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HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 51841 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. 5184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 01-42 TO ALLOW THE CONSTRUCTION OF TWELVE AIRSPACE CONDO- MINIUM UNITS ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SIDE OF LAGUNA DRIVE AT THE NORTHERN TERMINUS OF MADISON STREET IN THE MELLO I1 LCP WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: CASA LAGUNA CASE NO.: CDP 0 1-42 WHEREAS, Laguna Carlsbad L.L.C., “Developer/Owner” has filed a verified application with the City of Carlsbad regarding property described as Per legal description attached to Planning Commission Resolution No. 5180 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “M” dated June 5, 2002, on file in the Planning Department, CASA LAGUNA - CDP 01-42 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of June, 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES CASA LAGUNA - CDP 01-42 based on the following findings and subject to the following conditions: 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 Findings: 1. 2. 3. 4. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for multiple family residential development and the development consists of the construction of 12 airspace condominium units on a previously developed property; the development does not obstruct views of the coast line as seen from public lands or public right-of- way or otherwise damage the visual beauty of the coastal zone; and no agricultural activities, sensitive resources, geological instability or coastal access opportunities exist on the previously graded and developed site. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X 0: the Land Use Plan, certified September 1990 and, therefore, is not subject to thc provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that there are no public recreation or access requirements for this property. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map approval (CT 01-16). 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 modi@ all approvals herein granted; deny or further condition issuance of all hture 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. PC RES0 NO. 5 184 -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 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. This approval is granted subject to the approval of the project’s Negative Declaration, CT 01-16, SDP 01-15, and CP 02-01 and is subject to all conditions contained in the Planning Commission Resolutions 5180,5181, 5182 and 5183 for those other approvals and incorporated herein by reference. 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 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... ... ... ... ... ... ... PC RES0 NO. 5 184 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 15 18 15 2c 21 22 22 24 2: 2f 2; 2t PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of June, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None - SEENA TRIGAS, Chairpersonr CAIUSBAD PLANNING COMMISSION PC RES0 NO. 5 184 -4-