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HomeMy WebLinkAbout2000-09-06; Planning Commission; Resolution 48181 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 - PLANNING COMMISSION RESOLUTION NO. 4818 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 00-05 TO CONSTRUCT 32 SINGLE-FAMILY HOMES ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: CARNATION PROPERTY CASE NO.: CDP 00-05 WHEREAS, Ryland Homes of California, Inc., a Delaware corporation, “Developer” and “Owner,” has tiled a verified application with the City of Carlsbad regarding property described as the southeast quarter of the southeast quarter of the southwest quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the City of Carlsbad, County of San Diego, State of California, according to the United States Government Survey approved April 21,189O (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “S” dated August 16, 2000, on file in the Planning Department, CARNATION PROPERTY - CDP 00-05 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of August, 2000 and on the 6th day of September, 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: 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 4 That the foregoing recitations are true and correct. B) Findinps: That based on the evidence presented at the public hearing, the Commission APPROVES CARNATION PROPERTY - CDP 00-05 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 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 the project was conditioned to include erosion control consistent with the intent of the Overlay Zone with the approval of the Tentative Map (CT 98- 18). 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, PC RESO NO. 4818 -2- 1 2 3 4 < c i 8 S 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. (b) City’s approval or issuance of any permit or action, whether discretionary or non- 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 00-03 and is subject to all conditions contained in Planning Commission Resolution 4817. 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. 4818 -3- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of September, 2000, by the following vote, to wit: AYES : Chairperson Compas, Commissioners Segall, Baker, L’Heureux, Trigas and Heineman NOES: ABSENT: Commissioner Nielsen ABSTAIN: .-lz?%yw WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION PC RESO NO. 4818 -4.