HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 64951
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PLANNING COMMISSION RESOLUTION NO. 6495
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION AND AN AMENDMENT TO THE ARMY /NA VY
ACADEMY MASTER SITE PLAN GENERALLY LOCATED
NORTH AND SOUTH OF CYPRESS AVENUE, SOUTH OF
PACIFIC STREET, EAST AND WEST OF OCEAN STREET,
AND EAST AND WEST OF CARLSBAD BOULEY ARD IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ARMY /NA VY ACADEMY MASTER SITE
PLAN
CASE NO.: CUP 94-02xl(A)
WHEREAS, Army/Navy Academy, "Developer and Owner," has filed a verified
application with the City of Carlsbad regarding property described as
That portion of Lot 47 of Granville Park and that portion of
Laguna Drive adjacent thereto (vacated and closed to public
use by Resolution No. 918 of the City Council of the City of
Carlsbad, California, recorded July 19, 1963 as Instrument No.
126793 of official records of San Diego County, California) in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 1782, filed in the office of the
County Recorder of San Diego County; and that portion of
Blocks 1 and 2 of Oceanside Addition to Carlsbad, in the City
of Carlsbad, County of San Diego, State of California,
according to map thereof No. 893, filed in the office of the
County Recorder of San Diego County, April 8, 1903, together
with the alley lying within Block 2 and that portion of Ocean
Park Avenue lying between said Blocks 1 and 2 as vacated and
closed to public use in order of the board of supervisors, filed
in the office of the County Recorder of San Diego County,
October 2, 1925 in Book 751, Page 332 of Deeds; and, Lots 75,
76 and Lots 94 through 96 inclusive of Granville Park No. 2, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 2037, filed in the office of the
County Recorder of San Diego County, June 18, 1927
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension and Amendment as shown on Exhibits "A"-"H" and "Master Site Pan"
dated November 5, 2008, on file in the Planning Department ARMY/NAVY ACADEMY
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MASTER SITE PLAN -CUP 94-02Xl(A), as provided by the conditions of approval of CUP
94-02 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 5, 2008, 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 Extension and Amendment; and
WHEREAS, on October 4, 1995, the Planning Commission approved CUP 94-02
as described and conditioned in Planning Commission Resolution No. 3797.
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 ARMY/NAVY ACADEMY MASTER SITE PLAN -CUP
94-02xl(A) based on the following findings and subject to the following conditions:
Findings:
1.
2.
The adopted findings for CUP 94-02 which are contained in Planning Commission
Resolution No. 3797 apply to this extension and amendment and are incorporated by this
reference.
The Planning Commission of the City of Carlsbad does hereby find:
a.
b.
C.
it has reviewed, analyzed, and considered the Negative Declaration for the
Army/Navy Academy Master Site Plan, the environmental impacts therein
identified for this project and any comments thereon prior to ADOPTING the
project; and
the Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
PC RESO NO. 6495 -2-
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3.
4.
5.
d. based on the EIA Part II and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, based on the facts set forth in
the staff report dated November 5, 2008 in that the Army/Navy Academy Master Plan
complies with Village Land Use Policy C.4 as the Academy is an existing school that
is seeking to remodel buildings, construct new buildings, add new landscaping and
make streetscape improvements as required with permits that are applied for in the
future. The project will also be integrating housing with non-residential
development onsite (private school) and with the surrounding neighborhood as well
as described in Housing Objective 2.5.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a.
b.
C.
The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
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:
1.
2.
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.
All conditions of approval imposed upon Conditional Use Permit CUP 94-02 as stated in
Planning Commission Resolution No. 3797 shall apply as conditions of approval for CUP
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3.
4.
5.
6.
94-02xl(A) and are incorporated by this reference, except Condition No. 3 is replaced
by Conditions Nos. 3 and 4 below and Conditions No. 1, 2, 5 and 6 are deleted
because they are no longer applicable.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
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 and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
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.
Prior to the issuance of a grading or building permit, whichever occurs first,
• 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 Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution(s) No. 6495 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.
This approval is granted subject to the approval of RP 05-04 and is subject to all
conditions contained in Design Review Board Resolution No. 335 for that other
approval incorporated herein by reference
Engineering:
7.
8.
As stated in Chapter 5 of the Master Site Plan text, Developer shall initiate the
Alternative Street Design Process for this project in accordance with the Street and
Sidewalk Policy Committee Report as adopted by City Council.
Concurrent with future land use or discretionary permits for this project, Developer
shall prepare separate detailed studies, prepared by a Registered Engineer, to
determine whether facilities (sanitary sewer, potable water, and storm drain) are
adequate to serve the needs of this project. These studies shall demonstrate that
Growth Management Standards are met for the facilities within this zone, and as it
relates to impacts from this Project. These studies shall be prepared to the
satisfaction of the City Engineer. If deficiencies are identified, Developer is
responsible to construct or otherwise financially guarantee the necessary facility
improvements.
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9.
10.
11.
12.
13.
Concurrent with future land use or discretionary permits for this project, Developer
shall study and address undergrounding existing overhead utilities within and
adjacent to the project boundary.
Prior to the approval of any application for development or redevelopment including
building permits, Developer shall submit to the City Engineer proof that the existing lots
within this project have been adjusted, consolidated or merged in accordance with the
Carlsbad Municipal Code.
Concurrent with future land use or discretionary permits for this project, 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 properties.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)" and a "Storm Water Management Plan (SWMP)." Each plan shall
demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation
Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California
Regional Water Quality Control Board and City of Carlsbad Municipal Code. The
SWMP shall address measures to avoid contact or filter said pollutants from storm water,
to the maximum extent practicable, for the construction and post-construction stage of the
project. At a minimum, the plans shall:
a.
b.
C.
d.
e.
f.
Identify existing and post-development on-site pollutants-of-concern.
Identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project.
Recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging offsite.
Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort. shall be applied to employee education on the proper
procedures for handling cleanup and disposal of pollutants.
Ensure long-term maintenance of all post-construction BMPs in perpetuity.
Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
Concurrent with future development, Developer shall cause property owner to process,
execute and submit an executed copy to the City Engineer for recordation a City standard
Permanent Stormwater Quality Best Management Practice Maintenance Agreement for
the perpetual maintenance of all treatment control, applicable site design and source
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control, post-construction permanent Best Management Practices prior to the issuance of
a grading permit or building permit, whichever occurs first for this Project.
Special Conditions
14.
15.
The following Design Guideline shall be added to the Master Site Plan; Chapter 3;
Section III; Design Guidelines:
Buildings and or building designs which are deemed to have significant
historical and/or design character to the community shall be preserved
and/or recreated to the extent feasible.
The following language shall be added to the Master Site Plan; Chapter 3; Section II
Parking Standards:
At such time that boarding cadets are permitted to keep a car on campus,
then the requirement for onsite parking stalls will be adjusted accordingly
to accommodate the demand and those parking stalls must be provided on
campus.
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 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 November 5, 2008 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Boddy, Cardosa, Dominguez, and
Montgomery
Chairperson Whitton
Commissioner Douglas
NKH. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~~
DON NEU
Planning Director
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