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HomeMy WebLinkAbout2010-02-03; Planning Commission; Resolution 66681 PLANNING COMMISSION RESOLUTION NO. 6668 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL 3 DEVELOPMENT PERMIT AMENDMENT CDP 05-33x1 (A) TO ALLOW FOR THE REVISIONS TO PREVIOUSLY APPROVED 4 FLOOR PLANS, ELEVATIONS AND PLOTTING PLAN FOR 5 16 SINGLE-FAMILY DETACHED RESIDENTIAL DWELLING UNITS ON PREVIOUSLY SUBDIVIDED LOTS ON 6 PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF SONG BIRD AVENUE AND BLACK RAIL 7 ROAD WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 20. 9 CASE NAME: POINSETTIA RIDGE CASE NO.: CDP05-33xl(A) 10 WHEREAS, Warmington Residential California, "Developer," has filed a 12 verified application with the City of Carlsbad regarding property owned by Black Rail L.P., 13 "Owner," described as 14 The south half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 South, Range 4 West, San Bernardino base and meridian, in ] 5 the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 17 ("the Property"); and18 , n WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit Amendment as shown on Exhibits "A-EE" dated February 3, 2010, on file 21 in the Planning Department, POINSETTIA RIDGE - CDP 05-33x1 (A), as provided by Chapter 2?21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on February 3, 2010, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 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 relating to the CDP Amendment. WHEREAS, on April 5, 2006, the Planning Commission approved CDP 05-33 as 2 described and conditioned in Planning Commission Resolution No. 6052. 3 WHEREAS, on June 2, 2009, the Planning Director approved CDP 05-33x1 as ^ described and conditioned in the approving Planning Director Letter. 6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 7 Commission of the City of Carlsbad as follows: o A) That the foregoing recitations are true and correct. 9 B) That based on the evidence presented at the public hearing, the Commission 10 APPROVES POINSETTIA RIDGE CDP 05-33xl(A) - based on the following findings and subject to the following conditions: Findings: 12 1. That the proposed development is in conformance with the Certified Local Coastal 13 Program and all applicable policies in that the site is designated for single-family development and the project consists of the construction of 16 single-family homes 14 on previously subdivided and graded single-family lots; the development does not obstruct views of the coastline as seen from public lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone; and no agricultural i/- activities, sensitive resources, geological instability, or coastal access opportunities exist on the previously subdivided lots. 17 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 18 of the Coastal Act in that the project 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 recreational activities. 20 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 21 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 22 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 24 site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 25 4. The Planning Director has determined that: 26 a. the project is a project for which a Negative Declaration (Yamamoto Subdivision - 27 ZC 04-01, LCPA 04-02, CT 04-01 and CDP 04-01, dated March 22, 2005) was 2g previously adopted [15162]; PC RESO NO. 6668 -2- b. this project is consistent with the project cited above; 2 c. the Negative Declaration, (Yamamoto Subdivision - ZC 04-01, LCPA 04-02, CT 3 04-01 and CDP 04-01) was adopted in connection with the prior project; d. the project has no new significant environmental effect not analyzed as significant in 5 the prior Negative Declaration; and 6 e. none of the circumstances requiring further environmental compliance under CEQA Guidelines Sections 15162 or 15163 exist. 7 ,, 5. This approval is granted subject to the findings contained herein (Planning Commission Resolution No. 6668) and all findings previously approved for CDP 05- 9 33x1 (Planning Director Approval Letter, dated June 2, 2009) and CDP 05-33 (Planning Commission Resolution No. 6052) shall be superseded and/or voided. 10 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. 13 Conditions: 14 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading and/or building permit. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 17 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 18 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 20 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 21 or a successor in interest by the City's approval of this Coastal Development Permit Amendment.22 ~- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment documents, as 24 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. 25 Any proposed development, different from this approval, shall require an amendment to .^ this approval.26 27 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. 28 PC RESO NO. 6668 -3- 4. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2 #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 3 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 5 approval will not be consistent with the General Plan and shall become void. 6 5. 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 7 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 9 all requirements of law. 10 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 representatives, from and against any and all liabilities, losses, damages, demands, claims 12 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 13 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 14 (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 16 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 17 7. This approval is granted and is subject to all conditions contained in Planning 18 Commission Resolutions No. 5828 (Negative Declaration for ZC 04-01/LCPA 04- ! 9 02/CT 04-01/CDP 04-01), 5829 (ZC 04-01), 5830 (LCPA 04-02), 5831(CT 04-01), and 5832 (CDP 04-01) for those other approvals incorporated herein by reference. 20 8. This approval is granted subject to the conditions contained herein (Planning Commission Resolution No. 6668 and all conditions previously approved for CDP 05-33x1 (Planning Director Approval Letter, dated June 2, 2009) and CDP 05-33 (Planning Commission Resolution No. 6052) shall be superseded and/or voided. 23 9. