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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 9 application with the City of Carlsbad regarding property described as 10 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 17 Department SHELLEY PROPERTY - CT 02-17, as provided by Chapter 20.12 of the 18 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 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 ^ 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. 2 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. 7 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: lo 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]; 21 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 26 e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exists. 28 PCRESONO. 6383 -2- 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: 25 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; PC RESO NO. 6383 -4- 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. 13 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; 20 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. 7 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." 15 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. 19 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. 23 24 25 26 27 28 PC RESO NO. 6383 -6- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on February 6, 2008, by the following 3 vote, to wit: 4 c AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 6 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 JULIE BA.KER\ Chairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 yL 17 DONNEU Planning Director18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6383 -7-