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HomeMy WebLinkAbout2010-04-07; Planning Commission; Resolution 66881 PLANNING COMMISSION RESOLUTION NO. 6688 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT CDP 06-32 TO ALLOW 4 FOR THE SUBDIVISION A 20.27-ACRE SITE INTO FIVE (5) 5 LOTS (2 RESIDENTIAL, 2 OPEN SPACE, AND 1 PRIVATE STREE LOT) AND THE GRADING AND DEVELOPMENT OF 6 37 DETACHED AIR-SPACE CONDOMINIUM ONE FAMILY RESIDENCES ON PROPERTY GENERALLY LOCATED 7 NORTH OF AVIARA PARKWAY, SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF 8 BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT 9 ZONE 20. CASE NAME: MUROYA SUBDIVISION 10 CASE NO.: CDP 06-32 11 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified 12 application with the City of Carlsbad regarding property owned by Muroya Family Trust, 13 "Owner," described as 14 ., The East One-Half of the Northeast Quarter of the Northwest Quarter, Section 27, Township 12 South, Range 4 West, San 16 Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, According to United 17 States Government Survey 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit as shown on Exhibits "A" - "VV" dated April 7, 2010, on file in the 21 22 Planning Department, MUROYA SUBDIVISION - CDP 06-32, as provided by Chapter 23 21.201.040 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on April 7, 2010, hold a duly noticed 25 public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the CDP. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission APPROVES MUROYA SUBDIVISION - CDP 06-32, based on the following 6 findings and subject to the following conditions: Findings: 7 That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that pursuant to Map "X" (Designation as "Non-Prime Agricultural Lands"); the project site includes 7.9 acres of agricultural land. The project has been conditioned to pay an agricultural 10 conversion mitigation fee for the conversion of 7.9 acres of agriculture to urban uses, which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. The project is further consistent with the policies of the Coastal Act in that, a) the site is geologically stable; b) the project has been designed to reduce the amount of runoff off-site through the use of Low 13 Impact Development (LID) design features and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; c) the 14 project meets the parking requirements of the zoning ordinance; d) the project does not preclude any recreational opportunities or shoreline access as the property is not a shorefront property; and e) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way. 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 located approximately 1.3 miles from the 18 Batiquitos Lagoon and the Pacific Ocean, and therefore, no coastal access area or water-oriented recreational activities exist on or near the site.19 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 21 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff 22 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. The project site contains 5.66 acres of "dual criteria" slopes. Dual criteria slope areas are generally considered undevelopable per the Coastal Resource 24 Protection Overlay Zone, unless the application of this policy would preclude any reasonable use of the property, in which case an encroachment not to exceed ten 25 percent (10%) of the steep slope areas over twenty-five percent grade may be permitted. The majority of impacts to dual criteria slopes are in the areas of the project west of proposed lots 23-29. Impacts to this area is considered unavoidable given, the site constraints combined with the need to cluster development, and the 60 foot fuel modification zone needed for brush management as well as a buffer zone 28 for habitat. Of the 5.66 acres identified as dual criteria slopes, impacts to only 0.36 acres (6.36%) will occur as result of development, which is below the allowable 10% PC RESO NO. 6688 -2- impact. Remedial grading and buttressing is required for portions of the site to 2 remove debris manufactured fill slopes and ensure that the site and surrounding properties will not be affected by landslides, and the site is not located in an area 3 susceptible to accelerated erosion, floods, or liquefaction. The overlay zone also allows development of steep slopes of 25% or greater that do r not contain the above-noted sensitive habitat plants/animals, subject to specific findings. The project is proposing minor grading and fill on a 25% slope at the 6 northwest section of the lot. The slope does not contain sensitive habitat and therefore is consistent with the Coastal Resource Protection Overlay Zone. The 7 proposed project complies with all of the required findings of the Coastal Resource Protection Overlay Zone as illustrated in section G of the staff report. o 9 4. The project complies with the requirements of the Coastal Agricultural Overlay Zone as the project is conditioned to pay the agricultural conversion mitigation fee 10 of $10,000/acre to develop the 7.9 on-site agricultural acres with urban uses. 5. The Planning Commission of the City of Carlsbad does hereby find: 12 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and 13 Mitigation Monitoring and Reporting Program for the Muroya Subdivision - GPA 06-09, ZC 06-08, LCPA 06-09, SP 203D, CT 06-27, CP 06-19, CDP 06-32, 14 HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this ., project and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and 16 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 17 Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 19 c. they reflect the independent judgment of the Planning Commission of the City of 20 Carlsbad; and 91 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that 22 there is no substantial evidence the project will have a significant effect on the environment. 23 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 24 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. 26 Conditions:27!Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 28 grading permit or recordation of a final map, whichever occurs first. PC RESO NO. 6688 -3- 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 4 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 6 or a successor in interest by the City's approval of this Coastal Development Permit. 7 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. 9 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 10 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. 12 4. If any condition for construction of any public improvements or facilities, or the payment 13 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 14 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. 16 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 17 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 jp 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 20 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 21 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 23 approval is not validated. 24 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, SP 25 203(D), LCPA 06-09, CT 06-27, CP 06-19, HDP 06-10, and HMP 07-02, and is subject 25 to all conditions contained in Planning Commission Resolutions No. 6681, 6682, 6683, 6684, 6685, 6686, 6687, 6689, and 6690 for those other approvals incorporated herein by 27 reference. 78 7. Developer shall implement, or cause the implementation of, the MUROYA SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06- PC RESO NO. 6688 -4- 1 19, CDP 06-32, HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and 2 Reporting Program. 3 8. This approval shall become null and void if building permits are not issued for this project within three (3) years of approval or this Coastal Development Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 9. If a grading permit is required, all grading activities are prohibited from (February 1st for 6 gnatcatcher or March 1 st for vireo) to (September 15th for gnatcatcher or October 1 st for vireo). All erosion control measures must be installed prior to the initial grading. Any grading extensions into the grading prohibition period must receive written approval of the City Engineer and the responsible wildlife agencies (California Department of Fish and Game/United States Fish and Wildlife Service). 9 NOTICE10 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 12 "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 15 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 16 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 19 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. 21 22 23 24 25 26 27 28 PC RESO NO. 6688 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 7, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, and Nygaard ABSENT: Commissioners Montgomery and Schumacher ABSTAIN: FARRAHTS*eOUGLAS, CKatfperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6688 -6-