HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 49151
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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
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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-
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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-
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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 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-