HomeMy WebLinkAbout2016-03-16; Planning Commission; Resolution 7154
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 15-
20 TO DEVELOP A 2,281 SQUARE FOOT RECREATION BUILDING,
SWIMMING POOL, PASSIVE RECREATION AREA AND ONSITE PARKING
LOT ON PROPERTY GENERALLY LOCATED NORTH OF MARRON ROAD,
SOUTH OF ADOBE SPRINGS ROAD, AND WEST OF EL SALTO FALLS STREET
IN THE QUARRY CREEK MASTER PLAN IN LOCAL FACILITIES
MANAGEMENT ZONE 25.
CASE NAME: QUARRY CREEK PLANNING AREA P-3
CASE NO.: SDP 15-20
WHEREAS, Presidio Cornerstone QC, LLC, “Developer and Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 8 of Carlsbad Tract CT 11-04, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 16038, filed 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” – “J” dated March 16, 2016, on file in the Planning Division, SDP 15-20 – QUARRY
CREEK PLANNING AREA P-3 as provided by Chapter 21.06 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 15-20 – QUARRY CREEK PLANNING AREA P-3 based on the following
findings and subject to the following conditions:
. . .
PLANNING COMMISSION RESOLUTION NO. 7154
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Findings:
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 Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the Quarry Creek
Master Plan was adopted as being consistent with the goals and policies of the General Plan
and the project implements 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
Planning Area P-3 of the Quarry Creek Master Plan was designated as a community recreation
area to serve the recreation needs of the adjoining residential planning areas PAs R-3 and R-4,
it is being developed as such and must be located in close proximity to those residential
neighborhoods to provide convenient and safe access.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that all of the proposed facilities onsite are located such that they comply with all
regulations relative to placement onsite and that no deviation to standards is required or
requested.
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 a fence is provided to enclose the pool
area as required by the Uniform Building Code.
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 the recreation facility was anticipated in the
Quarry Creek Master Plan and all circulation systems within the Quarry Creek Master Plan are
designed and are being constructed to accommodate the circulation needs of the future
population within and surrounding the project site.
6. 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;
b. this project is consistent with the plan cited above;
c. EIR 11-02 was certified in connection with the prior project or 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;
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7. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
8. 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 issuance of a grading
permit or building permit whichever should occur first.
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 shall implement, or cause the implementation of, the Quarry Creek Master Plan
Project Mitigation Monitoring and Reporting Program.
6. 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.
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7. 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.
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 the issuance of a 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 City Planner, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Site Development Plan by
Resolution No. 7154 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. 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.
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16. 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.
17. 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.
18. A solar power system shall be provided to supplement the energy needs of the project, the
details of which shall be provided at building permit issuance.
19. Planning Area P-3 is intended to serve as the primary recreation facility for Quarry Creek
Planning Areas R-3 and R-4. To accommodate the future residents recreational needs, the
recreation building phase 1 shall be completed prior to or concurrent with issuance of
occupancy for the 55th dwelling unit within Planning Area R-3 or R-3/R-4 combined; The
swimming pool phase II shall be completed prior to or concurrent with the issuance of
occupancy for the 100th dwelling unit within Planning Areas R-3/R-4 combined; and all phases
shall be complete prior to or concurrent with issuance of occupancy of the 155th dwelling unit
within Planning areas R-3/R-4 combined.
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 a 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. 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, or grading plans, whichever occurs first.
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.
Fees/Agreements
24. 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.
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25. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
Grading
26. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
Dedications/Improvements
32. Developer shall design all proposed public improvements including but not limited to driveways,
sidewalk, water services/meters, etc. as shown on the tentative map. 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.
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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.
33. Developer shall design the private drainage systems, as shown on the tentative map to the
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 plan check
and inspection fees for private drainage systems.
34. Developer shall design the on-site fire service, as shown on the tentative map, to the satisfaction
of the Fire Marshal.
35. 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.
Utilities
36. 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.
37. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
38. 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.
39. 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 improvement plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
40. Developer shall pay sewer impact fees based on 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.
41. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
43. 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 TO APPLICANT .
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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 affinal approval to protest imposition ofthese fees/exactions. If you protest
them, you must fqllow 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:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioner Black, Goyarts, L'Heureux,
Montgomery, Segall and Siekmann
&~~w
CARLSBAD PLANNING COMMISSION
25 ATIEST:
26 (1~
27 DON NEU
City Planner
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