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HomeMy WebLinkAbout2000-01-19; Planning Commission; Resolution 4719f 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 0 0 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: f 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 1 e 0 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- f 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 1 0 0 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- U 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 0 e 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- f 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 e 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-