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HomeMy WebLinkAboutCDP 10-31; Poinsettia Place Stockpile; Coastal Development Permit (CDP)FIE CITY OF Planning Division www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION December 7, 2010 Dave Jacinto Carlsbad Poinsettia Land Co. LLC. 219 Meadow Vista Way Encinitas CA 92024 RE: CDP 10-31 - POINSETTIA PLACE STOCKPILE The City has completed a review of the application for a Minor Coastal Development Permit for the stockpile of approximately 40,000 cubic yards of dirt located at the Poinsettia Place project site south of Cassia Road and east of Poinsettia Lane. It is the Planning Director's determination that the project, CDP 10-31 - POINSETTIA PLACE STOCKPILE, is consistent with the City's applicable Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site in that the property is not located adjacent to the shore, nor are public recreation areas required of the project. 4. The proposed development will have no adverse effect on coastal resources, in that the area of the stockpile is fully within an area that has been previously disturbed and was considered and approved by Coastal Development Permit CDP 04-23(A). 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 current agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist onsite and the stockpile of 40,000 cubic yards of dirt will not obstruct views of the coastline as seen from public lands or public right-of-way (Cassia Road) or otherwise damage the visual beauty of the coastal zone. 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CDP 10-31 - POINSETTIA PLACE STOCKPILE December?, 2010 PAGE 2 5. That the proposed temporary stockpile is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the site is designated for the future development of residential uses consistent with CDP 04-23(A). 6. That the request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(6) and (C) of the Carlsbad Coastal Development Regulations. 7. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparatipn; of environmental documents pursuant to (Section 15304 - Minor Alterations to Land) of the' state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 10- 31, for the project entitled POINSETTIA PLACE STOCKPILE (Exhibits A-B), dated December 7, 2010, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained overtime, 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 Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 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. COP 10-31 - POINSETTIA PLACE STOCKPILE December?, 2010 PAGE 3 6. The 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 Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby. 7. This approval shall become null and void if a grading permit is not issued for this project within 24 months from the date of project.approval. ; / * i 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #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 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 21, 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 approval will not be consistent with the General Plan and shall become void. 9. Prior to the issuance of a grading permit, Developer shall submit to the City a Notice of Restriction to 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 Minor Coastal Development Permit 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 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10. 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. Engineering: Note: Unless specifically stated in the condition, all of the following conditions, upon approval of this stockpile permit, must be met prior to approval of a grading permit. General 11. 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 for the proposed haul route. CDP 10-31 - POINSETTIA PLACE STOCKPILE December?, 2010 PAGE 4 Fees and Agreements 12. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 13. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Drainage Hold Harmless Agreement. 14. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Uncontrolled Stockpile Agreement. / ' 15.. Based upon a review of the proposed grading and the grading quantities shown on the site plan,' a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 16. Developer shall apply for and obtain a grading plan from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per city code requirements. 17. 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 control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance systems to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 18. Prior to the issuance of a grading permit, developer shall submit to the City Engineer receipt of a Notice of Intent from the State Water Resources Control Board. 19. Prior to the issuance of a grading permit, developer shall submit for city approval of a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and the City of Carlsbad. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the City's latest fee schedule. CDP 10-31 - POINSETTIA PLACE STOCKPILE December?, 2010 PAGES NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00 plus the noticing cost of $292.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Christer Westman at (760) 602-4614. 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. CITY OF CARLSBAD V CHRIS DeCERBO Principal Planner CD:CW:bd Don Neu, Planning Director Chris DeCerbo, Principal Planner Team Leader File Copy Data Entry California Coastal Commission (NoFA)