HomeMy WebLinkAbout2008-02-06; Planning Commission; Resolution 6383PLANNING COMMISSION RESOLUTION NO. 6383
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO-
YEAR EXTENSION OF CARLSBAD TRACT CT 02-17 TO
3 SUBDIVIDE AND GRADE AN 81.3 ACRE SITE INTO 49
STANDARD SINGLE-FAMILY LOTS AND THREE OPEN
4 SPACE LOTS GENERALLY LOCATED SOUTHEAST OF
5 RANCHO SANTA FE ROAD ALONG THE CITY'S EASTERN
BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE
6 11.
CASE NAME: SHELLEY PROPERTY
7 CASE NO.: CT 02-17x1
8 WHEREAS, Fair Oaks Valley, LLC, "Developer/Owner," has filed a verified
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application with the City of Carlsbad regarding property described as
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That portion of the east half of Lot 6 of Rancho Las Encinitas,
1* in the City of Carlsbad, County of San Diego, State of
12 California, according to Map thereof No. 848, filed in the
Office of the County Recorder of San Diego County, June 27,
13 1898. (APN 223-061-01-00 and 223-061-02-00)
14 ("the Property"); and
1^ WHEREAS, said verified application constitutes a request for a Tentative Tract
Map Extension as shown on Exhibits "A" - "Z" dated August 17, 2005, on file in the Planning
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Department SHELLEY PROPERTY - CT 02-17, as provided by Chapter 20.12 of the
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Carlsbad Municipal Code; and
20 WHEREAS, on September 27, 2005, the City Council approved, CT 02-17, as
21 described and conditioned in City Council Resolution No. 2005-294; and
22 WHEREAS, the Planning Commission did, on February 6, 2008, hold a duly
23 noticed public hearing as prescribed by law to consider CT 02-17x1; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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^ r and arguments, if any, of persons desiring to be heard, said Commission considered all factors
27 relating to the Tentative Tract Map Extension.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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
3 APPROVES SHELLEY PROPERTY - CT 02-17x1, based on the following
findings and subject to the following conditions:4
<- Findings:
5 1. All findings contained in Planning Commission Resolution No. 5954 dated August 17,
2005 for CT 02-17 are incorporated herein by reference and remain in effect.
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2. That the design and improvement of the subdivision are consistent with the General Plan,
8 Titles 20 and 21 of the Carlsbad Municipal Code, and any public facility or growth
management policies in existence at the time the extension is approved.
i Q 3. That the subdivider is diligently pursuing those acts required to obtain a final map for the
subdivision in that a final map, grading, improvement, and landscape plans have
11 been submitted for the project and are currently under their third review and
pending approval. The developer has also pursued a conservator for the
12 management of the open space pursuant to the Habitat Management Plan.
13 4. That all related permits or approvals issued pursuant to Title 21 have been extended to
14 expire concurrent with the tentative map in that applications for the Hillside
Development Permit and Habitat Management Plan Permit have been applied for
15 along with the Tentative Map extension.
16 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.17
6. The Planning Director has determined that:
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jo a. the project is a project for which a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, Shelley Property - CT 02-17,
20 dated September 27, 2005, (City Council Resolution No. 2005-294) was
previously adopted [15162];
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b. this project is consistent with the project cited above;
c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program was adopted in connection with the prior project or plan;
24 d. the project has no new significant environmental effect not analyzed as significant
25 in the prior Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; and
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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
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
5 recordation or issuance of a grading permit, whichever occurs first.
7 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
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
future building permits; deny, revoke or further condition all certificates of occupancy
10 issued under the authority of approvals herein granted; record a notice of violation on the
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
or a successor in interest by the City's approval of this Tentative Tract Map Extension.
13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map Extension documents, as necessary to
14 make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
17 regulations in effect at the time of building permit issuance.
4. if any condition for construction of any public improvements or facilities, or the payment
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
20 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
21 all requirements of law.
