HomeMy WebLinkAbout2012-10-03; Planning Commission; Resolution 6909
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE
CONSTRUCTION OF 16 SINGLE FAMILY RESIDENCES ON
A 5.64 ACRE SITE GENERALLY LOCATED ON THE EAST
SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA
LANE, IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: ZEPHYR COURT SUBDIVISION
CASE NO: CDP 12-13
WHEREAS, NP YUCAIPA ACQUISITION LP, “Owner/Developer,” has filed
a verified application with the City of Carlsbad regarding property described as
A portion of the southwest quarter of the southeast quarter of
Section 22, T12S, R4W, SBBM, in the City of Carlsbad,
County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” – “S” dated October 3, 2012, attached hereto
and on file in the Carlsbad Planning Division, ZEPHYR COURT SUBDIVISION – CDP 12-
13, as provided in Chapter 21.81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 3, 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 6909
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES ZEPHYR COURT SUBDIVISION – CDP 12-13, based on the
following findings and subject to the following conditions:
Findings:
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
16 new single-family residences (3,104 SF to 4,022 SF in area) with attached garages
located on 16 existing residential lots designated as Residential Low Medium
Density (RLM), by the Mello II Land Use Plan. The proposed one and two-story
dwelling units will not obstruct views of the coastline as seen from public lands or
the public right-of-way, nor otherwise damage the visual beauty of the coastal zone.
No agricultural uses currently exist on the site, nor are there any sensitive resources
located on the development area of the property. In addition, the proposed single-
family dwelling units are not located in an area of known geologic instability or
flood hazards. Since the site does not have frontage along the coastline, no public
opportunities for coastal shoreline access are available from the subject site.
Furthermore, the residentially-designated site is not suited for water-oriented
recreation activities.
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 not located adjacent to the shore. Therefore, 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.
3. The project is consistent with the provisions of the Coastal Agriculture Overlay Zone
(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
pay the agricultural conversion mitigation fee. This fee was paid prior to
recordation of the Final Map.
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
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the 16 residential lots and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
5. 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
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 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,
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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.
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.
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 City Planner has determined that:
a. the project is a project for which a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program (Tabata Residential Subdivision – CT 03-
06, dated October 19, 2004) was previously adopted [15162];
b. this project is consistent with the project cited above;
c. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (Tabata Residential Subdivision – CT 03-06, dated October 19, 2004)
was adopted in connection with the prior project;
d. the project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (Tabata Residential Subdivision – CT 03-06, dated October
19, 2004);
e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration
or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and
f. The Planning Commission finds that all feasible mitigation measures identified in
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (Tabata Residential Subdivision – CT 03-06, dated October 19, 2004)
which are appropriate to this Subsequent Project have been incorporated into this
Subsequent Project.
8. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated October 3, 2012, including, but not limited to the following: the
project consists of the construction of 16 single-family residences (3,104 to 4,022
square feet in size) on lots designated RLM (Residential Low-Medium Density) by
the Mello II Land Use designation. The subject parcels were created as a result of
Carlsbad Tract Map CT 03-06, recorded on September 26, 2005 (GPA 04-13, LCPA
03-07, ZC 03-05, CT 03-06, CDP 03-24, and HDP 04-02). At the time the Coastal
Development Permit (and additional development applications) was processed for
the subdivision, the project was found to be in compliance with the RLM General
Plan Land Use designation and the Growth Management Ordinance (CMC Section
21.90.045). Therefore, the proposed project, consisting of the development of 16
single-family homes, is consistent with the RLM General Plan Land Use designation
and the Growth Management Ordinance (CMC Section 21.90.045).
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9. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
10. 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
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.
Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a building permit or grading whichever occurs first.
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
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 Coastal Development Permit.
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
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.
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.
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 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.
5. Developer shall implement, or cause the implementation of, the CT 03-06 – Tabata
Residential Subdivision Project Mitigation Monitoring and Reporting Program.
6. The Developer shall comply with all applicable conditions set forth for CT 03-06
and CDP 03-24 in Planning Commission Resolutions Nos. 5722 and 5723.
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
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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, (b) City’s approval or issuance of any permit or action, whether discretionary or
nondiscretionary, 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 all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
8. Developer shall submit to the Planning Division a reproducible 24” x 36,” mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
9. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
10. Prior to the issuance of a building permit, the Developer shall provide proof to the City
Planner from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
11. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
12. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval unless extended per Section
21.201.210 of the Zoning Ordinance.
