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Home My WebLink About2009-12-16; Planning Commission; Resolution 66531 PLANNING COMMISSION RESOLUTION NO. 6653 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT 4 AMENDMENT CDP 04-23(A) TO SUBDIVIDE 20.4 ACRES 5 INTO TWO RESIDENTIAL LOTS FOR 82 AIRSPACE CONDOMINIUM UNITS AND THREE OPEN SPACE LOTS 6 ON PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA 7 LANE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 8 MANAGEMENT ZONE 21. 9 CASE NAME: POINSETTIA PLACE CASE NO.: CDP 04-23(A) 10 WHEREAS, Sierra Linda Development Company, "Developer," has filed a ,2 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 13 Land Company, a California Limited Liability Co., "Owner," described as 14 The north half of the southwest quarter of the southwest quarter of Section 23, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San 15 Diego, State of California, according to the official plat thereof 17 ("the Property"); and 1 O WHEREAS, said verified application constitutes a request for a Coastal 19 Development Permit Amendment as shown on Exhibits "A" - "P" and "Al" - "A31" dated 20 December 16, 2009, on file in the Planning Department, POINSETTIA PLACE - CDP 04- 21 22 23(A), as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 16th day of December, 2006, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP Amendment. 28 WHEREAS, on November 15, 2006, the Planning Commission recommended 2 approval of, CDP 04-23, as described and conditioned in Planning Commission Resolution No. 3 6195.4 5 WHEREAS, on December 19, 2006, the City Council approved, CDP 04-23, as 6 described and conditioned in Planning Commission Resolution No. 6195. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 1! RECOMMENDS APPROVAL of POINSETTIA PLACE - CDP 04-23(A), 12 based on the following findings and subject to the following conditions: 13 Findings; 14 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project consists of the construction of 82 residential airspace condominiums on a previously disturbed and graded lot; no jg current agricultural activities, geological instability, flood hazard, or coastal access opportunities exist onsite and the development does not obstruct views of the 17 coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. Impacts to habitat have been minimized to the ' ° greatest extent feasible and will be mitigated according to the standards set forth in « Q the Mello II Segment of the Local Coastal Program. 20 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shore. Therefore, 21 the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreation activities. 22 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the 24 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban 25 Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Five percent of the steep slopes onsite are located ^" within the northern 25 percent development area of the site and will be impacted. ~7 The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 28 PC RESO NO. 6653 -2- 4. This project is not located in the Coastal Agricultural Overlay Zone, according to Map X 2 of the Land Use Plan, certified September 1990 and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning 3 Ordinance). 4 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 21 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 7 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. " Specifically: 9 A. The project has been conditioned to provide proof from the Carlsbad Unified 10 School District that the project has satisfied its obligation for school facilities. 11 B. The Public Facility Fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 12 6. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay , ^ Zone (Chapter 21.201 of the Zoning Ordinance). 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 16 to mitigate impacts caused by or reasonably related to this project, and the extent and the degree of exaction is in rough proportionality to the impact caused by the project. Conditions:18 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map for CT 04-10(A), whichever occurs 20 first. 71 1. This Planning Commission Resolution No. 6653 supersedes Planning Commission 22 Resolution No. 6195. 23 2. This approval shall become null and void upon the expiration or withdrawal of CT 04-10(A). 24 . 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 27 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 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 PC RESO NO. 6653 -3- or a successor in interest by the City's approval of this Coastal Development Permit 2 Amendment. 3 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment documents, as necessary to make them internally consistent and in conformity with the final action on s- the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to 6 this approval. 7 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance.8 9 6. 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 10 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 unless the City Council determines that the project without the condition complies with , 9 all requirements of law. 13 7. 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 14 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 Coastal Development Permit 16 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 17 (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 jo survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 20 8. This approval is granted subject to the previously adopted Mitigated Negative -1 Declaration and Mitigation Monitoring and Reporting Program, Hillside ~~ Development Permit 04-05, and HMPP 06-08, and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6193, and 6196 for those other approvals 23 incorporated herein by reference and granted subject to the approval of Carlsbad Tract Map amendment CT 04-10(A) and Condominium Permit amendment CP 05- 24 05(A) and is subject to all conditions contained in Planning Commission Resolutions No. 6650 and 6651 for those other approvals incorporated herein by reference. £,*J 26 9. This Coastal Development Permit Amendment approval shall expire thirty six (36) months from the date CT 04-10(A) receives final approval by the City of Carlsbad 27 unless extended per Section 21.201.210 of the Zoning Ordinance or shall expire concurrently with the expiration of CT 04-10(A) if not recorded as a final map or 2° extended. PC RESO NO. 6653 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 December 16, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery MARTELL B. MONTG( CARLSBAD PLANNING COMMI? ATTEST: erson ION DON NEU Planning Director PC RESO NO. 6653 -5-