HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 47311
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PLANNING COMMISSION RESOLUTION NO. 4731
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF CHINQUAPIN AVENUE BETWEEN GARFIELD STREET
AND THE AT&SF RAILROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD BEACH ESTATES
CASE NO.: CDP 99-02
WHEREAS, Merit Group, Inc., “De~eloper’~, has filed a verified applicat
with the City of Carlsbad regarding properties owned by H. David Buckmaster and Patricia
Buckmaster (tenants in common) and by Carlsbad Beach Group Investors LLC, “Owner
described as
COASTAL DEVELOPMENT PERMIT CDP 99-02 ON
The southwesterly 63 feet of Lot 6 and all of Lot 7, Block T, of
Palisades Unit No. 2, in the City of Carlsbad, County of San
Diego, State of California, according to Map 1803, filed August
25,1924
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coa:
Development Permit as shown on Exhibits “A” - “R” dated March 15, 2000, on file in
Planning Department, CARLSBAD BEACH ESTATES - CDP 99-02 as provided by Char
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, hc
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 fact1
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 Commiss.
APPROVES CARLSBAD BEACH ESTATES - CDP 99-02 based on
following findings and subject to the following conditions:
FindinFs:
1. That the proposed development is in conformance with the Certified Local Coa!
Program and all applicable policies in that: a) the development is a residenr
development on an in-fill previously developed (residential) site; b) the site suppo
no agricultural activities; c) the site contains no sensitive resources; and d)
geological instability, flood hazards or coastal access opportunities exist on the sitc
2. The proposal is in conformity with the public access and recreation policies of Chapte
of the Coastal Act in that: a) the project site is not located adjacent to the shore a]
therefore, the project will not interfere with the public’s right to physical access
the sea; b) the project site is not suited for water-oriented recreational activities;
contains no marine resources; d) contains no sensitive habitat and supports
agricultural activities; and, e) is surrounded by residential developments.
3. The proposed project is consistent with the provisions of the Coastal Resou:
Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code) in tl
a) the site contains no steep slopes or native vegetation; b) the project site is I
located in an area prone to landslides, or susceptible to accelerated erosion, floc
or liquefaction; and c) the project will adhere to the City’s Master Drainage a
Storm Water Quality Management Plan and Grading Ordinance to avoid increaz
runoff and soil erosion.
~ Conditions:
1. This approval is granted subject to the approval of CT 99-01, SDP 99-02, and PUD !
01/CP 00-01 and is subject to all conditions contained in Planning Commissi
Resolutions No. 4727 (Neg Dec), 4728,4729, and 4730 for those other approvals.
2. The applicant shall apply for and be issued building permits for this project within t
(2) years of approval or this coastal development permit will expire unless extended
Section 2 1.201.21 0 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and obtail
grading pennit issued by the City Engineer.
4. If a grading permit is required, all grading activities shall be planned in units that can
completed by October 1st. Grading activities shall be limited to the “dry season”, A1
1st to October 1st of each year. Grading activities may be extended to November 1
upon written approval of the City Engineer and only if all erosion control measures arc
place by October 1st. I
...
PC RES0 NO. 4731 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fi
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days fiom 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 planni
zoning, grading or other similar application processing or service fees in connection with t
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been giy
a NOTICE similar to this, or as to which the statute of limitations has previously othem
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
*AWL
WILLIAM COMPAS, Chairpegon
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director )I PC RES0 NO. 4731 -3-