HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 6232PLANNING COMMISSION RESOLUTION NO. 6232
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO
YEAR EXTENSION OF A TENTATIVE TRACT MAP TO
3 SUBDIVIDE A 21.9 ACRE SITE INTO 5 SINGLE-FAMILY
RESIDENTIAL LOTS, ONE OPEN SPACE LOT, AND ONE
4 PRIVATE STREET LOT ON PROPERTY GENERALLY
5 LOCATED NORTH OF FARADAY AVENUE AT THE
SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL
6 FACILITIES MANAGEMENT ZONE 8 AND THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM.
7 CASE NAME: KIRGIS SUBDIVISION
CASE NO.: CT 02-06X1
o
9 WHEREAS, Pergola Nevada, LLC., "Developer/Owner," has filed a verified
10 application with the City of Carlsbad regarding property described as
11 All that portion of Lot "F" of Rancho Agua Hedionda, in the
i 2 County of San Diego, State of California, as shown on Partition
Map thereof No. 823, filed in the Office of the County
13 Recorder of San Diego County, on November 16,1896
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
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Map extension as shown on Exhibits "A" - "C" dated September 3, 2003, on file in the
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Carlsbad Planning Department, KIRGIS TENTATIVE MAP - CT 02-06X1, as provided by18
19 Chapter 20.12 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did on the 3rd day of September 2003,
21 on the 17th day of September 2003, and on the 5th day of November 2003 consider CT 02-
22 06;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 persons desiring to be heard, said Commission considered all factors
26 relating to the Tentative Tract Map; and
27 WHEREAS, the City Council did on the 2nd day of March 2004 consider CT
28 02-06; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of persons desiring to be heard, said Council considered all factors relating
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to the Tentative Tract Map; and4
5 WHEREAS, on March 2, 2004, the City Council approved, CT 02-06, as
6 described and conditioned in City Council Resolution No. 2004-068.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
9
A) That the foregoing recitations are true and correct.
10
B) That based on the evidence presented at the public hearing, the Commission
APPROVES KIRGIS SUBDIVISION - CT 02-06X1, based on the following
12 findings and subject to the following conditions:
13 Findings:
14 1. All the findings contained in City Council Resolution No. 2004-068 dated March 2,
2004 for CT 02-06 are incorporated herein by reference and remain in effect
because the design and improvements of the subdivision are consistent with the
General Plan in that the project is within the density range of 0-1.5 dwelling units
per acre; because the project is consistent with the Subdivision Ordinance (Title 20)
17 and the Planned Unit Development Ordinance (Section 21.45 of the Zoning
Ordinance) in that all of the lot sizes and improvements meet the standards
1 ° established by those ordinances and the Local Facilities Management Plan.
19 2. That the applicant has been pursuing those acts required to obtain a final map
2Q including identifying and acquiring mitigation land and preparing improvement
plans and bonds.
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3. That a two-year extension is appropriate in that the project site is small and
22 therefore does not benefit from the economy of scale; the applicant has expended
funds for the identification and acquisition of mitigation land in the City of
Carlsbad which is increasingly more difficult as well as for the preparation of
24 improvement plans; the development of the site with 5 custom homes will also
include the preservation of 16.5 acres of open space which will benefit the City's
25 Open Space preserve system; and would allow the owner/applicant to preserve
existing property entitlements while satisfying the conditions for a 7 lot subdivision
26 (GPA 03-01, ZC 03-01, LCPA 03-01, CT 02-06, PUD 02-02, CDP 02-05 and HDP 04-
27
4. The Planning Director has determined that:
PC RESO NO. 6232 -2-
a. the project is a project for which a Mitigated Negative Declaration and
2 Mitigation Monitoring and Reporting Program, Kirgis Subdivision, CT 02-
06, dated March 2, 2004, (City Council Resolution No. 2004-067) was
3 previously adopted [ 15162];
4 b. this project is consistent with the project sited above;
5 c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program was adopted in connection with the prior project or plan;
7 d. the project has no new significant environmental effect not analyzed as significant
in the prior Mitigated Negative Declaration and Mitigation Monitoring and
8 Reporting Program; and
e. none of the circumstances requiring a Subsequent Mitigated Negative
, „ Declaration under CEQA Guidelines Section 15162 exists.
