HomeMy WebLinkAbout2000-01-05; Planning Commission; Resolution 4705T * *
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PLANNING COMMISSION RESOLUTION NO. 4705
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 99-26 ON
PROPERTY GENERALLY LOCATED NORTH OF
POINSETTIA LANE, WEST OF EL CAMINO REAL AND
EAST OF FUTURE SKIMMER COURT IN LOCAL
FACILITIES MANAGEMENT ZONE 2 1.
CASE NAME: STEINER PROPERTY
CASE NO.: CDP 99-26
WHEREAS, Western Pacific Housing-Carlsbad 1, LLC, A Delaware Limit
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regarding property owned by Joseph and Marian Steiner and Western Pacific Housing- 11
Liability Company, “Developer”, has filed a verified application with the City of Carlsb
l2 11 Camino, LLC, A Delaware Limited Liability Company, “Owners”, described as
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Being a subdivision of Parcel 1 of Parcel Map 2244, as filed in
the Office of the County Recorder of San Diego County on
January 10, 1974 as File No. 74-007317 of official records
together with Lot 74 and Portion of Lots 67 and 68 of City of
Carlsbad Tract 97-15, according to map thereof No. 13839, all
in the City of Carlsbad, County of San Diego, State of
California.
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20 WHEREAS, said verified application constitutes a request for a Coas
21 Development Permit as shown on Exhibits “A” - “V” dated January 5, 2000, on file in 1
22 Planning Department, STEINER PROPERTY, CDP 99-26, as provided by Chapter 21.201 .O
23 of the Carlsbad Municipal Code; and
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(“the Property”); and
WHEREAS, the Planning Commission did, on the 5th day of January, 201
hold a duly noticed public hearing as prescribed by law to consider said request; and
27 /I WHEREAS, at said public hearing, upon hearing and considering all testimc
28 and arguments, if any, of all persons desiring to be heard, said Commission considered all facti
relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissi
APPROVES STEINER PROPERTY, CDP 99-26 based on the followi
findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coas
Program and all applicable policies in that no prime agricultural lands exist on or nc
the site; all adjacent environmentally sensitive habitats will remain in thl
undisturbed state; no coastal access is or will be needed through or adjacent to I
project site; erosion will be controlled by grading in conformance with the Cit
Standards; grading will be restricted to the summer season; the site contains
wetlands or dual criteria slopes; and no significant view points are on or near I
site.
2. The proposal is in conformity with the public access and recreation policies of Chapte
of the Coastal Act in that the site is located over 0.18 miles from Batiquitos Lago
and over 0.53 miles from the Pacific Ocean and no coastal access areas or watc
oriented recreational activities exist on or near the project site.
3. The project is not located in the Coastal Agriculture Overlay Zone, according
Map X of the Land Use Plan, certified September 1980 and, therefore, is not subjc
to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of t
Zoning Ordinance).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
issuance of a grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or fbrther condition issuance of
future building permits; deny, revoke or further condition all certificates of occupar
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. :
vested rights are gained by Developer or a successor in interest by the City’s approval
this Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Coastal Development Permit documents, as necessary to ml
them internally consistent and in conformity with the final action on the projc
Development shall occur substantially as shown on the approved Exhibits. Any propoz
development different from this approval, shall require an amendment to this approval.
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PC RES0 NO. 4705 -2-
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3. This approval is granted subject to the approval of the Mitigated Negative Declarat
and Mitigation Monitoring and Reporting Program, LCPA 99-05, ZC 99-06, CT
13, SDP 99-10, and HDP 99-12. CDP 99-26 is subject to all conditions containec
Resolutions 4699,4700,4701,4702,4703 and 4704.
4. The applicant shall apply for and be issued building permits for this project within 1
(2) years of approval or this coastal development permit will expire unless extended
Section 21.201.2 10 of the Zoning Ordinance.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fc
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannir
zoning, grading or other similar application processing or service fees in connection with tl
project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
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PC RES0 NO. 4705 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 5th day of January, 2000, by 1
4 I1 following vote, to wit:
5 11 AYES: Chairperson Compas, Commissioners Heineman, L'Heureux,
Nielsen, Segall, Trigas and Welshons
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NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION I. ATTEST: <kiy .: , ,e.
:7 /2&J // L
MICHAEL J. OLZMILLE ' Planning Director
1) PC RES0 NO. 4705 -4-