Loading...
HomeMy WebLinkAbout2014-05-21; Planning Commission; Resolution 70511 PLANNING COMMISSION RESOLUTION NO. 7051 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND A SPECIAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF 26 SINGLE FAMILY RESIDENCES ON A 10.16 ACRE SITE GENERALLY LOCATED AT THE NORTHEAST END OF CAMINO HILLS 5 DRIVE ALONG THE SOUTHWEST SIDE OF EL CAMINO REAL WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 24. CASE NAME: TABATA 10 7 CASE NO: CDP 14-01 / SUP 14-01 8 WHEREAS, Lennar Homes of California, "Developer/Owner," has filed a verified 9 application with the City of Carlsbad regarding property described as 10 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the City of Carlsbad, County of San Diego, State of California Recorded March 21, 11 1974 in the Office of the County Recorder of said San Diego County 12 13 14 15 16 17 18 19 20 21 22 23 24 Carlsbad, as follows: 25 A) That the above recitations are true and correct 26 B) That based on the evidence presented at the public hearing, the Commission APPROVES TABATA 10 - CDP 14-01/SUP 14-01, based on the following findings and subject to the 27 following conditions: 28 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit and a Special Use Permit as shown on Exhibits "A" - "GG" dated May 21, 2014, attached hereto and on file in the Carlsbad Planning Division, TABATA 10 - CDP 14-01/SUP 14-01, as provided in Chapters 21.40 and 21.201.030 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 21, 2014, 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 1 2 3 4 12 13 14 15 16 26 27 28 Findings: CDP 14-01 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the subject site has an LCP Land Use Plan designation of ^ Residential Low-Medium (RLM), which allows for a density of 0-4 du/acre and 3.2 du/acre at the Growth Management Control Point (GMCP). The project density of 3.03 du/ac is 5 consistent with the RLM General Plan Land Use designation. The project consists of the construction of 26 new single family residences with attached two car garages in an area 7 designated for residential development. The proposed one and two story, single-family residences are compatible with the surrounding development of one and two-story single- 8 family structures. The one and two story residences 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 9 the coastal zone. No agricultural uses currently exist on the previously graded site, nor are there any sensitive resources located on the developable portion of the site. The proposed 10 single-family residences are not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for 11 coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 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 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 27 Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run-off, pollutants and soil erosion. In addition, the site is not located 28 in an area prone to landslides or susceptible to accelerated erosion, floods or liquefaction. 29 4. 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 20 (Chapter 21.201 of the Zoning Ordinance. 21 SUP 14-01 22 5. The proposed project conforms to the intent of the Scenic Preservation Overlay in that as discussed in Section D of the staff report, the project complies with the provisions of the El 23 Camino Real Corridor Development Standards. Specifically, the proposed single family residential project supports the residential design theme of Area 3 along the scenic corridor 24 and the dwelling units are adequately setback from El Camino Real. Furthermore, No homes are proposed within 100' of the ROW. All of lot 1 and a portion of lots 2, and 21-26 are between 100 and 200' of the ROW. Lot 1, 21 and 23 are single story homes less than 25' in height. The remaining homes are less than 25' in height for the portion located within 100' - 200' of the ROW as required by the El Camino Real Corridor Development Standards. The R-l zone restricts homes to 30' in height and therefore all homes within 200'-300' of the ROW are under 35' in height as required by the El Camino Real Corridor Development Standards. PC RESO NO. 7051 -2- 1 2 3 4 6. The proposed project implements the goals and objectives of the General Plan in that the property is proposed to be developed with 26 single-family homes (3.03 du/ac) which is consistent with the Residential Low-Medium Density (RLM) land use designation (0-4 du/ac). 7. The City Planner has determined that: d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and 5 a. the project is a project for which a Mitigated Negative Declaration was previously adopted for Tabata 10 - GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07- 5 03/CDP 06-19; 7 b. this project is consistent with the project/plan cited above; 8 c. a Mitigated Negative Declaration was adopted in connection with the prior project or plan; 9 10 11 none of the circumstances requiring a Subsequent Mitigated Negative Declaration 22 under CEQA Guidelines Sections 15162 or 15163 exist. 13 8. 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 14 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. 15 " 16 17 18 19 20 21 Conditions: General Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 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 22 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 23 rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit and Special Use Permit. 24 Staff is authorized and directed to make, or require the Developer to make, all corrections and 25 modifications to the Coastal Development Permit and Special Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the 26 project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this 27 approval. 28 PC RESO NO. 7051 6 7 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 g 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. Developer shall implement, or cause the implementation of, the Tabata 10 Project Mitigation Monitoring and Reporting Program. 8 6. 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 9 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, 10 from (a) City's approval and issuance of this Coastal Development Permit and Special Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 11 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 12 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 13 proceedings have been concluded and continues even if the City's approval is not validated. 14 7. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 15 Developer shall include, as part of the plans submitted for any permit plancheck, a reduced 1^ legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 17 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building 1^ Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 19 10. This project shall comply with all conditions and mitigation measures which are required as part ofthe Zone 24 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 22 23 24 11. 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. 12. 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 25 interested parties and successors in interest that the City of Carlsbad has issued a(n) Coastal Development Permit and Special Use Permit by Resolution No. 7051 on the property. Said 26 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 27 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 28 good cause by the Developer or successor in interest. PC RESO NO. 7051 -4- 1 13. 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 4 to be available until the time of occupancy. ^ 14. Developer shall provide adequate landscaping, to include trees, between Camino Hills Drive and the three homes on lots 12, 13 and 14 of CT 91-02 on Forecastle Court subject to the 5 satisfaction of the City Planner. 7 20 21 22 23 24 25 26 27 28 Code Reminders g 15. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by Council Policy No. 17. 9 16. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 10 of the Carlsbad Municipal Code. 11 17. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, 12 except as otherwise specifically provided herein. 13 18. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 14 19. Any signs proposed for this development shall at a minimum be designed in conformance with 15 the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 16 20. New single-family residential developments containing one or more model home(s): A water 17 efficient landscaping brochure shall be available for each group of adults visiting the model home. At a minimum, each brochure shall include information describing the water efficient 18 features of the model's landscaping; resources for additional information regarding water efficiency in landscaping; contact information for the local water purveyor and Planning 1^ Division; and a reference to the requirements ofthis landscape manual. A copy ofthe brochure shall be provided to the Planning Division prior to the City authorizing temporary occupancy as a model home. 21. An educational sign shall be placed in the front yard of each model home so that it is visible and readable from the roadway. The sign shall be white with black capital lettering at least two inches high and shall state "THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND IRRIGATION". PC RESO NO. 7051 -5- 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 4 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 5 determination on the appeal prior to any judicial review. 5 NOTICE 7 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." 8 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you g 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 2Q 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. 11 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT 22 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 23 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 ofthe Planning Commission of the City of Carlsbad, California, held on May 21,2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall, and Siekmann NOES: ABSENT: ABSTAIN: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 „ DON NEU 28 City Planner PC RESO NO. 7051 -6- NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: