HomeMy WebLinkAbout2000-01-19; Planning Commission; Resolution 4719f
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PLANNING COMMISSION RESOLUTION NO. 4719
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 99-28 TO ALLOW
THE SUBDIVISION OF 25.3 ACRES INTO TWO PARCELS
ON PROPERTY GENERALLY LOCATED NORTH OF
BATIQUITOS LAGOON, BETWEEN CARLSBAD
BOULEVARD AND THE SAN DIEGO NORTHERN
MANAGEMENT ZONE 9.
CASE NAME: CARLSBAD COAST
CASE NO.: CDP 99-28
WHEREAS, K. Hovanian Companies of Southern California, “Develope
has filed a verified application with the City of Carlsbad regarding property owned by Ka.
Poinsettia, “Owner”, described as
RAILROAD RIGHT-OF-WAY, IN LOCAL FACILITIES
Lots 1 and 2 of Carlsbad Tract No. 82-18, according to Map
No. 11290, filed in the Office of the County Recorder on July
16,1985, in the City of Carlsbad, County of San Diego, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coas
Development Permit as shown on Exhibits “A” - “B”, dated January 19, 2000, on file in
Planning Department, CARLSBAD COAST - CDP 99-28 as provided by Chapter 21.201.(
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of January, 20
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimc
and arguments, if any, of all persons desiring to be heard, said Commission considered all facl
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissi
APPROVES CARLSBAD COAST - CDP 99-28 based on the followi
findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Certified Local Coas
Program and all applicable policies in that no agricultural lands exist on or near 1
site, all adjacent environmentally sensitive habitats will remain in their undisturh
state; an Irrevocable Offer of Dedication for public trail purposes has be
identified on the parcel map consistent with the provisions of the Poinsettia Shol
Master Plan, no grading is proposed or authorized with this parcel map; and sir
no development is proposed with this map, no significant visual impacts will OCCUI
2. The proposal is in conformity with the public access and recreation policies of Chapte
of the Coastal Act in that an Irrevocable Offer of Dedication for public trail purpo;
has been identified on the parcel map consistent with the provisions of the Poinset
Shores Master Plan.
3. The project site is not located in the Coastal Agricultural Overlay Zone, accordi
to Map X of the Land Use Plan, certified September, 1980, and, therefore, is I
subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.2
of the Zoning Ordinance).
4. The project is consistent with the provisions of the Coastal Resource Protecti
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no grading
development is proposed; no steep slopes exist in the developable area of the m:
and the site is not prone to landslides or susceptible to accelerated erosion, floods
liquefaction.
5. The project is not located between the sea and the first public road parallel to 1
sea and, therefore, is not subject to the provisions of the Coastal Shorelj
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
6. The project is located in the West Batiquitos Lagoon segment of the LCP a]
therefore, not subject to the provisions of the Coastal Resource Overlay Zone Mt
I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance).
7. That the Planning Director has determined that the project belongs to a class of projc
that the State Secretary for Resources has found do not have a significant impact on
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15315 - Minor La
Division of the State CEQA Guidelines. In making this determination, the Plann
Director has found that the exceptions listed in Section 15300.2 of the state CE(
Guidelines do not apply to this project.
PC RES0 NO. 4719 -2-
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8. The Planning Commission has reviewed each of the exactions imposed on the Develop
contained in this resolution, and hereby finds, in this case, that the exactions are impos
to mitigate impacts caused by or reasonably related to the project, and the extent and t
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 Parcel Map.
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 further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupan
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. 1
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 ma
them internally consistent and in conformity with the final action on the proje
Development shall occur substantially as shown on the approved Exhibits. Any propos
development different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and 101
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the paymc
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj’
are challenged, this approval shall be suspended as provided in Government Code Sectj
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies w
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend 2
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, 2
representatives, from and against any and all liabilities, losses, damages, demands, clai
and costs, including court costs and attorney’s fees incurred by the City arising, direc
or indirectly, from (a) City’s approval and issuance of this Coastal Development Pern
(b) City’s approval or issuance of any permit or action, whether discretionary or nl
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted here
including without limitation, any and all liabilities arising from the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to Planning Director a reproducible 24” x 36”, mylar c(
of the Tentative Parcel Map reflecting the conditions approved by the final decis
making body.
PC RES0 NO. 4719 -3-
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7. This project shall comply with all conditions and mitigation measures which are requir
as part of the Zone 9 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits
8. Building permits will not be issued for this project unless the local agency providi
water and sewer services to the project provides written certification to the City tl
adequate water service and sewer facilities, respectively, are available to the project at t
time of the application for the building permit, and that water and sewer capacity a
facilities will continue to be available until the time of occupancy. A note to this effc
shall be placed on the Parcel Map.
9. This approval is granted subject to the approval of MS 99-04 and is subject to
conditions contained in the approval letter for MS 99-04 for those other approvals.
10. Prior to approval of the final map, the Developer shall provide an irrevocable offer
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentatj
parcel map. Prior to the issuance of any building permits, the trail shall be construcl
as a public trail for public use and accepted by the City of Carlsbad upon adoption o
Citywide Trails Program that includes provisions for maintenance and liabili
Otherwise, prior to issuance of any building permits, the obligation for acceptan
construction, maintenance, and liability shall be the responsibility of another ager
designated by the City or the responsibility of the Homeowner’s Association.
11. The applicant shall record a Parcel Map for this project with the County Recorc
of San Diego County within two (2) years of approval or this Coastal Developmc
Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinancc
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fe
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 fees/exactions.
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 feedexactit
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni
zoning, grading or other similar application processing or service fees in connection with 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi?
a NOTICE similar to this, or as to which the statute of limitations has previously othem
expired.
PC RES0 NO. 47 19 -4-
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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 19th day of January, 2000, by t
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
Lfl!!,PdU
WILLIAM COMPAS, Chairpedson
CARLSBAD PLANNING COMMISSION
ATTEST:
” MICHAEL J. HOLZ~LER
Planning Director
PC RES0 NO. 47 19 -5-