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HomeMy WebLinkAbout2019-08-21; Planning Commission; Resolution 7343PLANNING COMMISSION RESOLUTION NO. 7343 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A DOG PARK AT POINSETTIA COMMUNITY PARK LOCATED AT 6600 HIDDEN VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 20 AND THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM. CASE NAME: CASE NO.: POINSETTIA PARK PHASE IV -DOG PARK AMEND 2018-0011/CDP 2018-0048 (DEV 99035) WHEREAS, City of Carlsbad, "Developer," has filed a verified application on the portion of Poinsettia Community Park described as: That portion of the west half of Section 21, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey, described as follows: Commencing at the south quarter corner of said Section 21 as shown on La Costa Downs Unit No. 1, according to map thereof no. 2013, filed in the Office of County Recorder of San Diego County, April 6, 1927; thence along the north-· south center line of said Section 21, North 00°00'24" East, 1124.13 Feet to the true point of beginning; thence continuing along said north-south center line, North 00°00'24" East, 1119.74 feet to the intersection with the southerly line of Rancho Aqua Hedionda as established by decree under Superior Court Case No. 16820; thence along said southerly line, North 89°50'30" West, 1169.18 Feet to the northwest corner of land described in Parcel 1 in deed to Charles J. Kramer, et ux, recorded September 16, 1958, in Book 7256, Page 331 of Official Records; thence along the westerly line of said Parcel 1 of Kramer's Land, South 00°00'40" East, 1116.28 feet to an intersection with a line which bears North 89°40'20" West, from the true point of beginning; thence South 89°40'20" East, 1168.86 feet to the true point of beginning ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment (of Conditional Use Permit CUP 05-12) and a Coastal Development Permit as shown on Exhibit(s) "A"-"F" dated August 21, 2019, on file in the Planning Division POINSETTIA PARK PHASE IV- DOG PARK -AMEND 2018-0011/CDP 2018-0048, as provided by the conditions of approval of CUP 05-12 and Chapter 21.42 and Chapter 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 21, 2019, 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 CUP amendment; and WHEREAS, on August 3, 2005, the Planning Commission approved CUP 05-12, as described and conditioned in Planning Commission Resolution No. 5930. 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 Commission APPROVES POINSETTIA PARK PHASE IV-DOG PARK -AMEND 2018-0011/CDP 2018-0048 based on the following findings and subject to the following conditions: Findings: Conditional Use Permit Amendment AMEND 2018-0011 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives ofthe general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the dog park is an identified project .in the 2014 update to the Poinsettia Community Park Master Plan, is desired by the community based on public surveys and noticing conducted by the city's Parks and Recreation Department in 2017 and 2018, and is in a location supported in 2018 by both the city's Parks and Recreation Commission and City Council. Furthermore, as a public park amenity, the requested use is consistent with Poinsettia Community Park's General Plan, Zoning, and Local Coastal Program designation of Open Space and with the 1993 Zone 20 Specific Plan, which identifies Poinsettia Community Park as a recognized future land use. The project also complies with Goal 4-G.6 of the Open Space, Conservation, and Recreation Element: "Offer a wide variety of recreational activities and park facilities designed to encourage educational benefits and active or passive participation by users of all ages and interests." 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposal's design fits well with and complements its surroundings and is a typical public park use. Further, by developing a vacant, unimproved area, the dog park will improve the appearance of the park's main entrance and provide a desired, conveniently accessible public amenity. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, Planning Commission or City Council, in order to integrate the use with other uses in the neighborhood, in PC RESO NO. 7343 -2- that the approximately one acre site can adequately accommodate a large fenced, dog play area within a surrounding buffer of existing and proposed landscaping. Additionally, the project is convenient to the park's sidewalk network and its Plum Tree Road entrance and nearby 49- space parking lot, which provide adequate access for park visitors and surrounding residents. Further, the 361 parking spaces available at Poinsettia Community Park are adequate to accommodate existing and under construction uses and the proposed dog park. Finally, the city analyzed potential noise impacts from barking dogs based on a consultant-prepared study. The "Poinsettia Dog Park Project Noise Assessment" prepared by Helix Environmental Planning concluded the proposed dog park would not generate noise levels exceeding the city's daytime (7 a.m. to 10 p.m.) noise limits for non-transportation sources. Therefore, noise from dog barks would be less than significant. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the dog park will not generate more traffic than was anticipated with full development of Poinsettia Community Park as approved in 1992, particularly since three components of the original approval (the 22,500 square foot community center/gymnasium, tournament tennis court, and tennis clubhouse) will not be constructed. Further, the dog park is not expected to add significantly to existing traffic levels as its estimated traffic generation is 50 -75 average daily trips (ADT). In addition, users will likely drive to the dog park during off-peak hours (e.g., weekday evenings and weekends) or walk to it from surrounding homes. Coastal Development Permit CDP 2018-0048 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the dog park, located on a previously graded area within Poinsettia Community Park, is consistent with the General Plan and Zoning Ordinance, does not pose any impacts to coastal resources such as agriculture, habitat or steep slopes, does not interfere with coastal access, and enhances public recreational opportunities within the Coastal Zone. 6. