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HomeMy WebLinkAbout2004-03-02; City Council; Resolution 2004-069RESOLUTION NO. 2004-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL ACRES INTO 5 RESIDENTIAL LOTS AND TWO COMMONLY OWNED LOTS ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KIRGIS TENTATIVE MAP DEVELOPMENT PERMIT CDP 02-05 TO SUBDIVIDE 21.9 CASE NO.: CDP 02-05 WHEREAS, Pergola, Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Kirgis 1996 Trust, “Owner,” described as All that portion of Lot “F” of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “D” dated September 3, 2003, on file in the Planning Department, KIRGIS TENTATIVE MAP - CDP 02-05 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the subdivision will be subsequently developed with single family homes; and WHEREAS, the Planning Commission did, on the 3rd day of September 2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold duly noticed public hearings as prescribed by law to consider said request; and 1 WHEREAS, at said public hearings, 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 CDP; and WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of February, 2004, hold a public hearing to consider the recommendations and heard all persons interest in or opposed to GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD 02- 02/CDP 02-05/HDP 02-01, NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: A. B. That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, CDP 02-05 is approved based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed project is in compliance with all of the development standards of the underlying zone as shown on Exhibits “A - “D” dated September 3, 2003, the proposed residential density is within the density range established by the Mello II segment, and is consistent with the intent of the individual policies of the applicable Local Coastal Program overlay zones. 2. That the project is designed to include erosion and water quality control as specified in Section 21.203.040(B)(4)(a-i) of the Coastal Resource Protection overlay zone policy. That the project protects steep slopes per Section 21.203.04O(A)(l)(a-c) of the Coastal Resource Protection Overlay Zone, has minimized on-site paving, and is conditioned to prepare a Fire Suppression Plan. 3. 4. That grading is restricted to be accomplished between April 1 and October 1 of each year not withstanding the ability to extend the grading period per Section 21.203.040 (B) (4) of the Coastal Resource Protection Overlay Zone. 2 Resolution No. 2004-069 page 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 5. That the project is consistent with the Draft Carlsbad Habitat Management Plan in that 75% of the property will be preserved in a natural state and will be protected by an open space conservation easement. 6. That subsequent development of each residential lot with a single family home will not have any further affect on coastal resources. 7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project does not prohibit access to the Agua Hedionda Lagoon or to the Pacific Ocean. 8. The City Council 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: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map. 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; 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 3 Resolution No. 2004-069 page 3 30 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 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 non-discretionary, 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. 6. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 7. This approval is granted subject to the approval of CT 02-06, PUD 02-02 and HDP 02-01 and is subject to all conditions contained in City Council Resolutions No. 2004-068 2004-074 and 2004-070 for those other approvals incorporated herein by reference. 8. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 9. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from IO-year frequency storms of 6-hours and 24-hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6-hour and 24-hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. IO. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook“ to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 4 Resolution No. 2004-069 page 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 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements 11. The Developer shall dedicate on the final map, an open space conservation easement over all of Lot 7 of CT 02-06 to prohibit any private encroachment or development, including but not limited to decks, storage buildings, pools, spas, stairways and non-native landscaping. Structures which reduce the potential for localized erosion and slide hazards, habitat restoration, habitat conservation, habitat enhancement and operation and maintenance of existing storm water facilities are allowed by issuance of this Coastal Development Permit (CDP 02-05). 12. Storm drain facilities consistent with the Master Drainage Plan shall be installed as required by the City Engineer. 13. Soil erosion control practices shall be used against “on-site’’ soil erosion to the satisfaction of the City Engineer. 14. Off-site drainage shall be prevented through sediment control. methods shall be shown on the grading plans to the satisfaction of the City Engineer. Control 15. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a fire suppression plan consistent with the Mello II segment of the Local Coastal Program from the Carlsbad Fire Department. 16. This approval shall become null and void 24 months from the date of Coastal Development Permit approval. 17. 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(n) Coastal Development Permit by 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. Resolution( s) No. 3004 - 069 on the property. Said Notice of Restriction shall 5 Resolution No. 2004-069 page 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 18. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to be between April I and October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October I with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of special erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal permit or as an amendment to an existing coastal development permit. If any of the responsible Resource Agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by this coastal development permit provided that appropriate best management practices (BMPs) are incorporated to limit potential adverse impacts from winter grading activities. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for conven ie n ce as “fees/exact io n s . ’’ 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 feeslexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service ... ... ... ... 6 Resolution No. 2004-069 page 6 33 fees in connection with this project; NOR DOES IT APPLY to any feedexactions 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 City Council of the City of Carlsbad, California, held on the 2nd day of March , 2004 by the following vote, to wit: AYES:council Members Lewis, Finnila, Kulchin, Hall and Packard Am&%-, Lbf3WAINE M. WOOD, City Clerk 7 Resolution No. 2004-069 page 7 4 rcc 3’