HomeMy WebLinkAbout2003-09-17; Planning Commission; Resolution 54671
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PLANNING COMMISSION RESOLUTION NO. 5467
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
SQUARE IN A PORTION OF PLANNING AREA 15 OF THE
BRESSI RANCH MASTER PLAN ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF
EL CAMINO REAL, NORTH OF THE FUTURE EXTENSION OF
POINSETTIA LANE AND WEST OF THE FUTURE EXTENSION
MENT ZONE 17.
CASE NAME:
DEVELOPMENT PLAN SDP 03-1 1 FOR A 1.98 ACRE VILLAGE
OF EL FUERTE STREET IN LOCAL FACILITIES MANAGE-
BRESSI RANCH VILLAGE SQUARE
CASE NO.: SDP 03-1 1
WHEREAS, Bressi Garden Lane LLC, “Developer and Owner,” has filed a
verified application with the City of Carlsbad regarding property described as:
A portion of Lot 15 of Carlsbad Tract 00-06, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 14600 filed in the office of the County
Recorder May 29,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “VS 1-7” dated September 17, 2003, on file in the Planning
Department, BRESSI RANCH VILLAGE SQUARE - SDP 03-11 as provided by Chapter
21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of September 2003,
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:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, th Planning
Commission APPROVES BRESSI RANCH VILLAGE SQUARE - SDP 03-
11 based on the following findings and subject to the following conditions:
Findinw :
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed Village Square is consistent with the land use
designation allowed by the Bressi Ranch Master Plan and will become the focal
point for the mixed use development of Planning Area 15. The project is consistent
with all City policies and development standards and the requirements of the Bressi
Ranch Master Plan. The City Council approved the Master Plan, and in doing so,
made the finding that the Master Plan implements the General Plan and is
consistent with the goals, policies and objectives of the General Plan.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project is designed and intended for use as a park and the majority of the
site is open grassy area.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that as a community gathering place there is no need to
create buffers and separation from surrounding uses.
4. The Planning Director has determined that:
a. the project is a subsequent activity of the Bressi Ranch Master Plan 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)];
b. this project is consistent with the Master Plan cited above;
c. EIR 98-04 was certified in connection with the prior Master 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 15 162 or 15 163 exist; and
f. All mitigation measures contained in the adopted Mitigation Monitoring and
Reporting Program from EIR 98-04 applicable to the proposed Planning Area
PC RES0 NO. 5467 -2-
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projects have been completed, incorporated into the project design or are required
as conditions of approval for the project.
5. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the streets have been designed and are being
constructed to the standards necessary to facilitate the entire Bressi Ranch at build-
out.
6. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
7. 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 recordation of
CT 03-03 as a final map.
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; 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.
PC RES0 NO. 5467 -3-
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5.
6.
7.
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12.
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 non-
discretionary, 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 fiom 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.
Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
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. A note to this effect
shall be placed on the Final Map.
This approval is granted subject to the approval of CT 02-14, CT 02-19, and CT 03-03.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date CT 02-14, CT 02-19, and CT 03-03 are
recorded as final maps.
Developer shall submit and obtain Planning 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 as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
Prior to the issuance of the building permits, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Site Development Plan by Resolution No. 5467 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
Planning Director 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
Developer shall make an irrevocable offer of dedication to the City establishing the
property as common open space for recreational purposes in perpetuity.
PC RES0 NO. 5467 -4-
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13.
14.
15.
All Village Square improvements shall be completed and available for use prior to
the occupancy of the first residential unit in Bressi Ranch.
The Developer shall implement and comply will all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Bressi Ranch Master Plan - EIR 98-04, as contained in Planning
Commission Resolution No. 5201.
A greater percentage of 36 inch and 48 inch box specimen trees than shown on the
concept landscape plans Exhibits VS 1 through VS 7, dated September 17, 2003,
shall be provided on the Final Landscape and Irrigation Plan subject to the
approval of the Planning Director.
Engineering
General
16.
17.
18.
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.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement in the project
CC&Rs:
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street
level may be placed or permitted to encroach within the area identified as a sight distance
corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3.
The underlying property owner shall maintain this condition."
The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
Grading
19. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
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 apply for and obtain a
grading permit from the City Engineer prior to issuance of any building permits for the
project.
PC RES0 NO. 5467 -5-
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21. Prior to the issuance of grading permit or building permit, whichever occurs first, the
applicant shall submit for City approval a “Storm Water Management Plan (SWMP)”.
The SWMP shall be in compliance with current requirements and provisions established
by the San Diego Region of the California Regional Water Quality Control Board. The
SWMP shall address measures to reduce to the maximum extent possible storm water
pollutant runoff at both construction and post-construction phases of the project. At a
minimum, the Plan shall:
a.
b.
c.
Identify existing and post-development on-site pollutants.
Recommend source control Best Management Practices (BMps) to filter said
pollutants.
Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants.
Ensure long-term maintenance of all post construct BMPs in perpetuity. d.
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 feedexactions. 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 feedexactions
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.
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PC RES0 NO. 5467 -6-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 17th day of September 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None v R, Chairperson
CAIbXB!! PLANNING COMMISSION
ATTEST:
MICHAEL J. HOL
Planning Director
PC RES0 NO. 5467 -7-