HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50781
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PLANNING COMMISSION RESOLUTION NO. 5078
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 98-
68 TO ALLOW THE SUBDIVISION, GRADING AND
CONSTRUCTION OF 82.20 ACRES, CREATING 238 SINGLE
FAMILY LOTS WITH DWELLINGS, TWO OPEN SPACE
LOTS, THREE RECREATION LOTS, ONE RECREATIONAL
VEHICLE STORAGE LOT AND A 24 UNIT, FOR-SALE
CONDOMINIUM PROJECT AFFORDABLE TO LOWER-
INCOME HOUSEHOLDS, ON PROPERTY GENERALLY
LOCATED NORTH AND SOUTH OF POINSETTIA LANE,
BETWEEN AVIARA PARKWAY AND SNAPDRAGON DRIVE
IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: THOMPSONITABATA
CASE NO.: CDP 98-68
WHEREAS, Standard Pacific Homes, “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Standard Pacific
Corporation, and David B. Thompson and Karen R. Thompson, “Owners”, described as
The northeast quarter of the northeast quarter and the southeast
quarter of the northeast quarter of Section 28, Township 12 South,
Range 4 West, San Bernardino Meridian, according to the official plat thereof; together with that portion of the southeast quarter of
Section 21, Township 12 South, Range 4 West of the San
Bernardino Meridian, according to the official plat thereof, shown
on Parcel B on a Certificate of Compliance recorded November
7,1988 as File No. 88-569475 and on Record of Survey Map No.
12096, filed on March 23, 1989; all lying within the City of
Carlsbad, County of San Diego, State of California; except
therefrom those portions thereof vested with Tabata Brothers
Partnership by documents recorded November 13, 1972 as File No.
303362 and November 4, 1974 as Files No. 74-292547 and 74-
292548; and except therefrom those portions lying within Poinsettia
Lane and Rose Drive as described in Files No. 89-546752, 89-
637695, go-146889 and 91-0036964 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “EEEE” dated November 7,2001, on file in
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the Planning Department, THOMPSON/TARATA - CDP 98-68 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of November 2001
and on the 5th day of December 2001 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 CDP.
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
RECOMMENDS APPROVAL of THOMPSON/TARATA - CDP 98-68
based on the following findings and subject to the following conditions:
Findinps:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the proposal does not disturb the existing
coastal sage scrub habitat and includes on-site mitigation for the disturbance to the
0.1 acre southern willow scrub habitat; the grading for the project will conform to
the City Standards thereby precluding off-site erosion; the project site is located
over 1 mile from the Pacific Ocean and no coastal access opportunities exist on the
site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project site is located over 1 mile from the Pacific Ocean
and is bisected by a fully improved major arterial roadway. No coastal access
opportunities exist on the site and public access through the area is already
provided by Poinsettia Lane.
3. The project is consistent with the Coastal Agriculture Overlay Zone (Chapter
21.202 of the Zoning Ordinance), in that the project is conditioned to pay the
required agricultural conversion mitigation fee.
4. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will
adhere to the City’s Master Drainage and Storm Water Quality Management Plan
and Grading Ordinance to avoid increased runoff and soil erosion; no steep slopes
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exist on the property; and the site is not prone to landslides or susceptible to
accelerated erosion, floods or liquefactions.
5. The project site is not located between the sea and the first public road parallel to
the sea and, therefore, is not subject to the provisions of the Coastal Shoreline
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
6. The project is not located within the Mello I Segment and, therefore, is not subject
to the provisions of the Coastal Resource Overlay Zone Mello I Segment Ordinance
(Chapter 21.205 of the Zoning Ordinance).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
or final map, 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 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 Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the 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.
3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances 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.
5. 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 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.
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6.
7.
8.
9.
10.
This approval is granted subject to the approval of ZC 98-08, LCPA 98-04, CT 98-14,
PUD 98-05, CP 00-02, SDP 99-06 and HDP 98-15 and is subject to all conditions
contained in Planning Commission Resolutions No. 5071, 5072, 5073, 5074, 5075,
5076 and 5077 for those other approvals.
The applicant shall receive and record a final map for this project within two (2) years
of approval or this coastal development permit will expire unless extended per Section
2 1.201.2 10 of the Zoning Ordinance.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
If a grading permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the “dry season”, April
1st to October 1st of each year. Grading activities may be extended to November 15th
upon written approval of the City Engineer and only if all erosion control measures are in
place by October 1st.
Prior to issuance of final map, the developer shall pay the appropriate agricultural
mitigation fee for the total developable acreage on the project site. The developable
acreage within the project area totals 73.71 acres. The amount of the mitigation fee
will be a function of the fiscal year of the final map approval as shown below:
For fiscal year 2002, the fee totals $7,220.50 per developable acre;
For fiscal year 2003, the fee totals $7,942.55 per developable acre;
For fiscal year 2004, the fee totals $8,736.05 per developable acre;
For fiscal year 2005, the fee totals $9,609.73 per developable acre;
For fiscal years 2006 and beyond, the fee totals $10,000 per developable acre.
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
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4 Commission of the City of Carlsbad, California, held on the 5th day of December 2001, by the
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9 ABSENT:
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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
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
Commissioner Nielsen
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
himw~~ J.
Planning Director
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