HomeMy WebLinkAbout2004-11-17; Planning Commission; Resolution 57721
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PLANNING COMMISSION RESOLUTION NO. 5772
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 04-16 TO ALLOW
THE CONSTRUCTION OF TWELVE SINGLE-FAMILY
RESIDENCES WITHIN THE CITY’S COASTAL ZONE
LOCATED ON FISHERMAN DRIVE WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: LA SUVERA
CASE NO.: CDP 04-16
WHEREAS, Craftsman Carlsbad, I, LLC, “Developer/Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
Lots 1 through 13 of the City of Carlsbad Tract No. 00-22, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 14625, filed in the Office of the
County Recorder of San Diego County July 9,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “11” dated November 17,2004, on file in the
Planning Department, LA SUVERA - CDP 04-16 as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November 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.
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) That based on the evidence presented at the public hearing, the Commission
APPROVES LA SUVERA - CDP 04-16 based on the following findings and
subject to the following conditions:
Findings:
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That the proposed development is in conformance with the Mello I1 segment of the
Certified Local Coastal Program and all applicable policies in that the project is the
construction of 12 single family homes on graded pads proposed entirely within the
development limits established by a previously approved Coastal Development
Permit.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that it will not preclude access to the beach or other significant
coastal resource.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) in that the creation of the existing pads
was done adhering 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 (JUMP) to avoid increased urban run off,
pollutants and soil erosion. No steep slopes or native vegetation is 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 project for which a Negative Declaration (Redeemer by the Sea,
CT 00-22 and CDP 00-64, dated January 2,2002) was previously adopted;
b. this project is consistent with the project cited above;
c. a Negative Declaration was adopted in connection with the prior project
(Redeemer by the Sea, CT 00-22 and CDP 00-64, dated January 2,2002);
d. the project has no new significant environmental effect not analyzed as significant
in the prior Negative Declaration; and
e. none of the circumstances requiring a Subsequent Negative Declaration or a
Supplemental EIR under CEQA Guidelines Sections 15 162 exist.
That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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.
PC RES0 NO. 5772 -2-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
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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 modifl 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.
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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
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, and (c)
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.
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.
PC RES0 NO. 5772 -3 -
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7.
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The Developer shall provide proof to the Director from the School District that this
project has satisfied its obligation to provide school facilities.
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.
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 2 1.20 1.2 10 of the Zoning Ordinance.
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.
Prior to final inspection and occupancy of the first residential unit, the Developer
shall execute a document or documents, to the satisfaction of the Planning Director
and the City Attorney, in relation to the open space lot 13 to ensure the following:
a. Select a conservation entity, subject to the approval by the Planning Director,
that possesses the necessary qualifications to hold title to the open space lot
and ensure management of the open space lot for conservation purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the
Planning Director for estimating the costs of management and monitoring of
the open space lot 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 in perpetuity.
Transfer fee title to the open space lot to the selected Conservation entity, or
execute a document to ensure the future transfer of ownership of the open
space lot along with a non-wasting endowment, to the City or its designee, to
provide for the management, monitoring, and conservation of the open space
lot in perpetuity consistent with the Carlsbad HMP.
b.
c.
d.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
PC RES0 NO. 5772 -4-
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13.
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Prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the City to purchase 2.11 offsite affordable
housing credits in Villa Loma. The draft Affordable Housing Agreement shall be
submitted to the Planning Director no later than 60 days prior to the request of building
permits. The recorded Affordable Housing Agreement shall be binding on all future
owners and successors in interest.
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
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.
Plan One and Plan Three shall offer as an option french doors or their equivalent
for direct access from their respective living rooms.
Prior to issuance of a grading permit or building permit, whichever occurs first the
Agricultural Conversion Mitigation Fee according to the latest fee schedule, shall be
paid per net acre of agricultural land within this residential subdivision that was
converted to urban development by the approval of grading consistent with the
plans for CT 00-22 and CDP 00-64.
Engineering
17. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
18. 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
Stormwater Mitigation Plan (SUSMP), Order 200 1-0 1 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 S WMP shall:
A) identify existing and post-development on-site pollutants-of-concern;
PC RES0 NO. 5772 -5-
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Fire
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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; and
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.
Homes on Lots 8 through 12 shall be constructed with 1-hour fire exterior walls and
features rated in conformance with the California Building Code.
The project shall strictly adhere to the landscape guidelines illustrated for each of
the three 20 foot fire suppression zones adopted in the Carlsbad Landscape Manual.
The CC&Rs for the subdivision, as required by the approval of CT 00-22, shall be
amended to include an exhibit that clearly illustrates the fire suppression zones on
Lots 8 through 12 and the landscape restrictions for each zone.
No combustible or wood fencing is permitted within 100 feet of undisturbed natural
vegetation.
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RES0 NO. 5772 -6-
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C mmissi
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
of the City of Carlsbad, California, held on the 17th day of November 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER~
Planning Director
PC RES0 NO. 5772 -7-