13. Approval is granted for CDP 12-13 as shown on Exhibits “A” – “S”, dated October 3,
2012, on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
14. Prior to the issuance of the building permit, 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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Coastal Development Permit by Resolution No. 6909 on the 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 conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner 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 or successor in interest.
15. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
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time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#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
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
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
approval will not be consistent with the General Plan and shall become void.
17. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
19. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the City Planner, 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 existing
schools, parks, and streets.
20. 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.
21. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the City Planner (see Noise Form #3 on file in the Planning Division).
22. 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.
23. The project shall complete an interior noise analysis, compliant with the CCR, Title
24, Noise Insulation Standards, prior to the issuance of building permits for future
homes to demonstrate that the proposed architectural design would limit interior
noise levels to 45 dBA CNEL or less, consistent with the City of Carlsbad Noise
Guidelines Manual.
24. Prior to the issuance of a building permit, the Developer shall prepare and record a
Notice that this property may be subject to noise, odor, and general operational
impacts (including future expansion) from the CMWD’s existing Twin “D”
Reservoir site.
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25. Prior to issuance of a grading permit or a building permit, whichever occurs first, the
Developer shall take the following actions to the satisfaction of the City Planner in
relation to the open space lot(s) which are being conserved for natural habitat in
conformance with the City’s Habitat Management Plan:
a. Select a conservation entity, subject to approval by the City, that possesses
qualifications to manage the open space lot(s) for conservation purposes.
b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of the open space lot(s) in
perpetuity in accordance with the requirements of the North County Multiple Habitats
Conservation Plan and the City’s Open Space Management Plan.
c. Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the City Planner and conservation entity, if any, in an
amount sufficient for management and monitoring of the open space lot(s) in
perpetuity.
d. Record a Conservation Easement over the open space lot(s).
e. Prepare a Preserve Management Plan which will ensure adequate management of the
open space lot(s) in perpetuity.
26. Prior to the issuance of building permits, the Developer shall purchase three (3)
affordable housing credits in the Villa Loma housing project in accordance with the
requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal
Code.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a grading permit
or building permit whichever occurs first.
General
27. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
28. Developer shall submit to the city engineer an acceptable instrument, via CC&R’s and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
private improvements within this subdivision, including but not limited to private water
quality treatment measures, low impact development features and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within this project.
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Fees/Agreements
29. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
30. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as
shown on the site plan all subject to city engineer approval.
31. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
32. Prior to the issuance of a grading permit, developer shall submit to the city engineer
receipt of a Notice of Intent from the State Water Resources Control Board.
33. Prior to the issuance of grading permit or building permit, whichever occurs first,
developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
to reduce storm water pollutant runoff during construction of the project to the maximum
extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city’s latest fee schedule.
34. This project is subject to ‘Priority Development Project’ requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the
SUSMP, the developer shall use low impact development (site design) approaches to
ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable
SWMP plan review and inspection fees per the city’s latest fee schedule.
35. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
treatment control BMP, and Low Impact Design (LID) facilities.
. . .
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Dedications/Improvements
36. Developer shall design all proposed public improvements including but not limited to
(sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water
services/meters, curb drains, etc.) as shown on the site plan. These improvements shall
be shown, subject to city engineer approval, as a Construction Revision to existing record
public improvement drawing DWG 434-9. Developer shall pay plan check and
inspection fees using improvement valuations in accordance with the city’s current fee
schedule. Developer shall apply for and obtain a right-of-way permit prior to performing
work in the city right-of-way.
37. Prior to issuance of building permits, developer shall install separate sewer services to
each unit proposed by this tentative parcel map. Sewer services shall be provided to the
satisfaction of the city engineer.
38. Prior to issuance of building permits, developer shall underground all existing overhead
utilities along the project boundary.
Utilities
39. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
40. Developer shall install potable water and/or recycled water services and meters at
locations approved by the district engineer. The locations of said services shall be
reflected on existing record public improvement drawing DWG 434-9.
41. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on existing record public
improvement drawing DWG 434-9.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
42. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the site plan are
for planning purposes only.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on October 3, 2012, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Schumacher, Commissioners Arnold, L'Heureux,
Nygaard, Scully and Siekmann
Commissioner Black
~~od;._gJ
MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNED
18 City Planner
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