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HomeMy WebLinkAbout2019-10-02; Planning Commission; Resolution 7348PLANNING COMMISSION RESOLUTION NO. 7348 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A PASSIVE PARK ON PROPERTY GENERALLY LOCATED AT 1605 BUENA VISTA WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: CASE NO.: BUENA VISTA RESERVOIR SITE CUP 2018-0023 (DEV2018-0222) WHEREAS, the City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as That portion of tract number one twenty-one (121) Carlsbad Lands as shown on Map thereof Number 1661 on record in the Office of the Recorder of San Diego County, February 27, 1915 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" -"L" dated October 2, 2019, on file in the Planning Division, CUP 2018-0023, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 2, 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. 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 CUP 2018-0023 -BUENA VISTA RESERVOIR SITE, based on the following findings and subject to the following conditions: Findings: Conditional Use Permit 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 of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that development of a passive public park in the location proposed is supported by the community and the City Council. The proposal also complies with Goal 4-G.6 of the Open Space, Conservation, and Recreation Element that encourages a wide variety of recreational activities for 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 proj_ect's design fits well with and complements its surroundings residential use and is proposed as a passive public park use. The project is subject to a Community Benefit Agreement, entered into on March 2017, by and among North County Advocates, the City of Carlsbad, Lennar Homes of California, Inc., Preserve Calavera, Friends of Aviara, and Friends of the Buena Vista Reservoir, that limits uses and activities at the park to ensure compatibility with surrounding residences, and the recommended approval is conditioned accordingly. Further, by removing a water storage reservoir built in 1918, the public park will improve the appearance of the residential neighborhood 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 that the 3.1 acre site can adequately accommodate the passive park uses, such as children's playground structures, picnic tables, shade structures, sloped turf, a meandering pedestrian trail, benches, viewing areas, fences, drought tolerant landscaping, etc. Chapter 21.44 of the Carlsbad Municipal Code (Parking) does not have a specific off-street parking requirement for neighborhood parks, and, in accordance with the Agreement, no off- street parking is proposed for this park. In cases where a use does not have a specifically-defined parking standard, the City Planner shall determine the appropriate standard based on similarity to a listed use in the parking chapter or based on a parking study or other satisfactory evidence (CMC 21.44.030). Additionally, the Planning Commission has the authority to establish the parking requirement (if any) through the conditional use permit (CMC 21.42.140(A)(4)). Consistent with terms of the Agreement, project approval is conditioned to prohibit active uses on site, including a restroom building, parking lots, dog parks, skate park, sport courts, etc., and is further conditioned to prohibit the park from being rented out for events. Given these limitations on park use and the expectation it will be used mainly by neighboring residents,the Planning Commission has determined that no off-street parking is required. However, the project design will accommodate 11 on-street parking spaces (ten standard spaces and one ADA compliant space) as shown on the master park site plan (attached as Exhibit "B" and dated October 2, 2019). PC RESO NO. 7348 -2- 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the passive public park is not expected to add significantly to existing residential traffic levels as many users will walk to the park from surrounding homes. The expected trip generation is 18 average daily trips. Landscape Manual Policies and Requirements Finding 5. The project is consistent with the planting policies of the city's Landscape Manual in that the project will utilize drought tolerant landscaping except in the areas to be planted with turf. All trees are minimum 24" box providing an acceptable canopy coverage for a newly developed park. A combination of evergreen and deciduous species provides seasonal interest, visual accent, screening, shade during summer and extended sun exposure during winter. Tree species are high quality California natives, enriching the Carlsbad tree canopy inventory. Shrubs and groundcovers include 1 and 5-gallon native and drought tolerant plants that are considered low maintenance. The plant palette includes flowering and screening shrubs, perennials, grasses, and succulents and the bio-swales planting consists of native riparian species that can tolerate periodic inundation. Water Efficient Landscape Ordinance Finding (CMC Chapter 18.50) 6. The project is consistent with the irrigation policies and low impact development (LID} features of the city's Landscape Manual in that the irrigation system has been designed to utilize recycled water for all landscape improvements once recycled water is available to be sourced in the area. The project also includes low impact development (LID) features such as vegetated swales and landscape buffer strips around the concrete walkway that filter storm runoff and increase on- site rainwater retention from impervious areas. \ Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, whichever occurs first. Planning 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. 2. 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. PC RESO NO. 7348 -3- 3. This project shall comply with Section 4.10 of the Community Benefit Agreement (Agreement), entered into on March 2017, by and among North County Advocates, the City of Carlsbad, Lennar Homes of California, Inc., Preserve Calavera, Friends of Aviara, and Friends of the Buena Vista Reservoir. The Agreement states the park will only include passive use amenities such as, but not limited to, children's playground structures, picnic tables, shaded structures, interpretive signage, dry creek stream beds, sloped turf, drought tolerant landscaping and low- . level security lighting, and . will not include active use elements, such as but not limited to, athletic fields, athletic field lighting, restroom buildings, parking lots, skate parks, dog parks, tennis courts or other sports courts. 4. 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. 5. Per CMC 21.42.140B){100) all applications for a public park shall include a master park site plan exhibit. The master park site plan exhibit was submitted with the application and is labeled Exhibit B, dated October 2, 2019, and includes the general location of and maximum anticipated site area and building area of proposed major and accessory park uses (i.e. picnic areas, playground, pedestrian path, etc.). The development of the specific uses that are identified on the master park site plan shall not require an additional conditional use permit or an amendment to the existing master park site plan conditional use permit. Park improvements that do not add a new land use to the master park site plan or increase the maximum anticipated site area or building area for a use by more than twenty percent of what is anticipated on the master park site plan may be approved administratively by the city planner. 6. The park shall not be rented out for special events. 7. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use 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. 8. Deve loper shall comply with all app licable provisions of federal, stat e, and local laws and regulations in effect at the time of building permit issuance. 9. 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. PC RESO NO. 7348 -4- 10. 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 (CUP 2018-0023), (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. 11. Prior to submittal of the building plans or grading plans, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 12. 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. 13. 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. 14. 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. 15. CUP 2018-0023 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 Permit 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 5) 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, PC RESO NO. 7348 -5- 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. 16. 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 17. 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. 18. 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. 19. 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. Grading 20. 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. Storm Water Quality 21. 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. 22. 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. PC RESO NO. 7348 -6- 23. 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. 24. 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. Dedications/Improvements 25. Developer shall design the private drainage systems, as shown on the site plan 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. 26 . Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Curb gutter and sidewalk. B. Asphalt pavement and base for street widening. C. Pedestrian ramps D. Street striping for three way stop, crosswalk and parking. E. Street and pedestrian lights F. Storm drain inlet and pipe. G. Curb outlet. H. Water services and back flow devices. Developer shall pay the standard improvement plan check and in~pection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 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. PC RESO NO. 7348 -7- 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 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 liave 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 October 2, 2019 by the following vote, to wit: AYES: Chair Luna, Commissioners Anderson, Geidner, Lafferty, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN : CAROLYN LUNA, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7348 -8-