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 24 copy of the Site Plan reflecting the conditions approved by the final decision-making 25 10. 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 27 format. 28 PC RESO NO. 6668 -4- 1 11. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 3 12. 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 5 that Plan prior to the issuance of building permits. 6 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 7 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. 9 14. The applicant shall apply for and be issued building permits for this project within two 10 (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 12 15. Prior to building permits issuance, 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 13 be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit Amendment by Resolution No. 6668 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 Planning Director has the authority to execute and record an amendment to the notice 17 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 19 16. Prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase three (3) 20 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. The draft Affordable Housing Agreement shall be submitted to the Planning ,— Director no later than 60 days prior to the request for building permit issuance. The recorded Affordable Housing Agreement shall be binding on all future owners and 23 successors in interest. 24 17. if satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, 26 then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the 27 existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the PC RESO NO. 6668 -5- fact of a potential pass-through of fees or taxes exists and where complete information 2 regarding those fees or taxes can be obtained. 3 18. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, 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 c existing schools, parks and streets. 6 19. 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 7 posted until ALL of the units are sold. o 20. Developer shall post aircraft noise notification signs in all future sales and/or rental 9 offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning 10 Department). * 21. 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. 13 Engineering: 14 General 16 22. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer 17 for the proposed haul route. 23. This project is approved upon the express condition that building permits will not be , g 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 20 issuance. 21 24. 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 street trees, 23 landscaping, water quality treatment measures, low impact development features, storm drain facilities, etc. located therein and to distribute the costs of such maintenance in an 24 equitable manner among the owners of the properties within this subdivision. 25. Developer shall design sight distance corridors at all street intersections and driveways in 2fr accordance with City Engineering Standards. 27 Fees/Agreements 28 26. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. PC RESO NO. 6668 -6- 27. Developer shall cause property owner to process, execute and submit an executed copy to 2 the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 3 treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. 28. Developer shall cause property owner to execute and submit to the City Engineer for' 6 recordation the City's standard form Street Tree Maintenance Agreement. 7 Grading o 29. Supplemental grading plans are required for precise grading associated with this project. 9 Developer shall prepare, and submit for approval, grading plans for the precise grading subject to City Engineer approval. 10 30. 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 treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 13 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or 14 Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 31. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 17 Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the 1 ° completed PTAF all to the satisfaction of the City Engineer. 19 32. Developer shall incorporate Low Impact Development (LID) design techniques, on all 20 final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural 21 drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook 23 (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 24 volume, peak flow rate, velocity and pollutants. Dedications/Improvements 33. Developer shall design the private drainage systems to the satisfaction of the City 27 Engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and 28 inspection fees for private drainage systems. PC RESO NO. 6668 -7- 1 Utilities 2 34. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 3 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 35. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 6 for connection to public facilities. 7 36. 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 public improvement plans. 9 37. The Developer shall install sewer laterals and clean-outs at locations approved by the City 10 Engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminders: 12 38. The project is subject to all applicable provisions of local ordinances, including but not 1 3 limited to the following code requirements: 14 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. 16 39. Any signs proposed for this development shall at a minimum be designed in conformance 17 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 18 , n 40. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map required by Chapter 20.44 of the Carlsbad Municipal Code. 20 41. Developer shall pay a landscape plancheck and inspection fee as required by Section 21 20.08.050 the Municipal Code. 99 42. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 23 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 24 planning purposes only. 26 43. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 27 44. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance 28 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. PC RESO NO. 6668 -8- 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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 3, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Dominguez, L'Heureux, Montgomery, Nygaard, Schumacher, and Chairperson Douglas FARRAFTOTDOUGLAS, UhaHpbrson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6668 -9-