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HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 49151 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. 4915 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 99- 17 TO GRADE AND SUBDIVIDE 5.04 ACRES INTO 12 RESIDENTIAL LOTS AND 1 OPEN SPACE LOT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, BETWEEN POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: BUERGER SUBDIVISION CASE NO.: CDP 99-17 WHEREAS, William and Anita Buerger, “Developer,“/“Owner,” have filed a verified application with the City of Carlsbad regarding property, described as Parcel 1: The northwest quarter of the southwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, approved April 21,189O. Parcel 2: The northeast quarter of the southwest quarter of the northwest quarter of the northeast quarter of Section 27, 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 approved April 21,189O. Parcel 3: An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government survey approved April 2’1,189O. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “I” dated February 21, 2001, on file in the 1 2 ? 4 4 f i 8 s 1c 11 12 13 14 15 16 17 1E 1s 2c 21 22 23 24 25 26 27 28 Planning Department, BUERGER SUBDIVISION - CDP 99-17 as provided by Chapter 21.201.040 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2lst 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: A) W Findines: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BUERGER SUBDIVISION - CDP 99-17 based on the following findings and subject to the following conditions: 1. 2. 3. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that no prime agricultural lands exist on or near the site; no impacts will occur to environmentally sensitive habitats; no coastal access is or will he 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; the soils investigation performed for the property indicates that the site including the minimal area (2,352 square feet) of steep slopes is stable, grading of the slopes is essential to the development design, and disturbance to the area will not alter major wildlife habitat or native vegetation; 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 over 1 mile from Batiquitos Lagoon and over 2 miles from the Pacific Ocean and no coastal access areas or water-oriented recreational activities exist on or near the project site. The project complies with the requirements of the Coastal Agricultural Overlay Zone as the project has been conditioned to pay the agricultural conversion mitigation fee to develop the property with other than agricultural uses. PC RESO NO. 4915 -2- 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 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map or issuance of a grading permit, whichever occurs first. 1. This approval is granted subject to the approval of ZC 99-05, LCPA 99-03, CT 99-10, and HDP 99-08 and is subject to all conditions contained in Planning commission resolution No. 4911,4912,4913, and 4914 for those other approvals. 2. 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 ofthe 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 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. 4915 -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 21st day of February 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, Nielsen, and Trigas NOES: ABSENT: Commissioner L’Heureux ABSTAIN: ATTEST: Planning Director PC RESO NO. 4915 -4-