HomeMy WebLinkAbout2002-02-20; Planning Commission; Resolution 51111
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PLANNING COMMISSION RESOLUTION NO. 5111
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENEWLY LOCATED AT THE NORTHERN
TERMINUS OF AMBROSIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: ZONE 19 PARK
CASE NO.: CDP 01-31
WHEREAS, City of Carlsbad, "Developer"/"Owner" has filed a verified
COASTAL DEVELOPMENT PERMIT CDP 01-31 ON
application with the City of Carlsbad regarding property described as
Those portions of Section 35, Township 12 South, Range 4
West and Section 2, Township 13 South, Range 4 West, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to official plan thereof,
said property being more particularly described in Exhibit
"A" of Quitclaim Deed recorded march 28,1989 as File No. 89-
157040 of official records of said San Diego County.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A" - "N" dated February 20,2002, on file in the
Planning Department, ZONE 19 PARK - CDP 01-31 as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of February 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.
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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES ZONE 19 PARK - CDP 01-31 based on the following findings
and subject to the following conditions:
Findinvs:
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That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that a) no protected agricultural lands exist on
or near the site; b) no coastal access is possible or needed through the project site; c)
any erosion will be controlled by grading in conformance with applicable City
standards; d) the site contains no designated vista points or view corridors; and, e)
the environmentally sensitive habitat on the site will remain undisturbed except for
the minor amount (40%) of disturbance necessary to allow the proposed use and to
correct the existing slope instability and which requires no mitigation.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is not located along the shoreline and this cannot
provide any public access to the shoreline and cannot provide any coastal
recreational opportunities.
The project site is not subject to the requirements of the Coastal Agriculture
Overlay Zone (Chapter 21.202 of the Carlsbad Municipal Code) because the site is
not located in the Coastal Agriculture Overlay Zone, according to Map X of the
Land Use Plan, certified September 1980.
The project site is not subject to the requirements of the Coastal Shoreline
Development Overlay Zone (Chapter 21.204 of the Carlsbad Municipal Code)
because the site is not located between the sea and the first public road parallel to
the sea.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code) in that a) the
project will comply with all applicable City grading regulations and NPDES
requirements to avoid increased runoff and soil erosion, and b) the project will not
encroach into steep slopes or sensitive resources beyond the minor encroachment
(40%) allowed by Section 21.203.040 of the Carlsbad Municipal Code and required
to allow the proposed use and to correct the existing slope instability.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading permit or building permit, whichever comes first.
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
PC RES0 NO. 51 11 -2-
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2.
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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.
Approval is granted for CDP 01-31 as shown on Exhibits "A" - "No, dated February
20, 2002, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
This approval is granted subject to the approval of MP 177@D), CUP 01-22, and HDP
01-07 and is subject to all conditions contained in Planning Commission Resolutions
No. 5156,5109, and 51 10 for those other approvals incorporated herein by reference.
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.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
Grading activities shall be limited to the "dry season", April 1st to October 1st of each
year. All grading activities shall be planned in phases so that can be completed by
October 1st. Grading activities may be extended to November 15th upon written
approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1st.
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 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.
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 feedexactions of which you have previously been given a
PC RES0 NO. 51 11 -3-
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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 20th day of February 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Heineman,
White, and Whitton
NOES:
ABSENT: Commissioner Dominguez
ABSTAIN:
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
W
ATTEST:
Planning Director
PCRESONO. 5111 -4-