HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60521 PLANNING COMMISSION RESOLUTION NO. 6052
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE
4 CONSTRUCTION OF 16 SINGLE-FAMILY RESIDENCES ON
5 A 5.09 ACRE SITE LOCATED ON THE SOUTHEAST
CORNER OF BLACK RAIL ROAD AND SONGBIRD AVENUE
6 WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM (LCP) AND LOCAL FACILITIES
7 MANAGEMENT ZONE 20.
CASE NAME: BLACK RAIL STATION
8 CASE NO.: CDP 05-33
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WHEREAS, Black Rail LLC, "Developer/Owner," has filed a verified
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application with the City of Carlsbad regarding property described as
12 The south half of the northwest quarter of the northwest
quarter of the northeast quarter of Section 27, T12S, R4W,
13 SBBM, in the City of Carlsbad, County of San Diego, State of
California
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("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Coastal
17 Development Permit as shown on Exhibits "A" - "T" dated April 5, 2006, on file in the
18 Planning Department, BLACK RAIL STATION - CDP 05-33 as provided by Chapter
19 21.201.040 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 5th day of April 2006, hold a
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~~ duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the CDP.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:28
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES BLACK RAIL STATION - CDP 05-33 based on the following
findings and subject to the following conditions:
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Findings;
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1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is designated for single-family
5 development and the project consists of the construction of 16 single-family homes
on previously subdivided and graded single-family lots; the development does not
7 obstruct views of the coastline as seen from public lands or public rights-of-way or
otherwise damage the visual beauty of the coastal zone; and no agricultural
activities, sensitive resources, geological instability, or coastal access opportunities
0 exist on the previously subdivided lots.
10 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project is not located adjacent to the shore. Therefore,
11 the project will not interfere with the public's right to physical access to the sea and
the site is not suited for water-oriented recreational activities.12
3. 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
14 Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
15 Program (JURMP) 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.
17 4. The project is not located between the sea and the first public road parallel to the sea and,
18 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
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»„ 5. The Planning Director has determined that
21 a. the project is a project for which a Negative Declaration was previously adopted
[15162].
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b. this project is consistent with the Project cited above;
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24 c. The Negative Declaration was adopted in connection with the prior project or
plan;
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d. the project has no new significant environmental effect not analyzed as significant
2° in the prior Negative Declaration;
27 e. none of the circumstances requiring a Subsequent Negative Declaration or a
28 Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist.
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6. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit.
7 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
10 issued under the authority of approvals herein granted; record a notice of violation on the
property title; 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.
13 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
14 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.
16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
17 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
- Q 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
20 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
21 all requirements of law.
22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
24 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
27 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
28 all legal proceedings have been concluded and continues even if the City's approval is not
validated.
PC RESO NO. 6052 -3-
6. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
2 the Site Plan reflecting the conditions approved by the final decision making body.
3 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
^ obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required
6 as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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9. 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
9 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
10 facilities will continue to be available until the time of occupancy.
10. This approval is granted subject to the previously approved conditions contained in
j2 Planning Commission Resolutions No. 5828, 5829, 5830, 5831, and 5832 approving the
Negative Declaration, ZC 04-01, LCPA 04-02, CT 04-01, and CDP 04-01.
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11. The applicant shall apply for and be issued building permits for this project within two
14 (2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
16 12. Approval is granted for Coastal Development Permit as shown on Exhibits "A" - "T",
dated April 5, 2006, on file in the Planning Department and incorporated herein by
17 reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.18
19 13. Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area
for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall prohibit
20 the storage of recreational vehicles in the required front yard setback.
21 14. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice
22 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
23 City of Carlsbad has issued a Coastal Development Permit by Resolution(s) No. 6052
on the property. Said Notice of Restriction shall note the property description, location of
24 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
26 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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15. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
2° the Planning Director, in the sales office at all times. All sales maps that are distributed
PC RESO NO. 6052 -4-
or made available to the public shall include but not be limited to trails, future and
2 existing schools, parks and streets.
3 16. Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
^ posted until ALL of the units are sold.
17. Developer shall post aircraft noise notification signs in all sales and/or rental offices
6 associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
7 Department).
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18. Approval of this request shall not excuse compliance with all applicable sections of the
9 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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19. Premise identification addresses shall be provided consistent with Carlsbad Municipal
11 Code Section 18.04.320.
12 20. Any signs proposed for this development shall at a minimum be designed in conformance
13 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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15 NOTICE
16 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
17 "fees/exactions."
18 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
19 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
20 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
71 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 fees/exactions
23 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
25 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of April 2006, by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
NOES:
ABSENT:
ABSTAIN:
MARTELL B. MONTGOMERY, LMrperson
CARLSBAD PLANNING COMMISSION
ATTES
'NEU /
Assistant Planning Director
PCRESONO. 6052 -6-