HomeMy WebLinkAbout2006-04-19; Planning Commission; Resolution 60661 PLANNING COMMISSION RESOLUTION NO. 6066
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT AMENDMENT CDP 02-07(A) TO
4 ALLOW THE CONSTRUCTION OF 14 SINGLE-FAMILY
5 HOMES ON PROPERTY GENERALLY LOCATED SOUTH OF
PALOMAR AIRPORT ROAD, EAST OF AVIARA PARKWAY
6 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
7 20.
CASE NAME: EMERALD POINTE ESTATES
8 CASE NO.: CDP 02-07(A)
9
WHEREAS, RWR Homes, "Developer," has filed a verified application with the
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City of Carlsbad regarding property owned by Saddleview, LLC, "Owner," described as
12 Lots 1-14 of the City of Carlsbad Tract CT 02-07, Emerald
Pointe Estates in the City of Carlsbad, County of San Diego,
13 State of California, according to map no. thereof no. 15222
filed in the Office of the County Recorder of San Diego County
14 on December 22,2005 as File No. 2005-1098766
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "BB" dated April 19, 2006, on file in the18
19 Planning Department, EMERALD POINTE ESTATES - CDP 02-07(A), as provided by
20 Chapter 21.201.040 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 19th day of April 2006, hold a
22 duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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26 relating to the CDP.
27 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.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES CDP 02-07(A) - EMERALD POINTE ESTATES based on the
following findings and subject to the following conditions:
3
Findings;4
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 14 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
o 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 no coastal access areas or water oriented recreational
11 activities exist on or near the site.
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
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
14 Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No steep
15 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.16
1 „ 4. The Planning Director has determined that:
18 a. the project is a project for which a Mitigated Negative Declaration, Addendum
and Mitigation Monitoring and Reporting Program (Emerald Pointe Estates
19 - CT 02-07, dated October 5,2004) was previously adopted [ 15162];
20 b. this project is consistent with the project cited above;
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c. the Mitigated Negative Declaration, Addendum and Mitigation Monitoring
22 and Reporting Program (Emerald Pointe Estates - CT 02-07) was adopted in
connection with the prior project;
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24 d. the project has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration, Addendum and
25 Mitigation Monitoring and Reporting Program;
2" e. none of the circumstances requiring further environmental compliance under
CEQA Guidelines Sections 15162 or 15163 exist; and
28 f- the Planning Commission finds that all feasible mitigation measures identified in
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
PC RESO NO. 6066 -2-
1 Program (Emerald Pointe Estates project - CT 02-07, dated October 5, 2004)
2 which are appropriate to this Subsequent Project have been incorporated into this
Subsequent Project.
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5. The Planning Commission has reviewed each of the exactions imposed on the Developer
4 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;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
8 grading and/or building permit.
9 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
10 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
11 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
1 issued under the authority of approvals herein granted; record a notice of violation on the
,0 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
14 or a successor in interest by the City's approval of this Coastal Development Permit.
15 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
1, 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.
17 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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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.
20 4. If any condition for construction of any public improvements or facilities, or the payment
21 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
22 66020. If any such condition is determined to be invalid this approval shall be invalid
7™ unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
25 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
27 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit
Amendment, (b) City's approval or issuance of any permit or action, whether
28 discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
PC RESO NO. 6066 -3-
including without limitation, any and all liabilities arising from the emission by the
2 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
3 approval is not validated.
6. Developer shall implement, or cause the implementation of all applicable mitigation
<- measures required by the Emerald Pointe Estates project (CT 02-07, dated October
5, 2004) Mitigation Monitoring and Reporting Program, as contained in City Council
6 Resolution No. 2004-318 and Planning Commission Resolution No. 5643.
o
7. The Developer shall comply with all applicable conditions set forth by CT 02-07 in
Resolution No. 5647, which are incorporated by reference herein.
9 8. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
10 body.
9. 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.
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10. 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.
16 11. 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
17 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.
19 12. Approval is granted for Coastal Development Permit Amendment CDP 02-07(A) as
20 shown on Exhibits "A" through "BB", dated April 19, 2005, on file in the Planning
Department and incorporated herein by reference. Development shall occur substantially
as shown unless otherwise noted in these conditions.
22 13. The applicant shall apply for and be issued building permits for this project within two
23 (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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14. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
26 15. Prior to issuance of a building permit, the developer shall provide the Planning
27 Department with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the Planning Director.
PC RESO NO. 6066 -4-
16. Prior to the issuance of building permits, Developer shall submit to the City a Notice of
2 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
3 City of Carlsbad has issued a Coastal Development Permit Amendment by Resolution
No. 6066 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
c 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
6 notice, which modifies or terminates said notice upon a showing of good cause by the
Developer or successor in interest.
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17. Prior to issuance of a Building Permit, disclosures shall be prepared and approved
by the Planning Director and City Attorney for the homeowner's signature on all
9 lots where the fire protection zones extend into the rear yards. The disclosure shall
include a site plan of the lot, the location of the fire suppression zones, and the fuel
10 modification standards required for the various zones. Such disclosure shall also be
posted in the sales office. It shall be developer's obligation to have the disclosure
executed by homebuyers prior to close of escrow on lots to which the restriction
applies.
13 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such
16 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
17
19. If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
19 Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
20 shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
23 regarding those fees or taxes can be obtained.
24 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
26 existing schools, parks and streets.
27 21. 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.
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22. Prior to the recordation of the first final map or the issuance of building permits,
2 whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
3 Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).4
,- 23. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
6 approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
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24. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
9 permit issuance, except as otherwise specifically provided herein.
10 25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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j2 26. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
13 Director prior to installation of such signs.
14 27 The forward facing garage doors on the Plan 1 Tuscan unit shall have a minimum
width of 9 feet, and the forward facing garage doors on the Plan 2 Tuscan shall be
replaced by a single opening door with a minimum width of 16 feet.
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NOTICE
17
jg 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
19 "fees/exactions."
20 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
?1 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
22 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
23 annul their imposition.
24 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
25 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
26 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
2' expired.
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PC RESO NO. 6066 -6-
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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 19th day of April 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioner Baker, Cardosa,
Heineman, Segall and Whitton
ABSENT: Commissioner Dominguez
ABSTAIN:
MARTELL B. MONfGOMER^Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PC RESO NO. 6066 -7-