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HomeMy WebLinkAbout2007-02-21; Planning Commission; Resolution 6245PLANNING COMMISSION RESOLUTION NO. 6245 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 DEVELOP A 58-UNIT RESIDENTIAL CONDOMINIUM PROJECT ON AN 8.18 ACRE SITE LOCATED ON THE 4 SOUTH SIDE OF LA COSTA AVENUE, EAST OF EL CAMINO 5 REAL AND WEST OF CASTILLA WAY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. 6 CASE NAME: LA COSTA CONDOMINIUMS CASE NO.: CT 02-28x1 7 WHEREAS, Calso, LLC, "Developer/Owner," has filed a verified applicationo 9 with the City of Carlsbad regarding property described as 10 Lot 185 of La Costa South Unit 1, in the City of Carlsbad, in the County of San Diego, State of California, According to map 11 Thereof No. 6117, filed in the Office of the County Recorder of j2 San Diego County, June 3,1968 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Tentative Tract Map extension as shown on Exhibits "A" - "WW" dated February 21, 2007, on file in the 16 Carlsbad Planning Department, LA COSTA CONDOMINIUMS - CT 02-28x1, as provided by 17 Chapter 20.12 of the Carlsbad Municipal Code; and18 19 WHEREAS, on April 13, 2004, the City Council approved, CT 02-28, as 20 described and conditioned in City Council Resolution No. 2004-096; and 21 WHEREAS, the Planning Commission did on the 21st day of February 2007, 22 consider CT 02-28x1; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Tentative Tract Map Extension; and 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 78 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 LA COSTA CONDOMINIUMS - CT 02-28x1, based on the following findings and subject to the following conditions: 3 Findings;4 1. All the findings contained in City Council Resolution No. 2004-096 dated April 13, 2004 for CT 02-28, and referenced in Planning Commission Resolution No. 5555, are incorporated herein by reference and remain in effect. 7 2. That the design and improvement of the subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or growth management policies in ° existence at the time the extension is approved. 3. That the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision, in that a final map, and associated grading and improvement plans have been submitted for the project and are currently undergoing review. 11 4. That all related permits or approvals issued pursuant to Title 21 have been extended to 12 expire concurrent with the tentative map. 5. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative map. ,r 6. The Planning Commission of the City of Carlsbad does hereby find: 16 a. it has reviewed, analyzed, and considered the Addendum to the previously adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the environmental impacts therein identified for this project, , 0 and any comments thereon prior to APPROVING the project; andlo 19 b. the Addendum to the previously adopted Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental 20 Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 22 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 23 d. based on the EIA Part II and comments thereon, there is no substantial evidence 24 the project will have a significant effect on the environment. 7. 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 27 degree of the exaction is in rough proportionality to the impact caused by the project. 28 PC RESO NO. 6245 -2- Conditions: 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 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 r future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 6 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 7 or a successor in interest by the City's approval of this Tentative Tract Map Extension. g 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 9 and modifications to the Tentative Tract Map Extension documents, as necessary to make them internally consistent and in conformity with the final action on the project. 10 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. ^2 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. 13 4. If any condition for construction of any public improvements or facilities, or the payment 14 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 16 unless the City Council determines that the project without the condition complies with all requirements of law. 17 5. 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 jo 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 20 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map Extension, (b) City's approval or issuance of any permit or action, whether discretionary 21 or nondiscretionary, 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 23 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 24 approval is not validated. 25 6. This approval is granted subject to the adoption of an Addendum to the Mitigated 25 Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of SDP 03-18x1, CP 02-13x1, HDP 02-14x1 and HMPP 06-06 and is subject 27 to all conditions contained in Planning Commission Resolutions No. 6244, 6246, 6247, 6248 and 6249 for those other approvals.28 PC RESO NO. 6245 -3- 7. All the conditions contained in City Council Resolution No. 2004-096 dated April 13, 2 2004 for CT 02-28, and referenced in Planning Commission Resolution No. 5555, are incorporated herein by reference and remain in effect, except for the following: 3 With the adoption of the Habitat Management Plan, Condition No. 13 has been deleted and replaced by Condition No. 8 below. Condition No. 24 has been deleted altogether since it has been determined that the project site is not identified as either an existing or proposed HMP Hardline or Standards Preserve Area, and is not a part of the ultimate preserve system. As such, the HMP habitat in-lieu mitigation fees for Habitat Types "D," "E," and "F" apply, and it is no longer necessary to consult with the United States Fish & Wildlife Service regarding impacts to the project and permits. Engineering Condition No. 42 has been deleted and replaced with Condition No. 9 below. Engineering Condition No. 33 has been deleted and replaced with Condition No. 10 below. Engineering Condition No. 52 has been 9 deleted and replaced with Condition No. 11 below. 10 8. 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 ,2 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 13 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 14 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 shall be paid prior to recordation of a final map, or issuance of a 16 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 17 Management Plan and the General Plan and any and all approvals for this project shall become null and void.18 in 9. The project requires extensive remedial grading of the existing slope in the southerly portion of the site. The backfill of removed portions of the slope shall 20 meet Engineering standards with a slope of 2:1 (horizontal to vertical) or flatter. Prior to grading permit issuance, developer shall submit to the City Engineer, for 21 review and approval, a specific grading procedure. The procedure shall have concurrence of the project's Certified Engineering Geologist. Monitoring of ground movement of adjacent structures shall be incorporated in the procedure. Upon City 23 Engineer determination, a third party review of the proposed grading shall be performed. 24 25 26 27 28 PC RESO NO. 6245 -4- 10. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other 2 recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, storm drain facilities and 3 permanent post-construction storm water quality best management practices located therein and to distribute the costs of such maintenance in an equitable manner among the 4 owners of the properties within the subdivision. Additionally, the CC&Rs and/or other r recorded document shall obligate individual property owners to maintain any and all permanent BMPs within individual property ownership, in perpetuity, according to the 6 recommendation put forward in an approved Storm Water Management Plan report.. 7 11. 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 9 Runoff Management Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board, or any subsequent Orders, and City 10 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 , 2 the project. At a minimum, the SWMP shall: i. Identify existing and post-development on-site pollutants-of concern; 13 ii. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 14 iii. Propose source controls, site design and treatment control BMPs that will be implemented with this project to preclude, mitigate or otherwise treat said pollutants to remove them from storm water discharges to the MEP before 16 discharging to dedicated open space/Habitat Management Plan areas; iv. Establish specific procedures for handling spills and routine clean up and include 17 them within the CC&Rs. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of 18 pollutants; , Q v. Ensure long-term maintenance of all post construction BMPs in perpetuity; vi. Identify how post-development runoff rates and velocities from the site will not 20 exceed the pre-development runoff rates and velocities to the maximum extent practicable. 21 12. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Best Management 23 Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 24 BMPs prior to the issuance of the grading permit or building permit, or the recordation of the final map, whichever occurs first.25 13. This Tentative Map Extension is granted for a period of two (2) years retroactively from April 13, 2006 through April 13, 2008. 27 28 PC RESO NO. 6245 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 21st day of February 2007, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Cardosa, Montgomery and Segall NOES: Commissioner Whitton ABSENT: Commissioners Dominguez and Douglas ABSTAIN: JULIB^BAKHR, Chairperson CARLSB7TO PLANNING COMMISSION ATTEST: DON NEU PC RESO NO. 6245 -6-