Loading...
HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50781 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 5078 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 5078 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 5078 -4- 4 Commission of the City of Carlsbad, California, held on the 5th day of December 2001, by the 5 6 7 8 NOES: 9 ABSENT: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 5078 -5-