HomeMy WebLinkAbout2000-08-02; Planning Commission; Resolution 47891
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PLANNING COMMISSION RESOLUTION NO. 4789
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 00-02 TO
CONSTRUCT 37 SINGLE-FAMILY HOMES ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF BLACK
RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH
OF AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: HADLEY PROPERTY
CASE NO.: CDP 00-02
WHEREAS, Ryland Homes of California, Inc., a Delaware corporation,
“Developer” and “Owner,” has filed a verified application with the City of Carlsbad regarding
property described as
A portion of the south half of the southwest quarter of the
southeast quarter of Section 22, Township 12 south, Range 4
west, San Bernardino base and meridian, in the County of San
Diego, State of California, according to the United States
Government Survey
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Revised Exhibits “A” - “R” dated August 2,2000, on file in
the Planning Department, HADLEY PROPERTY - CDP 00-01 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of July 2000 and on
the 2nd day of August, 2000, 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B)
Findings:
That based on the evidence presented at the public hearing, the Commission
APPROVES HADLEY PROPERTY - CDP 00-01 based on the following
findings and subject to the following conditions:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project complies with all applicable
requirements of the Mello II Segment of the Local Coastal Program and policies
concerning the conversion of coastal agricultural and environmentally sensitive
habitat areas.
2. The project complies with the requirements of the Coastal Agricultural Overlay
Zone as the project has been previously conditioned to pay the agricultural
conversion mitigation fee to develop the property with other than agricultural uses.
3. The project also complies with the requirements of the Coastal Resource Protection
Overlay Zone as slopes over 25 percent containing coastal sage scrub and chaparral
are being preserved with the approval of the Tentative Map (CT 98-17).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit.
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. The 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-
PC RESO NO. 4789 -2-
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4.
5.
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 approval is granted subject to the approval of SDP O-01 and is subject to all
conditions contained in Planning Commission Resolution 4788.
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
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 tile 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 fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
.
PC RESO NO. 4789 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of August, 2000, by the
following vote, to wit:
AYES: Chairperson Compaq Commissioners Heineman, L’Heureux,
Segall, and Trigas
NOES:
ABSENT: Commissioners Baker and Nielsen
ABSTAIN:
WILLIAM COMPAS, Chair&on
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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