HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 55911
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PLANNING COMMISSION RESOLUTION NO. 5591
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL, DEVELOPMENT PERMIT
LOCATED NORTH OF LEVANTE STREET AND WEST OF EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 23.
AMENDMENT CDP 98-04(A) ON PROPERTY GENERALLY
CASE NAME:
CASE NO.: CDP 98-04(A)
LA COSTA GLEN - NORTH SITE
WHEREAS, Continuing Life Communities LLC, a California Limited
Liability Company, “Developer/Owner,” has filed a verified application with the City of
Carlsbad regarding property described as
All that portion of Lots 1, 7, 8, and 9 and Levante Street and
Rush Rose Street of City of Carlsbad Tract No. 92-08, Green
Valley, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 13997, filed in the
Office of the County Recorder of San Diego County, July 10,
2000
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit Amendment as shown on Exhibits “A” - “Z,” “Al” - “A59,” and “Ll” -
L11” dated April 7, 2004, on file in the Planning Department, LA COSTA GLEN - NORTH
SITE - CDP 98-04(A) as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April 2004 and on
the 21st day of April 2004 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 Amendment; and
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WHEREAS, on April 6, 1999, the City Council approved, CDP 98-04, as
described and conditioned in Planning Commission Resolution No. 4448.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of LA COSTA GLEN - NORTH
SITE - CDP 98-04(A) based on the following findings and subject to the
following conditions:
FlndinPs :
1.
2.
3.
4.
That the proposed development is in conformance with the East Batiquitos
Lagoon/Hunt segment of the Certified Local Coastal Program and all applicable policies
in that the project is consistent with all the requirements of the Green Valley Master
Plan, which is the adopted implementing ordinance for the portion of the Local
Coastal Program covering the Green Valley property. The project meets or exceeds
all Local Coastal Program policies and the development standards of the Green
Valley Master PIan, including stormwater management, landscaping, wetlands
preservation, pedestrian access, trail head parking, and maximum building height
of 35 feet.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that a public trail was constructed with an earlier phase of the
La Costa Glen development providing the appropriate level of access for the public
through the La Costa Glen property.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) 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 run off, pollutants and soil erosion. No steep
slopes or native vegetation are located on the subject property and the site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
The Planning Director has determined that:
a. the project is a subsequent activity of the Green Valley Master Plan for which a
program EIR was prepared, and a notice for the activity has been given, which
includes statements that this activity is within the scope of the program approved
earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA].
this project is consistent with the Master Plan cited above; b.
PC RES0 NO. 5591 -2-
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c.
d.
EIR 92-03 was certified in connection with the prior Master Plan;
the project has no new significant environmental effect not analyzed as significant
in the prior EIR;
none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist;
all feasible mitigation measures or project alternatives identified in the EIR 92-03
which are appropriate to this Subsequent Project have been completed in phase
one, incorporated into this Subsequent Project, or are required as ongoing
conditions of approval for the overall project.
e.
f.
5. 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:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
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 faiI 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. 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 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.
PC RES0 NO. 5591 -3-
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5.
6.
7.
8.
9.
10.
11.
12.
13.
Developer/Operator shall and does hereby agree to indemnifjr, 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, and (c)
DeveloperDperator’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.
Prior to the issuance of building permits, 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 Coastal Development Permit by Resolution No. 5591 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.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
Development of the La Costa Glen -North Site (phase two) is subject to this
Planning Commission Resolution No. 5591 which supercedes Planning Commission
Resolution No. 4448.
This approval is granted subject to the approval of SDP 98-01(A) and CUP 98-01(A) and
is subject to all conditions contained in Resolutions No. 5590 and 5592 for those other
approvals incorporated herein by reference.
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.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
Developer shall implement, or cause the implementation of, the Green Valley Master
Plan Mitigation Monitoring and Reporting Program.
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 April 1 to October 1 of each year. All areas disturbed by grading shall be
PC RES0 NO. 5591 -4-
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14.
15.
16.
...
...
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 offsite 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 and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
If grading must be prohibited from March 1st to October 1st for Least Bells Vireo,
grading activities are allowed during a portion of the “rainy season”. All erosion control
and re-vegetation measures must be hlly implemented prior to the grading prohibition
period. Any extensions must receive written approval of the City Engineer and the
responsible wildlife agencies (California Department of Fish and Gamemnited States
Fish and Wildlife Service).
Applicant must comply with the requirements of all regulatory agencies having
jurisdiction over the project and any mitigation requirements of the environmental
documents for the project. Pursuant to Government Code section 65871 and Carlsbad
Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a
conservation easement for the conservation, protection, and management of fish, wildlife,
native plants and the habitat necessary for biologically sustainable populations of certain
species thereof, in accordance with the City’s adopted Habitat Management Plan.
Prior to issuance of a building permit, the Developer shall take the following actions to
the satisfaction of the Planning Director in relation to the open space lot(s):
a.
b.
C.
d.
Select a conservation entity, subject to approval by the City, that possesses the
necessary qualifications to hold title to the open space lot(s) and manage it for
conservation purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the City
for estimating the costs of management and monitoring of the open space lot(s) in
perpetuity.
Based on the results of the PAR, provide a non-wasting endowment to the
selected conservation entity in an amount sufficient for management and
monitoring of the open space lot(s) in perpetuity.
Concurrent with recordation of the final map, transfer fee title to the open space
lot(s) to the selected conservation entity.
PC RES0 NO. 5591 -5-
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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 feedexactions. 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 feedexactions
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 21st day of April 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELjSSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
‘ \.w
MICHAEL J. HO~&VIILL%
Planning Director
PC RES0 NO. 5591 -6-