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HomeMy WebLinkAbout2007-05-16; Planning Commission; Resolution 6294PLANNING COMMISSION RESOLUTION NO. 6294 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TWO YEAR EXTENSION. OF A TENTATIVE 3 TRACT MAP TO DEVELOP A 15-UNIT AIRSPACE RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88 ACRE 4 SITE GENERALLY LOCATED ON THE NORTH SIDE OF , GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA 6 STREET, WITHIN LOCAL FACILITIES MANANGMENT ZONE 6. 7 CSENAME: VISTA LA COSTA g CASE NO.: CT 04-05x1 9 WHEREAS, Abedi Family Trust, "Owner/Developer," has filed a verified 10 application with the City of Carlsbad regarding property described as 11 AH of Lots 376 and 377 of La Costa South Unit No. 5, \2 according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10,1970 and 13 that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of 15 Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on 16 August 27, 1984 as File no. 84-325375 of Official Records of said San Diego County 17 ("the Property"); and 1 o 19 WHEREAS, said verified application constitutes a request for a Tentative Tract 20 Map Extension as shown on Exhibits "A" - "U" dated January 6,2005, on file in the Planning 21 Department VISTA LA COSTA - CT 04-05, as provided by Chapter 20.12 of the Carlsbad 22 Municipal Code; and 23 WHEREAS, on January 5, 2005, the Planning Commission approved, CT 04- 24 ~<. 05, as described and conditioned in Planning Commission Resolution No. 5815; and 26 WHEREAS, the Planning Commission did, on the 16th day of May, 2007, hold a 27 duly noticed public hearing as prescribed by law to consider CT 04-05x1; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Tentative Tract Map Extension. 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES VISTA LA COSTA - CT 04-05x1, based on the following findings and subject to the following conditions: 10 Findings; 12 1- All the findings in Planning Commission Resolutions No. 5815 (CT 04-05) and 5816 (CP 04-05) dated 13 effect. January 5, 2005 are incorporated herein by reference and remain in 14 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 in that the project remains in 16 compliance with the General Plan, current codes, policies and Growth Management Ordinance requirements as conditioned. 17 3. That the subdivider is diligently pursuing those acts required to obtain a final map for the 18 subdivision in that the applicant has hired an engineering consulting firm to prepare the necessary documents to obtain the approval of the final map. 2Q 4. That all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative map in that a condition has been added 21 establishing that the Condominium Permit (CP 04-01) will expire concurrent with the Tentative Map. 22 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 in that the project 24 remains in compliance with current codes, policies and Growth Management. 25 6. That a two-year extension is appropriate and would allow the owner/applicant to preserve existing property entitlements while actively negotiating with the adjacent 26 property owner for certain construction rights and easements. 27 7. The Planning Director has determined that: 2° a. the project is a project for which a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Vista La Costa, CT 04-05, PC RESO NO. 6294 -2- dated January 5, 2005, (Planning Commission Resolution No. 5812) was 2 previously adopted [ 15162]; 3 b. this project is consistent with the project sited above; 4 c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was adopted in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration and Mitigation Monitoring and 7 Reporting Program; and > 8 e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exists. 9 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 j I 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. 12 Conditions; 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 16 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 1' 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 issued under the authority of approvals herein granted; record a notice of violation on the 19 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 20 or a successor in interest by the City's approval of this Tentative Tract Map Extension. 21 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 22 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. 23 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. j^>^ 25 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. 26 4. If any condition for construction of any public improvements or facilities, or the payment 27 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 PC RESO NO. 6294 -3- unless the City Council determines that the project without the condition complies with 2 all requirements of law. 3 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 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 Tentative Tract Map 6 Extension, (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 9 all legal proceedings have been concluded and continues even if the City's approval is not validated. 10 6. This approval is granted subject to the approval of CP 04-Olxl and is subject to all conditions contained in Planning Commission Resolution No. 6295 for this other 12 approval. 13 7. All the conditions contained in Planning Commission Resolution No. 5815 dated January 5, 2005 for CT 04-05 are incorporated herein by reference and remain in effect, except Engineering Conditions No. 27 and 42 of Planning Commission Resolution No. 5815 which are to be deleted and replaced by Conditions 8 and 9 below. 16 8. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or 17 other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, storm drain facilities and permanent post-construction storm water quality best 19 management practices located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the 20 subdivision. Additionally, the CC&Rs and/or other recorded document shall obligate individual property owners to maintain any and all permanent BMPs 21 within individual property ownership, in perpetuity, according to the 22 recommendation put forward in an approved Storm Water Management Plan report. 23 9. Prior to the issuance of grading permit or building permit, whichever occurs first, 24 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Runoff Management Plan (SUSMP), Order 2001-01 issued by the 25 San Diego Region of the California Regional Water Quality Control Board, or any subsequent Orders, and City of Carlsbad Municipal Code. The SWMP shall 27 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: PC RESO NO. 6294 -4- i. Identify existing and post-development on-site pollutants-of concern; 2 ii. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 3 iii. Propose source controls, site design and treatment control BMPs that will be implemented with this project to preclude, mitigate or otherwise treat said 4 pollutants to remove them from storm water discharges to the MEP before r discharging to dedicated open space/Habitat Management Plan areas; iv. Establish specific procedures for handling spills and routine clean up and 6 include them within the CC&Rs. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up 7 and disposal of pollutants; v. Ensure long-term maintenance of all post construct BMPs in perpetuity; vi. Identify how post-development runoff rates and velocities from the site will 9 not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 10 10. Developer shall cause property owner to process, execute and submit an executed 11 copy to the City Engineer for recordation a City standard Best Management 12 Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 13 BMPs prior to the issuance of a grading permit or building permit, or the recordation of a final map, whichever occurs first for this Project. 14 11. This Tentative Map is granted for a period of two (2) years retroactively from 15 January 5,2007 through January 5,2009. NOTICE 17 1R 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 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 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 2r 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 27 expired. 28 PC RESO NO. 6294 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 \J 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of Commission of the City of Carlsbad, California, held on the 16th day of May, following vote, to wit: AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Douglas, Montgomery, Whitton NOES: ABSENT: ABSTAIN: \L*^ M \01 >. S **&l*Jf^*a JULIE BAKERx Chairperson CARLSBAD-RiANNING COMMISSION ATTEST: Q ~y7 •cjjcyi r &C( DONNEU Planning Director • i PC RESO NO. 6294 -6- the Planning 2007, by the Dominguez, V