HomeMy WebLinkAbout2016-03-16; Planning Commission; Resolution 7151
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN SDP
15-17 TO CONSTRUCT 5 BUILDINGS WITH 64 APARTMENTS IN PLANNING
AREA R-1 OF THE QUARRY CREEK MASTER PLAN ON PROPERTY
GENERALLY LOCATED SOUTH OF HAYMAR DRIVE WEST OF COLLEGE
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 25.
CASE NAME: QUARRY CREEK PA R-1
CASE NO.: SDP 15-17
WHEREAS, Chelsea Investment Corporation, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Presidio Cornerstone QC, LLC, “Owner,” described
as
Lots 1 and 2 of Carlsbad Tract CT 11-04, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof No. 16038,
filled in the Office of the County Recorder of said county, July 10, 2015
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan as
shown on Exhibits “A” – “Z” dated March 16, 2016, on file in the Planning Division, SDP 15-17 – QUARRY
CREEK PA R-1 as provided by Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on March 16, 2016 , 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 Site Development Plan.
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
APPROVES SDP 15-17 – QUARRY CREEK PA R-1 based on the following findings and
subject to the following conditions:
. . .
. . .
PLANNING COMMISSION RESOLUTION NO. 7151
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Findings:
Site Development Plan
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Section 21.53 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the property is
Planning Area R-1 of the Quarry Creek Master Plan which was reviewed and adopted by the City
of Carlsbad and found to be consistent with the goals and policies of the General Plan and that
PA R-1 is designated in the Quarry Creek Master Plan as the location to provide all of the
Inclusionary Housing needs of the Quarry Creek Master Plan.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the development site has been fully disturbed and graded according to a previously approved
grading permit and that development of the property and the proposed intensity of
development is limited to the boundaries established by the Quarry Creek Master Plan.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that all required building setbacks, pedestrian and vehicular access ways, landscape
and recreation areas are provided.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that there are no special features necessary
to adjust the project for compatibility with existing or permitted future development or use in
the neighborhood.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that a master development assessment was
conducted with the adoption of the Quarry Creek Master Plan and a circulation system was
established and conditioned to be provided concurrent with build-out of the Quarry Creek
Master Plan that would accommodate the circulation demands created by the build-out of the
Quarry Creek Master Plan.
6. That the site is adjacent to retail services, transit facilities, passive open space areas and a future
community facility site (P-2) within the Quarry Creek Master Plan development and sufficient
data has been provided by the applicant that the project as a housing development for lower
income families and individuals will have a parking demand that is less than housing for median
and above income families and individuals. It has also been shown to the city’s satisfaction that
the cost of constructing carports or garages for the development will have a negative impact on
the developer’s ability to provide subsidized housing for lower income families and individuals.
Therefore standards modifications to allow a reduced number of onsite parking spaces and to
allow all onsite parking to be uncovered is appropriate.
. . .
. . .
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General
7. The City Planner has determined that:
a. the project is a subsequent activity of a project for which a program EIR was prepared,
and a notice for the activity has been given, 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 the purposes of CEQA) [15168(c)(2) and (e)] and/or
b. this project is consistent with the plan cited above;
c. EIR 11-02 was certified in connection with the prior plan;
d. the project has no new significant environmental effect not analyzed as significant in the
prior EIR;
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist.
8. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan and Quarry Creek Master Plan based on the facts set forth
in the staff report dated March 16, 2016 including, but not limited to the following: That the site
is designated on the land use map and pursuant to the Quarry Creek Master Plan for multi-
Family residential development and that the necessary circulation improvements to
accommodate the development of the Quarry Creek Master Plan is being provided concurrent
with development.
9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 25 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.
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. 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.
d. The Local Facilities Management fee for Zone 25 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
e. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
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10. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
11. 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 a grading
permit.
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 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 Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan 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 Site Development Plan, (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 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 City Planner a reproducible 24” x 36” mylar copy of the Site Plan
reflecting the conditions approved by the final decision-making body.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 25 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. 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.
10. 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.
11. 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
25, 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.
12. Prior to building permit issuance, 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 City Planner, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Site Development Plan by
Resolution No. 7151 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
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.
