city engineer approval, demonstrating
how this project complies with Hydromodification requirements per the city’s SUSMP,
latest version. Documentation shall be included within the Storm Water Management
Plan (SWMP).
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Dedications/Improvements
38. Developer shall design all proposed public improvements including but not limited to
sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters,
curb drains, etc.) as shown on the site plan. These improvements shall be shown on one
of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
Developer shall pay plan check and inspection fees using improvement valuations in
accordance with the city’s current fee schedule. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city right-of-way.
39. Prior to issuance of building permits, developer shall underground all existing overhead
utilities along and within the project boundary.
40. Carlsbad Blvd. shall be dedicated by owner along the project frontage based on a street
center line to right-of-way width of 51-feet and in conformance with City of Carlsbad
Standards.
41. Concurrent with development of this project the developer shall improve the existing
pedestrian cross walk and associated improvements to a Pedestrian Signal or Beacon
as approved by the City Engineer.
Utilities
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
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
43. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
44. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
45. Developer shall install potable water and/or recycled water services and meters at
locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.
46. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
. . .
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47. The developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer
and city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
Fees
48. The developer shall pay a landscape plan check and inspection fee as required by Section
20.080.050 of the Carlsbad Municipal Code.
49. 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
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
50. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only.
General
51. 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 the time of
building permit issuance, except as otherwise specifically provided herein.
52. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
53. Any signs proposed for this development shall at a minimum be designed in conformance
with the approved plans and the sign criteria contained in the Village Master Plan
and Design Manual and shall require review and approval of the City Planner and
issuance of a sign permit prior to installation of such signs.
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