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Home My WebLink About2001-06-20; Planning Commission; Resolution 49901 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. 4990 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT 01-07 TO SUBDIVIDE 2.027 ACRES INTO FOUR LOTS 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: LYNN PARCEL MAP CASE NO.: CDP 01-07 WHEREAS, William R. Lynn and Candace C. Lynn, “Developer,” and “Owner,” has filed a verified application with the City of Carlsbad regarding described as That portion of the south half of the northeast quarter of the southeast quarter of Section 22, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit “AA” dated June 20, 2001, on file in the Planning Department, LYNN PARCEL MAP - CDP 01-07 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of June 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) That the foregoing recitations are true and correct. 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 9 That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LYNN PARCEL MAP - CDP 01-07 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the proposed amendment to 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 be needed through or adjacent to the project site; and no significant public view points are on or near the site. 2. 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. 3. 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. 4. The project also complies with the requirements of the Coastal Resource Protection Overlay Zone as 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. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final parcel map approval or certificate of compliance. 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. 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 PC RESO NO. 4990 -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 4. 5. 6. 7. 8. unless the City Council determines that the project without the condition complies with all requirements of law. This approval is granted subject to the adoption of the Negative Declaration and approval of ZC 01-03, LCPA 01-04 and is subject to all conditions contained in Planning Commission Resolution Nos. 4987,498s and 4989 for those other approvals. The applicant shall apply for and be issued a Tentative Parcel Map 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. If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Local Coastal program, the applicant shall provide payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net converted acre of non-prime agricultural land. The amount of the fee as determined by the City Council shall be paid by the applicant prior to approval of the final map or issuance of any grading permit, whichever occurs first and shall be consistent with the provisions of Carlsbad’s LCP. CDP 01-07 shall be effective on the date the California Coastal Commission certifies LCPA 01-04. 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. 4990 -3- PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of June 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen, and Trigas NOES: ABSENT: Commissioners Compas and L’Heureux ABSTAIN: a CARLSBAD PLANNING COMMISSION ATTEST: - MICHAEL J. HOLZMtiER Planning Director PC RESO NO. 4990 -4-