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HomeMy WebLinkAbout2002-12-18; Planning Commission; Resolution 53271 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. 5327 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO COASTAL GRADING FOR THE DEVELOPMENT OF AN 83 ACRE, 262 UNIT RESIDENTIAL SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF POINSETTIA LANE, BETWEEN AVLARA PARKWAY AND SNAPDRAGON DWE IN THE COASTAL ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: THOMPSON/TABATA CASE NO.: CDP 98-68(A) WHEREAS, Standard Pacific Homes, “Developer”/“Owner,” has filed a DEVELOPMENT PERMIT CDP 98-68 TO ALLOW WINTER verified application with the City of Carlsbad regarding property described as The northeast quarter of the northeast quarter and the southeast quarter of the northeast quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, according to official plat thereof; together with that portion of the southeast quarter of Section 21, Township 12 South, Range 4 West of the San Bernardino Meridian, according to official plat thereof, shown on Parcel B on a Certificate of Compliance recorded November 7, 1988 as File No. 88-569475 and on Record of Survey Map No. 12096, filed on March 23,1989; all lying within the City of Carlsbad, County of San Diego, State of California; except therefrom those portions thereof vested with Tabata Brothers Partnership by documents recorded November 13, 1972 as File No. 303362 and November 4, 1974 as Files No. 74-292547 and 74-292548; and except therefrom those portions lying within Poinsettia Lane and Rose Drive as described in Files No. 89-546752,89-637695,90-146889 and 91- 0036964 of Official Records (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits “A” - “EEEE” dated November 7, 2001, on file in the Planning Department, THOMPSONRABATA - CDP 98-68(A) as provided by Chapter 21.201 of the Carlsbad Municipal Code; and 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 WHEREAS, the Planning Commission did, on the 18th day of December, 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 Coastal Development Permit Amendment. WHEREAS, on December 5, 2001, the Planning Commission recommended approval of CDP 98-68, as described and conditioned in Planning Commission Resolution No. 5078. WHEREAS, on January 22, 2002, the City Council approved CDP 98-68, as described and conditioned in Planning Commission Resolution No. 5078. 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 Planning Commission RECOMMENDS APPROVAL of THOMPSONiTABATA - CDP 98-68(A) based on the following findings and subject to the following conditions: Findinps: 1. The adopted findings for CDP 98-68 which are contained in Planning Commission Resolution No. 5078 apply to this extension and are incorporated by this reference. 2. The project’s grading is in an area of low risk in that the site is located east of Interstate 5 and the project’s drainage, which flows to the existing detention basin system north of Batiquitos Lagoon, does not impact any lagoons or drain directly into the ocean. 3. That the proposed erosion control measures and drainage improvements will result in better erosion control and water quality than the existing condition. Conditions: 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 PC RES0 NO. 5327 -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 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 future building permits; deny, revoke or hrther 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 Amendment. 2. All conditions of approval imposed upon Coastal Development Permit CDP 98-68 as stated in Planning Commission Resolution No. 5078 shall apply as conditions of approval for CDP 98-68(A) and are incorporated by this reference, except Condition No. 8 is replaced by Condition No. 3 below. 3. The project’s grading is in an area of low risk to sensitive coastal resources and, therefore, grading operations are allowed year-round provided that, prior to the commencement of grading operations, all erosion and sediment control protective devices designed to prohibit discharge of sediments offsite during and af’ter the grading operation is completed must be installed to the satisfaction of the City Engineer. 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 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 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. 5327 -3- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 18th day of December, 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners: Baker, Dominguez, Heineman, Segall, White, and Whitton. NOES: None. ABSENT: None. ABSTAIN: None. SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOL~ILM Planning Director PC RES0 NO. 5327