HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 51381
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PLANNING COMMISSION RESOLUTION NO. 5138
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
53 ON PROPERTY GENERALLY LOCATED ON THE
NORTHEAST CORNER OF POINSETTIA LANE AND
AVIARA PARKWAY IN LOCAL FACILITIES MANAGE-ENT
ZONE 20.
CASE NAME: CARLSBAD PROMENADE
CASE NO.: CDP 00-53
WHEREAS, Carlsbad Promenade Partners, LLC, a Delaware limited
liability company, “Developer”/“Owner” has filed a verified application with the City of
Carlsbad regarding property described as
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 00-
The northwest quarter of the southwest quarter of the
southwest quarter together with the south half of the southwest
quarter of the southwest quarter both of Section 22, Township
12 south, Range 4 west, San Bernardino Meridian, in the
County of San Diego, State of California, according to the
official plat thereof, together with Lot 1 of Carlsbad Tract No.
91-12, Mariners Point Unit 1, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof no.
13394, filed in the office of the County recorder of San Diego
County, California on January 24,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “R” dated January 16, 2002, on file in the
Planning Department, CARLSBAD PROMENADE - CDP 00-53 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of January 2002,
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.
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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.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL, of CARLSBAD PROMENADE - CDP 00-53
based on the following findings and subject to the following conditions:
Findings:
1. 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 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; no impacts are
proposed to dual criteria slopes; and no significant 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
1.5 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.
Conditions:
Note:
1.
2.
Unless otherwise specified herein, all conditions shall be satisfied prior to final map or
issuance of a grading permit, whichever occurs first.
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.
PC RES0 NO. 5 138 -2-
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3.
4.
5.
6.
7.
8.
9.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
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 ZC 00-06, CT 00-19, and HDP 00-10
and is subject to all conditions contained in Planning Commission Resolutions No. 5135,
5137, and 5139 for those other approvals.
The applicant shall receive and record a final 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.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
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 I1 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 shall be determined by the City Council and 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.
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 fkom date of final approval to protest imposition of these feedexactions. 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.
PC RES0 NO. 5138 -3-
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You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of January 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES:
ABSENT:
ABSTAIN:
"J
A
SEENA TRIGAS, Chairpbon
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5 138 -4-