13. 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. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
15. 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 Directors of
Community and Economic Development Department and Planning.
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16. Prior to occupancy of the first dwelling unit, the Developer shall provide all required onsite passive
and active recreational areas per the approved plans, including landscaping and recreational
facilities.
17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to 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 to the project to the satisfaction of the City Planner.
18. 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 the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
19. 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.
20. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required
by Chapter 20.44 of the Carlsbad Municipal Code.
21. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
22. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 25 as required by Carlsbad Municipal Code Section 21.90.050.
23. 64 parking spaces shall be covered at locations and with a design as approved by the City
Planner.
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision must be met prior to approval of building or grading permit whichever occurs
first.
24. This project is contingent upon the recordation of the final map MS 15-13.
25. 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.
26. 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.
27. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the site plan
and conceptual grading plan, preliminary utility 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.
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28. Developer shall submit to the city engineer an acceptable instrument or other recorded
document, addressing the maintenance, repair, and replacement of shared private improvements
within this project, including but not limited to private streets, utilities, street trees, sidewalks,
landscaping, street lighting, enhanced paving, water quality treatment measures, low impact
development features, storm drain facilities, etc. located therein and to distribute the costs of
such maintenance in an equitable manner among the owners of the properties within this project.
29. 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.
Fees/Agreements
30. 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.
31. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
32. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
33. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private improvements including but not
limited to private storm drain, private curb and gutter and landscaping located over the proposed
CMWD easement and city general utility easement as shown on the tentative site plan. Developer
shall pay processing fees per the city’s latest fee schedule.
Grading
34. 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, post security and pay all applicable grading plan
review and permit fees per the city’s latest fee schedule.
35. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as shown
on the parcel map all subject to city engineer approval.
36. 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.
37. 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.
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38. 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.
39. Developer shall prepare and submit an updated Storm Water Management Plan (SWMP), subject
to city engineer approval, to demonstrate that the design of this project is consistent with the
design assumptions in the previously approved Quarry Creek Master SWMP and that no design
changes are necessary to the existing bioretention BMPs per rough approved grading plan, DWG
484-5A. In addition, 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.
40. 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.
41. 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).
Improvements:
42. Developer shall design and post security for all proposed private improvements including but
not limited to private driveways and sidewalks, private water and sewer mains, water services,
sewer laterals, etc. The design shall conform to the City of Carlsbad Standards to the
satisfaction of the city engineer. These private improvements including but not limited to the
following, shall be shown on a separate improvement plan labeled as “Private Improvement
Plans”, subject to city engineer approval:
A) Private potable water main and services within Parcel 1
B) Private sewer main and laterals within Parcel 1
43. All private improvements shall be inspected by the city. Developer shall pay the standard
improvement plan check and inspection fees using improvement valuations in accordance with
the city’s current fee schedule.
44. Developer shall design the on-site private fire water main, fire services and fire hydrants within
Parcel 1 fire services to the satisfaction of the Fire Marshal. These improvements shall be shown
on a separate Fire Improvement Plan.
Utilities
45. Developer shall meet with the fire marshal to determine fire protection measures (fire services,
fire flows, fire hydrants and building sprinklers) required to serve the project. Fire hydrants and
building sprinklers served by private onsite fire water main shall be designed to the satisfaction
of the Fire Marshal.
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46. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
47. 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 private improvement plans.
48. The developer shall design landscape and irrigation plans utilizing recycled water as a source and
prepare and submit a colored recycled water use map to the Planning Division for processing and
approval by the district engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
49. This site plan shall expire two years from the date on which the City Council voted to approve this
application.
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 tentative map are for planning purposes only.
51. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
52. 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.
53. The project shall comply with the latest disabled access requirements pursuant to Title 24 of the
California Building Code.
54. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
55. 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 City Planner prior to
installation of such signs.
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NOTICE
Please take NOTICE that approval of your project includes the 11imposition" 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 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 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 expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of
the City of Carlsbad, California, held on March 16, 2016, by the following vote, to wit:
AVES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioner Black, Goyarts, L'Heureux,
Montgomery, Segall and Siekmann
~~~th<)
CARLSBAD PLANNING COMMISSION
ATIEST:
QYb
DON NEU
City Planner
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