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project does not interfere with public access to the coastline or public opportunities for coastal recreational uses. Conversely, the project enhances public recreation at an existing park nearly one mile east of the beach. 7. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. General 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all city public facility policies and ordinances in that the project will improve the wastewater treatment process by improving the primary treatment process of PC RESO NO. 7343 -3- wastewater flows and replace aging equipment. Furthermore, project operations will not result in any significant increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as emergency services. 9. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 10. The Planning Commission approved a Conditional Use Permit (CUP 92-5) and adopted a Mitigated Negative Declaration {MND) and a Mitigation Monitoring and Reporting Program {MMRP) for the Poinsettia Community Park on October 7, 1992. The project is within the scope of the prior environmental document and no further environmental documentation is required per CEQA Guidelines Section 15162. All applicable mitigation measures contained in the prior environmental document have either been satisfied previously, will be incorporated into the Poinsettia Community Park -Phase IV construction contract documents, plans and specifications, are existing Parks and Recreation Department policy (e.g., turning off park lights at 10 p.m.), and/or are recommended conditions of approval. 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 issuance of a notice to proceed or approval of a grading permit or building permit, whichever occurs 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 Conditional Use Permit Amendment and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications t o the Conditional Use Permit Amendment and Coastal 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. 3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of grading or building permit issuance. PC RESO NO. 7343 -4- 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. S. 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 Conditional Use Permit Amendment and Coastal 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, 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. 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. 7. This project shall comply with all conditions and mitigation measures which are required as part . of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. 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. 9. 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 Conditional Use Permit Amendment and Coastal Development Permit by Resolution No. 7343 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. 10. Developer shall submit and obtain Parks and Recreation Director 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 PC RESO NO. 7343 -5- 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. 11. CUP 05-12, as amended by AMEND 2018-0011, shall be reviewed by the City Planner annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Per:mit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or S) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in . whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 12. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. Engineering General 13. 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. 14. 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. Grading 15. 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 as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 16. A project-specific soils report shall be provided. 17. The existing stockpile will be shown on existing topography of the grading plan. Existing · PC RESO NO. 7343 -6- topography within 25 feet of the project site also shall be shown on the grading plan. Storm Water Quality 18. 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. 19. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 20. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 21. 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, pollutant control BMP and applicable hydromodification measures. 22. The proposed basin shall meet required drawdown times for the surface ponding and aggregate storage layer. Infiltration testing is required at the location of proposed basin. 23. An overflow structure shall be provided. Any runoff not addressed through infiltration shall be directed to the nearest public storm drain system. It is anticipated that the bioretention basin will be required to store runoff from the 100-year six-hour storm. Dedications/Improvements 24. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. Utilities 25. The developer shall agree to 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. PC RESO NO. 7343 -7- 26. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. 27. The developer shall design and agree to 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. 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 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 procedurewill 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. PC RESO NO. 7343 -8- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 21, 2019 by the following vote, to wit: AYES: Chair Luna, Commissioners Anderson, Geidner, Lafferty, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN: CAROLYN LUNA, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7343 -9-