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HomeMy WebLinkAbout2001-02-07; Planning Commission; Resolution 49091 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. 4909 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 00-45 TO CONSTRUCT THREE CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF OCEAN STREET AND PACIFIC AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: OCEAN VILLAS CASE NO.: CDP 00-45 WHEREAS, OCEAN VILLAS, INC, “Developer,” and “Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lots 7 and 8 of Granville Park, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1782, filed in the office of the county recorder of San Diego County, February 21,1924 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “K” dated February 7, 2001, on tile in the Planning Department, OCEAN VILLAS - CDP 00-45 as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of February 2001, 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: -4 B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES OCEAN VILLAS - CDP 00-45 based on the following findings and subject to the following conditions: 1 2 3 4 i t i E s 1C 11 12 13 14 15 16 17 IE 19 2c 21 22 23 24 25 26 27 28 Findings: 1. 2. 3. 4. 5. 6. That the proposed development is in conformance with the Mello II segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the project’s density is consistent with the RMH LCP land use designation; no prime agricultural lands exist on or near the site; no impacts will occur to environmentally sensitive habitats; no coastal access is or will be needed through or adjacent to the project site; erosion will be controlled by grading in conformance with the City’s Standards; grading will be restricted to the summer season; the site contains no wetlands or dual criteria slopes; and no significant view points are on or near the site. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is located on the east side of the first public street and no coastal access areas or water-oriented recreational activities exist on or near the project site. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1980 and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 153031, (multi-family residential structure totaling no more than four dwelling units) of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; tire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need, Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities, PC RESO NO. 4909 -2. t ; I s lf 11 1; 1: 14 15 1t 1; 1E IS 2( 21 22 23 24 25 26 27 28 7. 8. B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 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 building 1. 2. 3. 4. 5. permit issuance. 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. 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. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. This approval is granted subject to the approval of MS 00-09 and CP 00-10 and is subject to all conditions contained in the administrative approval documents for those other approvals. This approval is granted subject to the approval of SDP 00-13 and is subject to all conditions contained in Planning Commission Resolution No. 4908 for those other approvals. PC PESO NO. 4909 -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 6. 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 tinal 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 file 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. 4909 -4- 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 7th day of February 2001, by the following vote, to wit: AYES: Commissioners Baker, Heineman, L’Heureux, and Trigas NOES: Chairperson Segall, Commissioners Compas, and Nielsen ABSENT: ABSTAIN: c,b CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J%OLtiILLER Planning Director PC RBSO NO. 4909 -5.