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
12 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;
15 1. This approval is granted subject to the approval of PUD 02-02x1 and HDP 02-Olxl and
is subject to all conditions contained in Planning Commission Resolutions No. 6233 and
16 6234 for those other approvals and is subject to approval of CDP 02-05x1 by the
Planning Director.
2. All the conditions contained in City Council Resolution No. 2004-068 dated March
2, 2004 for CT 02-06 are incorporated herein by reference and remain in effect,
19 except Conditions No. 25 and 26 are deleted, Condition No. 23 is deleted and
replaced by Conditions No. 3 and 4 below, Condition No. 32 is deleted and replaced
with Condition No. 5 below, Condition No. 51 is deleted and replaced with
Condition No. 6 below.
22 3. 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
23 Planning Director in relation to the open space lot(s) which are being conserved for
natural habitat in conformance with the city's Habitat Management Plan:
25 a) Select a conservation entity, subject to approval by the City, that possesses
qualifications to manage the open space lot(s) for conservation purposes.
26 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.
~o c) Based on the results of the PAR, provide a non-wasting endowment or other
financial mechanism acceptable to the Planning Director and conservation entity,
PC RESO NO. 6232 -3-
if any, in an amount sufficient for management and monitoring of the open space
2 lot(s) in perpetuity. The Conservation Easement shall provide that the non-
wasting endowment shall transfer to the City if the City accepts the Irrevocable
3 Offer to Dedicate fee title to the open space lot(s).
d) Record a Conservation Easement over the open space lot(s) which includes an
Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City.
e) Prepare an Interim Management Plan which will ensure adequate management of
the open space lot(s) until such time as a permanent preserve management plan is
6 prepared and approved by the City.
7 4. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the environmental
9 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
10 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
12 with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. The fee shall be paid prior to recordation of a final map, or issuance of a
13 grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee
for this project is not paid, this project will not be consistent with the Habitat
14 Management Plan and the General Plan and any and all approvals for this project shall
become null and void."
Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
17 the private improvements: streets, sidewalks, street lights, storm drain facilities and
permanent post-construction storm water quality best management practices located
1 ° therein and to distribute the costs of such maintenance in an equitable manner among the
owners of the properties within the subdivision. Additionally, the CC&Rs and/or other
recorded document shall obligate individual property owners to maintain any and all
20 permanent BMPs within individual property ownership, in perpetuity, according to the
recommendation put forward in an approved Storm Water Management Plan report.
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6. 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)."
23 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
24 the California Regional Water Quality Control Board, or any subsequent Orders, and City
of Carlsbad Municipal Code. The SWMP shall address Best Management Practice (BMP)
measures to preclude, mitigate or otherwise treat said pollutants from storm water
discharges, to the maximum extent practicable (MEP), for the post-construction stage of
the project. At a minimum, the SWMP shall:
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a. Identify existing and post-development on-site pollutants-of concern;
28 b. Identify the hydrdlogic unit this project contributes to and impaired water bodies
that could be impacted by this project;
PC RESO NO. 6232 -4-
c. Propose source controls, site design and treatment control BMPs that will be
2 implemented with this project to preclude, mitigate or otherwise treat said
pollutants to remove them from storm water discharges to the MEP before
3 discharging to dedicated open space/Habitat Management Plan areas;
d. Establish specific procedures for handling spills and routine clean up and include
them within the CC&Rs. Special considerations and effort shall be applied to
s- resident education on the proper procedures for handling clean up and disposal of
pollutants;
6 e. Ensure long-term maintenance of all post construct BMPs in perpetuity; and
f. Identify how post-development runoff rates and velocities from the site will not
7 exceed the pre-development runoff rates and velocities to the maximum extent
practicable8
9 7. This Tentative Map is granted for a period of two (2) years retroactively from
March 2,2006 through March 2,2008.
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NOTICE
Please take NOTICE that approval of your project includes
reservations, or other exactions hereafter collectively
"fees/exactions."
the "imposition" of fees, dedications,
referred to for convenience as
You have 90 days from date of approval to protest imposition of these fees/exactions. 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 fees/exactions
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 3rd day of January 2007, by the
following vote, to wit:
AYES: Commissioners Cardosa, Douglas, Segall and Whitton
NOES: Chairperson Montgomery, Commissioners Baker and Dominguez
ABSENT:
ABSTAIN: |
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"5J r**J J»
MARTELL B. MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:r\ ^*\Aw\s fa*
DON NEU
Assistant Planning Director
PC RESO NO. 6232 -6-