HomeMy WebLinkAbout2013-04-17; Planning Commission; Resolution 6954
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 13-03 FOR THE CONSTRUCTION OF 4 SINGLE FAMILY HOMES ON
PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF HUMMINGBIRD ROAD AND ROCK DOVE
STREET WITHIN THE MELLO I SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: ROCK DOVE HOMES
CASE NO: CDP 13-03
WHEREAS, J.D. Rock Dove, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 123, 124, 125 and 126 of City of Carlsbad Tract 85-35, Aviara Phase I Unit C, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 12411 filed in the Office of the County Recorder of San Diego County
June 29, 1989
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” – “R” dated April 3, 2013, attached hereto and
on file in the Carlsbad Planning Division, ROCK DOVE HOMES – CDP 13-03, as provided in
Chapter 21.81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 3, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request;
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. 6954
PC RESO NO. 6954 -2-
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES ROCK DOVE HOMES – CDP 13-03, 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 complies with all applicable
development standards of the implementing zone (R-1) and the Aviara Master Plan,
including required setbacks, building height limitations, and requirements for open space. Furthermore, the residential project is consistent with the Mello I Land Use Plan in that the homes will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the beauty of the coastal
zone. No prime agricultural lands exist on or near the site; no steep slopes or
environmentally sensitive habitats exist on the developed site; no coastal access is or will be needed through or adjacent to the project site; the project site is not located in an area of known geologic instability or flood hazards; any erosion will be controlled by grading in conformance with applicable City standards; and no
significant visual panoramas exist on the site.
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 along the shoreline and thus cannot provide any public access to the shoreline nor provide any coastal recreational opportunities.
3. 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 subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
4. The project site is not located in the Coastal Agricultural Overlay Zone, according to
Map X of the Land Use Plan certified September 1980, and therefore is not subject to the
provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
5. 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 21.204 of the Zoning Ordinance).
6. 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.
. . .
PC RESO NO. 6954 -3-
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Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance.
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/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 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.
7. 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.
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8. 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).
9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits.
11. This approval is granted subject to the approval of SDP 13-01 and is subject to all
conditions contained in Planning Commission Resolution No. 6953 for those other approvals incorporated herein by reference.
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.
13. Prior to the issuance of the Coastal Development 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. 6954 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.
14. 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
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. NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
. . .
. . .
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PASS ED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on April17, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners L'Heureux, Montgomery,
Schumacher, Scully and Segall
Commissioner Black
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KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
18 City Planner
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PC RESO NO. 6954 -5-