HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52341
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PLANNING COMMISSION RESOLUTION NO. 5234
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ALLOW THE CONSTRUCTION OF A 106 UNIT MULTIFAMILY
APARTMENT DEVELOPMENT AFFORDABLE TO LOWER
INCOME HOUSEHOLDS ON PROPERTY GENERALLY
LOCATED SOUTHWEST OF THE FUTURE EXTENSION OF
COLLEGE BOULEVARD, SOUTH OF CARLSBAD VILLAGE
DRIVE, IN LOCAL FACILITIES MANAGEMENT ZONE 7.
CASE NAME: CALAVERA HILLS VILLAGE Y
CASE NO.: SDP 0 1-05
WHEREAS, Calavera Hills 11, LLC, “Developer/Owner,” has filed a verified
APPROVAL OF SITE DEVELOPMENT PLAN SDP 01-05 TO
application with the City of Carlsbad regarding property described as
A portion of Lots D and E of the Rancho Agua Hedionda, in
the City of Carlsbad, County of San Diego, State of California,
according to the partition Map thereof No. 823, filed in the
Office of the County Recorder of said County on November 16,
1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “N” dated July 17, 2002, on file in the Planning Department,
CALAVERA HILLS VILLAGE Y - SDP 01-05 as provided by Section 21.53.120 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of July, 2002, 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.
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B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of CALAVERA HILLS
VILLAGE Y - SDP 01-05 based on the following findings and subject to the
following conditions:
Findings:
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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 project is below the maximum density allowed by the
General Plan and Growth Management Program; the project provides housing
affordable to lower income households; the project site is surrounded by residential
and open space uses; the proposed development can fit within the future graded pad
created by the Calavera Hills Phase I1 subdivision map without need for open space
encroachments; and the project will take access off of College Boulevard, a major
arterial roadway.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed development can fit within the future graded pad created by the
Calavera Hills Phase I1 subdivision map without need for open space
encroachments.
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 the project site is surrounded by residential and open
space uses and a noise wall will be constructed along the project frontage with
College Boulevard.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the 848 average daily traffic trips generated by
the project would take access off of College Boulevard, a major arterial roadway.
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 grading 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 Wher condition issuance of all
future building permits; deny, revoke or fbrther condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
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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.
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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
DeveloperQerator 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.
Developer shall submit to Planning Department a reproducible 24” x 36”, mylar copy
of the Site Plan reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 7 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
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.
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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.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall
include at a minimum include a bench and a pole for the bus stop sign. The facilities
shall be designed to enhance or be consistent with basic architectural theme of the
project.
Prior to the issuance of the grading or building permit, whichever occurs first,
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, notifjmg all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan by Resolution No. 5234 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.
Prior to the issuance of grading or building permits, whichever occurs first, the
Developer shall prepare and record a Notice that this property may be subject to noise
impacts from the proposed or existing Transportation Corridor, in a form meeting the
approval of the Planning Director and City Attorney (see Noise Form #1 on file in the
Planning Department).
Prior to the issuance of grading or building permits, whichever occurs first, the
Developer shall prepare and record a Notice that this property is subject to overflight,
sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting
the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in
the Planning Department).
Developer shall post aircraft noise notification signs in all rental offices associated with
the new development. The number and locations of said signs shall be approved by the
Planning Director (see Noise Form #3 on file in the Planning Department).
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standads and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
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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 Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Developer shall submit and obtain Planning Director 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.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
Developer shall construct, install and stripe not less than 236 parking spaces, as shown on
Exhibit “M”, dated July 17,2002.
The proposed basketball court in Recreation Area C is not approved. The
Developer shall redesign the project recreation areas to replace and/or relocate the
basketball court location to the satisfaction of the Housing and Redevelopment
Director and Planning Director prior to issuance of any building permit for the
development.
Enpineering:
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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 provide to the City Engineer, an acceptable means, CC&Rs andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein.
Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
Developer shall install sight distance corridors at all street intersections and driveways in
accordance with Engineering Standards. The limits of these sight distance corridors
shall be reflected on all improvement, grading, or landscape plans prepared in
association with this development. A statement regarding the restrictions associated
with the sight distance corridors and the underlying owner’s maintenance
responsibility shall be included in the CC&Rs.
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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Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
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 a building permit for the
project .
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.
This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modi@ the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets and other easements shown on the
site plan. The offer shall be made by a separate recorded document. All land so offered
shall be offered free and clear of all liens and encumbrances and without cost. Streets that
are already public are not required to be rededicated.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall provide the design of all drainage systems to the satisfaction of the City
Engineer. All private drainage systems shall be inspected by the City. Developer shall
pay the standard improvement plancheck and inspection fees.
Developer shall execute and record a City standard development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the site plan and the following improvements including, but not
limited to paving, base, sidewalks, curbs and gutters, medians, signing and striping,
traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities,
sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, to City
Standards to the satisfaction of the City Engineer.
A. Potable water system and appurtenances.
B. Sewer system and appurtenances.
Improvements listed above shall be constructed within 18 months of approval of
development improvement agreement or such other time as provided in said agreement.
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The emergency access gate from Village ‘cX” as shown in the site plan is specifically
not approved. The access shall be open for egress and ingress at all times.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan
(SWMP).” The SWMP shall be in compliance with the NPDES permit requirements
and provisions as established by the San Diego Region of the California Regional
Water Quality Control Board and the City of Carlsbad. The SWMP shall address
measures to reduce to the maximum extent possible storm water pollutant runoff at
both construction and post-construction stages of the project. The SWMP shall:
A. Identify construction activity and post-development on-site pollutants of
concern.
B. Recommend structural and non-structural Best Management Practices
(BMPs) to remove said pollutants.
C. Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee and resident
education on the proper procedures for handling clean up and disposal of
pollutants.
D. Ensure long-term maintenance of all post construct BMPs in perpetuity.
E. Incorporate measures to ensure-development runoff rates and velocities from
the site are not increased as a result of the project.
Additionally, concurrent with the SWMP, the applicant shall submit for City
approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall
be in compliance with current requirements and provisions established by the
California Water Resources Control Board.
Prior to occupancy, Developer shall install street lights along all public and private street
frontages abutting and/or within the project site in conformance with City of Carlsbad
Standards.
Prior to occupancy, Developer shall install sidewalks along all public streets abutting the
project site in conformance with City of Carlsbad Standards.
Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
abutting the project site in conformance with City of Carlsbad Standards.
Prior to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
section for the access aisles with a traffic index of 5.0 in accordance with City Standards
due to truck access through the parking area andor aisles with an ADT greater than 500.
The structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
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43. Developer shall incorporate into the gradinghmprovement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Water District:
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e..
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieao County Water
Authoritv capacitv charne(s1 prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the Deputy City Engineer -
Utilities.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
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
occupancy.
Prior to issuance of building permits the entire potable water, recycled water, and sewer
system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow
demands can be met to the satisfaction of the District Engineer.
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Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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 Planning
Director prior to installation of such signs.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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 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 feedexactions 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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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 17th day of July 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, White, and Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
- SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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