97 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
24 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
Extension, (b) City's approval or issuance of any permit or action, whether discretionary
~s or non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
27 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
28 all legal proceedings have been concluded and continues even if the City's approval is not
validated.
PC RESO NO. 6383 -3-
6. This approval is granted subject to the approval of Hillside Development Permit 02-
2 08x1 and Habitat Management Plan Permit 05-04x1 and is subject to all conditions
contained in Planning Commission Resolution No. 6384 and 6385 for these other
3 approvals.
7. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
c #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
6 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, 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
0 approval will not be consistent with the General Plan and shall become void.o
9 8. All the conditions contained in Planning Commission Resolution No. 5954 dated
August 17, 2005, for CT 02-17 are incorporated herein by reference and remain in
10 effect, except Conditions No. 50, 51, and 53 which are deleted and replaced by
Conditions No. 10,11, and 12, respectively, of this Resolution.
9. This Tentative Map Extension is granted for a period of two (2) years retroactively
from September 27, 2007 through September 27, 2009, unless an extension is
13 approved pursuant to the Carlsbad Municipal Code.
Engineering:
10. Prior to the issuance of grading permit or building permit, whichever occurs first,
16 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
17 established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project.
20 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
22 Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
23 Municipal Code. The SWMP shall address measures to avoid contact or filter said
pollutants from storm water, to the maximum extent practicable, for the post-construction
24 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.
26 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project.
c. Recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging offsite;
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d. Establish specific procedures for handling spills and routine cleanup. Special
2 considerations and effort shall be applied to residents and HOA contractors education
on the proper procedures for handling cleanup and disposal of pollutants.
3 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
f. Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
6 12. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
7 A. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.8
9 B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as sight
10 distance corridors.
C. The Storm Drain Filter system, Low Impact Design, offsite vegetated swales, and
12 BMP improvements are specifically approved as privately owned and
maintained improvements.
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13. Developer shall cause property owner to execute and submit to the City Engineer for
14 recordation, the City's standard form Panhandle Lot Hold Harmless Agreement.
14. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
17 15. Developer shall cause property owner to execute, and submit to the City Engineer for
recordation, a City Standard deed restriction on the property which relates to the proposed
* ° cross lot drainage as shown on the tentative map. The deed restriction document shall:
19 A. Clearly delineate the limits of the drainage course;
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B. State that the drainage course is to be maintained in perpetuity by the underlying
21 property owner; and
22 C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
23 damage to the underlying and adjacent properties or the creation of a public
nuisance.
25 16. Developer shall cause property owner to execute, and submit to the City Engineer for
recordation, a City Standard Encroachment Agreement on the property which relates to
26 private storm drain systems or structural BMP improvements located within any public
right of way.
17. Water Quality treatment systems shall be designed to the satisfaction of the
Planning Director and City Engineer. Additional Structural BMP devices will be
PC RESO NO. 6383 -5-
required to comply with the current City of Carlsbad Standard Urban Stormwater
2 Mitigation Plan (SUSMP). Low Impact Design (LID) shall be designed and
incorporated for all drainage areas and private storm drain systems. Prior to the re-
3 submittal of Grading, Improvement Plans or Final Map, the Tentative Map shall be
redesigned to incorporate LID design and current SUSMP requirements. The
4 approval process for this condition may include changes to the Tentative Map as a
r substantial conformance process.
6 18. The Water Quality Treatment systems identified above shall be privately owned and
operated by the homeowners association in perpetuity.
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19. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
9 Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
10 Best Management Practices prior to the issuance of a grading permit or building permit,
or the recordation of a final map, whichever occurs first for this Project.
12 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."
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You have 90 days from date of approval to protest imposition of these fees/exactions. If you
16 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.
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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
22 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on February 6, 2008, by the following
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vote, to wit:
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c AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
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7 NOES:
8 ABSENT:
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ABSTAIN:
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JULIE BA.KER\ Chairperson
13 CARLSBAD PLANNING COMMISSION
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ATTEST:
16 yL
17 DONNEU
Planning Director18
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