HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56091
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PLANNING COMMISSION RESOLUTION NO. 5609
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE
YEAR MAP RETROACTIVE EXTENSION OF CARLSBAD
NORTHEAST CORNER OF POINSETTIA LANE AND
AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: CARLSBAD PROMENADE
TRACT CT 00-19 GENERALLY LOCATED ON THE
CASE NO.: CT 00-19x1
WHEREAS, North Coast Calvary Chapel, a California Non-Profit
Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad
regarding property described as
The Northwest Quarter of the Southwest Quarter of the
Southwest Quarter together with the South Half of the
Southwest Quarter of the Southwest Quarter both of Section
22, Township 12 South, Range 4 West, San Bernardino Base
and Meridian, together with Lot 1 of Carlsbad Tract No. 91-
12, according to the Map thereof No. 13394, recorded January
24, 1997 in the office of the County Recorder of San Diego
County, all in the City of Carlsbad, County of San Diego, State
of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map Extension as shown on Exhibits “A” - “H” dated January 16, 2002, on file in the
Planning Department CARLSBAD PROMENADE- CT 00-19x1, as provided by Chapter
20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, 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 persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map Extension; and
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WHEREAS, on March 5, 2002, the City Council approved, CT 00-19, as
described a d conditioned in City Council Resolution No. 2002-060.
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 Commission
APPROVES CARLSBAD PROMENADE - CT 00-19x1, based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
All the findings contained in Planning Commission Resolution No. 5137 dated
January 16, 2002 for CT 00-19 are incorporated herein by reference and remain in
effect.
That a one-year extension is appropriate and necessary as the application for the
extension was made in a timely manner and that the applicant, North Coast Calvary
Chapel, recently acquired the property and the map extension would allow the
property owner/applicant to preserve existing property entitlements while
processing a Conditional Use Permit for development of the site as a church
campus.
The Planning CommissiodCity Council hereby finds that all development in Carlsbad
benefits from the Habitat Management Plan, which is a comprehensive conservation plan
and implementation program that will facilitate the preservation of biological diversity
and provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
Conditions:
1. This approval is granted subject to the approval of HDP 00-10x1 and CDP 0043x1 and
is subject to all conditions contained in Planning Commission Resolutions No. 5610 and
5138 for those other approvals.
PC RES0 NO. 5609 -2-
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2.
3.
4.
All the conditions contained in Planning Commission Resolution No. 5137 dated
January 16,2002 and City Council resolution No 2002-060 dated March 5,2002 for
CT 00-19 are incorporated herein by reference and remain in effect, except for
Conditions No. 25, 26, 27, 28, 29, 30, 33 and 62, which are replaced by new
Conditions 3, 4, 5, 6, 7, 8 and 9, and the addition of Conditions No. 10 through 13
below.
This Tentative Map is granted for a period of one (1) year retroactively from March
5,2004 through March 4,2005.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
A. General Enforcement by the City. The City shall have the right, .but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
B. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have the
right to disapprove. A copy of the final approved amendment shall be transmitted to
City within 30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary maintenance.
If the City elects to perform such maintenance, the City shall give written notice to
the Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
D. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots andor Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
PC RES0 NO. 5609 -3-
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payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an
amount equal to six percent (6%) of the amount of the invoice. Thereafter the City
may pursue collection from the Association by means of any remedies available at
law or in equity. Without limiting the generality of the foregoing, in addition to all
other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal prorata share
of the invoice, plus the late charge. Such special assessment shall constitute a charge
on the land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and hisher respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
E. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth by the approved
landscape plan on file at the City of Carlsbad Planning Department.
5. Prior to recordation of the final map or prior to issuance of a grading permit, whichever
occurs first, the Developer shall take the following actions to the satisfaction of the
Planning Director in relation to the open space lot(s):
a. 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,
b. 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.
c. 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.
6. The Developer shall dedicate on the final map, an open space easement for those portions
of lots 33, 34, 35, 36 and 37 which are (in slopes, wetlands, coastal sage scrub or other
constrained land plus all other lands set aside as part of the Citywide Open Space System)
to prohibit any encroachment or development, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits
<<A99 - “H” dated January 16,2002.
7.’ Removal of native vegetation and development of Open Space Lots 33,34,35, 36 and 37,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways
and landscaping, other than that approved as part of the grading plan, improvement plans,
biological revegetation program, and landscape plan as shown on Exhibits “A” - “H”
dated January 16, 2002 is specifically prohibited, except upon written order of the
Carlsbad Fire Department for fire prevention purposes, or upon written approval of the
Planning Director, and California Coastal Commission, based upon a request from the
PC RES0 NO. 5609 -4-
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8.
9.
10.
11.
12.
Homeowners Association accompanied by a report from a qualified arboridbotanist
indicating the need to remove specified trees and/or plants because of disease or
impending danger to adjacent habitable dwelling units. For areas containing native
vegetation the report required to accompany the request shall be prepared by a qualified
biologist.
Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a
trail easement for trail(s) shown on the tentative map within Open Space Lots 33 and
35. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be
constructed as a public trail and will be the maintenance and liability responsibility of
the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail
easement, the trail shall still be constructed but it shall be constructed as a private trail
and shall be the maintenance and liability responsibility of the Master Homeowners
Association.
Prior to the issuance of building permits, the Developer/Owner shall pay their
project’s fair share contribution for the Bridge and Thoroughfare District No. 2
(B&TD#2) by paying the current fee as established per the City of Carlsbad
Updated Fee Study Report for Bridge and Thoroughfare District No. 2 (Aviara
Parkway - Poinsettia Lane), dated March 4,2002.
As a condition of this approval, 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.
Concurrent with recordation of the final map, transfer fee title to the open space lot(s) to
the selected conservation entity.
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, which provide some benefits to wildlife, as documented in the City’s
Habitat Management Plan and the environmental analysis for this project. Developer is
aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of
the Habitat Management Plan and City Council Resolution No. 2000-223 to fund
mitigation for impacts to certain categories of vegetation and animal species. The
Developer is further aware that the City has determined that all projects will be required
to pay the fee in order to be found consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General Plan. The fee becomes effective
following final approval of the Habitat Management Plan. The City is currently updating
the fee study, which is expected to result in an increase in the amount of the fee. If the
Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee. The fee shall be paid prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
PC RES0 NO. 5609 -5-
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be consistent with the Habitat Management Plan and the General Plan and any an all
approvals for this project shall become null and void.
Engineering:
13. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Runoff Management Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity;
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable; and
provide calculations to verify numeric sizing criteria.
d.
e.
f.
g.
14 Prior to recordation of the Final Map, the developer shall determine if the basin
located on the south side of Poinsettia Lane is functioning properly and that any
necessary mitigation is completed, all subject to the City Engineer’s and Planning
Director’s approval.
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
“feedexac tions .”
You have 90 days from date of 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.
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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
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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