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HomeMy WebLinkAbout2015-02-18; Planning Commission; Resolution 7086 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE CONSTRUCTION OF 17 SINGLE FAMILY RESIDENCES ON 5.4 ACRES WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND GENERALLY LOCATED ON THE WEST SIDE OF PIO PICO DRIVE NEAR THE INTERSECTION OF PIO PICO DRIVE AND LAS FLORES DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MILES PACIFIC RESIDENCES CASE NO: CDP 14-21 WHEREAS, Shea Homes, Limited Partnership, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of Tract 7 of Laguna Mesa Tract, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1719, filed in the office of the County Recorder of San Diego County, June 20, 1921 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” – “MM” dated February 18, 2015, attached hereto and on file in the Carlsbad Planning Division, MILES PACIFIC RESIDENCES – CDP 14-21, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 18, 2015, 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES MILES PACIFIC RESIDENCES – CDP 14-21, based on the following findings and subject to the following conditions: . . . PLANNING COMMISSION RESOLUTION NO. 7086 PC RESO NO. 7086 -2- 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 Findings: 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 3.14 du/ac is consistent with the RLM General Plan Land Use designation. The project consists of the construction of 17 new single family residences with attached two and three car garages in an area 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- 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 the coastal zone. No agricultural uses currently exist on the previously disturbed site, nor are there any sensitive resources located on the developable portion of the site. The proposed 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 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 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 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). 5. The City Planner has determined that: a. the project is a project for which a Mitigated Negative Declaration was previously adopted for the Miles Pacific Subdivision – CT 12-01/PUD 12-08/CDP 12-15; b. this project is consistent with the project/plan cited above; c. a Mitigated Negative Declaration was adopted in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and PC RESO NO. 7086 -3- 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 e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Sections 15162 or 15163 exist. 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. 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. PC RESO NO. 7086 -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 7. Developer shall submit to the City Planner a reproducible 24” x 36,” mylar copy of the (Tentative Map/Site Plan or other) reflecting the conditions approved by the final decision- making body. 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 1 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 the Mitigated Negative Declaration/CT 12- 01/PUD 12-08/CDP 12-15 and is subject to all conditions contained in Planning Commission Resolutions No. 6985, 6986, 6987, and 6988 for these 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 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. 7086 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. Code Reminders 15. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 16. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 7086 -5- 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 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, except as otherwise specifically provided herein. 18. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 19. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 20. New single-family residential developments containing one or more model home(s): A water 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 features of the model’s landscaping; resources for additional information regarding water efficiency in landscaping; contact information for the local water purveyor and Planning Division; and a reference to the requirements of this landscape manual. A copy of the 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”. 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. 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.