HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 5124PLANNING COMMISSION RESOLUTION NO. 5124
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 00-64 FOR THE
SUBDIVISION OF 10.26 ACRES INTO 14 LOTS AND THE
DEVELOPMENT OF A CHURCH CAMPUS ON PROPERTY
GENERALLY LOCATED EAST OF BLACK RAIL ROAD AND
SOUTH OF POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: REDEEMER BY THE SEA
CASE NO.: CDP 00-64
WHEREAS, Redeemer by the Sea Lutheran Church of Carlsbad, “Developer
and Owner,” has filed a verified application with the City of Carlsbad regarding property
described as
The north half of the southwest quarter of the southeast
quarter of section 22, township 12 south, range 4 west, San
Bernardino base and meridian, in the County of San Diego,
State of California, according to official plat thereof.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - ccXn dated January 2, 2002, on file in the
Planning Department, REDEEMER BY THE SEA - CDP 00-64 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of January 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 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.
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B)
Findinps:
That based on the evidence presented at the public hearing, the Commission APPROVES REDEEMER BY THE SEA - CDP 00-64 based on the following
findings and subject to the following conditions:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the proposed project is in compliance with
all of the development standards of the underlying zone, the proposed residential
density is within the density range established by the Mello II segment, and is
consistent with the intent of the individual policies of the applicable Local Coastal
Program overlay zones.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project does not preclude access to nor does it diminish
public recreation areas within the coastal zone
3. That the project is conditioned to include erosion control (Chapter 21.203.040(B)(4)
consistent with the intent of the Coastal Resource Protection overlay zone policy.
4. Conversion of the site from agricultural production to urban uses is allowed per the
Coastal Program, however, mitigation is required as specified in Policy 2-1 of the
Mello II segment of the Coastal Program and an Agricultural Conversion
Mitigation Fee will be applied as a condition of approval.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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
laws and regulations 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
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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.
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, ami (4 Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the . facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Coastal Developmen’t Permit 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 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
following:
A. Right-of-Way improvements to Poinsettia Lane.
B. Right of Way improvements to Black Rail Road.
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.
This approval is granted subject to the approval of CT 00-22 and CUP 00-44 and is
subject to all conditions contained in Planning Commission Resolutions No. 5122 and
5123 for those other approvals
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to be between April 1 and October 1 of each year. All areas disturbed by grading
shall be planted within 60 days of initial disturbance and prior to October 1 with
temporary or permanent (in the case of finished slopes) erosion control methods. The
October 1 grading season deadline may be extended with the approval of the City
Engineer subject to implementation by October 1 of erosion control measures designed to
prohibit discharge of sediments off-site during and after the grading operation is
completed. Extensions beyond November 15 may be allowed in areas of very low risk of
impact to sensitive coastal resources.
The Developer shall dedicate on the final map, an open space easement over all of
lot 13 to prohibit any encroachment or development, including but not limited to
decks, storage buildings, pools, spas, stairways and non-native landscaping.
Structures which reduce the potential for localized erosion and slide hazards are
allowed by issuance of this Coastal Development Permit CDP 00-64.
The agricultural mitigation fee shall be paid prior to the issuance of a grading
permit.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas.. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work 9th established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
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C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of January 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
SEENA TRIGAS, Chairpe
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.?I&LZ&LER
Planning Director
PC RESO NO. 5124