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
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("the Property"); and
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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
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WHEREAS, on January 5, 2005, the Planning Commission approved, CT 04-
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~<. 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
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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
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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.
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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:
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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.
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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.
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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
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8 e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Section 15162 exists.
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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.
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Conditions;
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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.
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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.
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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.
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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.
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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.
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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.
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11. This Tentative Map is granted for a period of two (2) years retroactively from
15 January 5,2007 through January 5,2009.
NOTICE
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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.
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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