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HomeMy WebLinkAboutCDP 10-14; Poinsettia Place Borrow Site; Coastal Development Permit (CDP)A gfK> CITY OFVCARLSBAD Planning Division www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION July 28, 2011 Shea Homes c/o Sarah Beckman 9990 Mesa Rim Road San Diego, CA 92121 RE: CDP 10-14 - POINSETTIA PLACE BORROW SITE The City has completed a review of the application for a Minor Coastal Development Permit for the removal of approximately 65,500 cubic yards of dirt from a 3.77 acre portion of a 20 acre R- 1 zoned property located within and adjacent to the right-of-way for the easterly extension of Poinsettia Lane south of Cassia Road and east of Poinsettia Lane within an area previously disturbed for agricultural purposes. This proposed grading is part of the implementation of the Poinsettia Place development which was approved on the adjacent property to the north. The intent of this Minor Coastal Development Permit is to supplement the Coastal Development Permit approved for the Poinsettia Place project (CDP 04-23A) for offsite grading and acquisition of fill material needed to construct the easterly Poinsettia Lane extension. It is the Planning Director's determination that the project CDP 10-14 - POINSETTIA PLACE BORROW SITE, is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 - 21.205); and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no other non-administrative discretionary approvals other than a Minor Coastal Development Permit. 3. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the property is not located adjacent to the shore and therefore no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 4. The proposed development will have no adverse effect on coastal resources, in that no current Williamson Act agricultural activities or significant agricultural land designated on Map X, sensitive resources, geological instability, flood hazard or coastal access opportunities exist onsite; and the removal of 65,500 cubic yards of dirt will not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CDP 10-14 - POINSETTIA PLACE BORROW SITE July 28, 2011 PAGE 2 5. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No natural vegetation is located within the subject area and it is not prone to landslides or susceptible to accelerated erosion, floods or liquefaction. The project site includes natural slopes greater than or equal to 25%, however pursuant to Section 21.203.040(A)(1)(a) and 21.203.040(A)(3) of the Carlsbad Municipal Code grading within these slopes may occur in that the proposed grading is within the right-of-way for the future construction of Poinsettia Lane which is a City of Carlsbad Circulation Element Roadway, no structures are proposed with this application; project grading is essential to obtaining the necessary fill material for Poinsettia Lane; the site is not within a major wildlife habitat or native vegetation area; and the site is not located within a wildlife corridor. 6. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the site is located within and adjacent to the right-of-way of the future extension of Poinsettia Lane and the site is designated on the Land Use Map as Residential Low-Medium Density (RLM) for the future development of single family residential uses. The proposal to borrow fill material from this site is consistent with the Mello II RLM Land Use designation. 7. That the request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the Carlsbad Coastal Development Regulations. 8. The Planning Director of the City of Carlsbad does hereby find: a. The Planning Director has reviewed, analyzed, and considered the Negative Declaration and the environmental impacts therein identified for this project and any comments thereon prior to ADOPTING the project; and b. 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 c. it reflects the independent judgment of the Planning Director of the City of Carlsbad; and 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. 9. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified in September 1990, and therefore, is not subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Carlsbad Municipal Code). 10. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this approval, and hereby finds, in this case, that the exactions imposed to CDP 10-14 - POINSETTIA PLACE BORROW SITE July 28, 2011 PAGE 3 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. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 10-14, for the project entitled POINSETTIA PLACE BORROW SITE (Exhibit A), dated July 20, 2011, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 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 Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. The 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 Minor Coastal Development Permit, (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. 7. This approval shall become null and void if a grading permit is not issued for this project within 24 months from the date of project approval. 8. 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 CDP 10-14 - POINSETTIA PLACE BORROW SITE July 28, 2011 PAGE 4 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 21, 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. 9. Prior to the issuance of a grading permit, 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 Minor Coastal Development Permit 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. 10. 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. 11. 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. 12. This approval is subject to all of the conditions of approval adopted for the Poinsettia Place project CT 04-1OA incorporating by reference all of the conditions contained in City Council Resolution No. 2010-027 and Planning Commission Resolutions No. 6650 (CT 04-1 OA), 6651 (CP 04-05A), 6653 (CDP 04-23A), 6193 (HDP 04-05), and 6196 (HMP 06-08). 13. Prior to issuance of a Grading Permit, the Developer must execute a Pre- Excavation Agreement with the San Luis Rey Band of Mission Indians that reasonably achieves appropriate treatment of human remains and cultural items; requires a good faith effort by the parties to agree on what is "appropriate treatment and dignity" when addressing human remains and cultural items; requires the return of any human remains or cultural items recovered during the construction process to the San Luis Rey Band of Mission Indians; and, reasonably requires a Native American monitor to be present during ground- disturbing activity. NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Christer Westman at (760) 602-4614. CDP 10-14 - POINSETTIA PLACE BORROW SITE July 28, 2011 PAGES ' 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. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:CW:sm Don Neu, Planning Director Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Glen Van Peski, Senior Civil Engineer File Copy Data Entry/DMS California Coastal Commission (NoFA)