HomeMy WebLinkAbout2007-07-18; Planning Commission; Resolution 63231 PLANNING COMMISSION RESOLUTION NO. 6323
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE
4 CONSTRUCTION OF 16 SINGLE-FAMILIY RESIDENCES ON
A 5.64 ACRE SITE GENERALLY LOCATED ON THE EAST
SIDE OF BLACKRAIL ROAD, SOUTH OF POINSETTIA
6 LANE, IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES
7 MANAGEMENT ZONE 20.
CASE NAME: TABATA BLACKRAIL ROAD ESTATES
8 CASE NO.: CDP 06-30
9 WHEREAS, Trans West Housing, Inc., "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Aviara Black Rail Road 16,
12 L.L.C., "Owner," described as
13 A portion of the southwest quarter of the southeast quarter of
Section 22, T12S, R4W, SBBM, in the City of Carlsbad,
14 County of San Diego, State of California
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal
17
Development Permit as shown on Exhibits "A" - "V" dated July 18, 2007, on file in the
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19 Planning Department, TABATA BLACKRAIL ROAD ESTATES - CDP 06-30, as provided
20 by Chapter 21.201.040 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 18th day of July, 2007, 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
28 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 TABATA BLACKRAIL ROAD ESTATES - CDP 06-30 based
on the following findings and subject to the following conditions:
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Findings:
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1. That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program and all applicable policies in that the site is designated
6 in the Mello II Land Use Plan for single-family development and the project consists
of the construction of 16 single-family homes on previously subdivided residential
7 lots; the development does not 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 sensitive resources, public access or shoreline access, or water oriented
Q recreation activities are impacted.
10 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is located over 1 mile from Batiquitos Lagoon and
11 1.5 miles from the Pacific Ocean; therefore, no coastal access areas or water-
oriented recreational activities exist on or near the site or will be affected by the
project.
13 3. The project is consistent with the provisions of the Coastal Agriculture Overlay Zone
14 (Chapter 21.202 of the Zoning Ordinance) in that the project lots were previously
subdivided by CT 03-06 - Tabata Residential Subdivision, and were conditioned to
15 pay the agricultural conversion mitigation fee in that project. This fee was paid
prior to recordation of the Final Map.16
4. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
lg City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
19 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation located on the subject property are
impacted and the site is not located in an area prone to landslides, or susceptible to
21 accelerated erosion, floods, or liquefaction.
22 5. The Planning Director has determined that:
23 a. the project is a project for which a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (Tabata Residential
24 Subdivision - CT 03-06, dated October 19, 2004) was previously adopted
25 [15162];
26 b. this project is consistent with the project cited above;
27 c. the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (Tabata Residential Subdivision - CT 03-06, dated
28 October 19,2004) was adopted in connection with the prior project;
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d. the project has no new significant environmental effect not analyzed as significant
2 in the prior Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (Tabata Residential Subdivision - CT 03-06, dated
3 October 19,2004);
4 e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or
15163 exist; and
6 f. The Planning Commission finds that all feasible mitigation measures identified
7 in the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (Tabata Residential Subdivision - CT 03-06, dated
8 October 19, 2004) which are appropriate to this Subsequent Project have been
p incorporated into this Subsequent Project.
JQ 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 20 and all City public facility policies and
11 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
12 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
. - facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
14 Specifically,
15 A. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.16
, 7 B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of a building permit.
18 7. The Planning Commission has reviewed each of the exactions imposed on the Developer
19 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
20 degree of the exaction is in rough proportionality to the impact caused by the project.
21 Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Building
23 Permit.
24 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
25 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
26 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
2g property title; institute and prosecute litigation to compel their compliance with said
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conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Coastal Development Permit.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
4 them internally consistent and in conformity with the final action on the project.
c 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
7 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
9 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
10 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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 Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
16 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
17 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 all legal proceedings have been concluded and continues even if the City's
j9 approval is not validated.
20 6. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
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22 7. Developer shall implement, or cause the implementation of, the CT 03-06 - Tabata
Residential Subdivision Project Mitigation Monitoring and Reporting Program.
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8. The Developer shall comply with all applicable conditions set forth by CT 03-06 and
24 CDP 03-24 in Planning Commission Resolution Nos. 5722 and 5733.
25 9. Developer shall report, in writing, to the Planning Director within 30 days, any address
26 change from that which is shown on the permit application
27 10. 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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11. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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12. Building permits will not be issued for this project unless the local agency providing
4 water and sewer services to the project provides written certification to the City that
e 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
6 facilities will continue to be available until the time of occupancy.
7 13. Approval is granted for CDP 06-30 as shown on Exhibits "A" - "V", dated July 18,
2007, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
9 conditions
10 14. Prior to the issuance of the building permits, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
12 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Coastal Development Permit by Resolution No. 6323 on the
13 property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
14 conditions or restrictions specified for inclusion in the Notice of Restriction. The
1<. Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
1 g or successor in interest.
17 15. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
18 Section 21.201.210 of the Zoning Ordinance.
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16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
20 #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
21 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
22 Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
23 approval will not be consistent with the General Plan and shall become void
24 17. 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
25 existing schools, parks, and streets.
27 18. 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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19. Developer shall post aircraft noise notification signs in all sales and/or rental offices
2 associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
3 Department).
20. Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area
for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall prohibit
the storage of recreational vehicles in the required front yard setback.
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21. The Developer shall provide written notification to the Planning Department of any
7 color scheme number modifications. Subject to Planning Director approval, the
Developer may change the color scheme number for any of the homes from what is
shown on the approved color scheme sequence sheet (Staff Report Attachment 7),
9 provided the same color scheme number is not used on an adjacent home. Any
modified color schemes shall be selected from the approved project color board and
10 color scheme sequence sheet.
22. The project shall complete an interior noise analysis, compliant with the CCR, Title
, 2 24, Noise Insulation Standards, prior to the issuance of building permits for future
homes to demonstrate that the proposed architectural design would limit interior
13 noise levels to 45 dBA CNEL or less, consistent with the City of Carlsbad Noise
Guidelines Manual.
14"
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16 23. There shall be no combustible construction within 100 feet of undisturbed natural
vegetation. Future homes on lots 8 and 9 shall require additional protective
17 elements in-lieu of an auto-sprinkler system. One-hour construction of the aspects
of future homes facing Fire Suppression Zones shall be required.18
, o Code Reminders:
20 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
21 permit issuance, except as otherwise specifically provided herein.
22 25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
23 Code Section 18.04.320.
24 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
Director prior to installation of such signs.
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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 final 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 18th day of July, 2007, by the
following vote, to wit:
AYES:Chairperson Baker, Commissioners Boddy, Dominguez, Douglas,
Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN: , Commissioner Cardosa
, Chairperson
PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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