HomeMy WebLinkAbout2003-03-05; Planning Commission; Resolution 53011
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PLANNING COMMISSION RESOLUTION NO. 5301
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP
BUILDING CONTAINING 75,000 SQUARE FEET ON 3.79
ACRES OF PROPERTY GENERALLY LOCATED AT THE
NORTHERLY INTERSECTION OF ARMADA DRIVE AND
FLEET STREET WITHIN PLANNING AREA 2 OF THE
CARLSBAD RANCH SPECIFIC PLAN IN LOCAL FACILITIES
MANAGEMENT ZONE 13
CASE NAME: OCEAN RIDGE AT CARLSBAD RANCH
CASE NO.: CDP 02-21
WHEREAS, Lowe Enterprises Commercial Group, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Palomar Cannon
Partnership, “Owner”, described as
02-21 FOR A THREE-STORY MULTI-TENTANT OFFICE
Lot 12 of Carlsbad Ranch 94-09, Carlsbad Ranch Units 2 and
3, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 13408 filed in the
Office of the County Recorder of San Diego County, April 1,
1997.
(“the Property”); and
WHEREAS, said verified application constitutes a request for, a Coastal
Development Permit as shown on Exhibits t’A” - “L” dated March 5, 2003, on file in the
Planning Department, OCEAN RIDGE AT CARLSBAD RANCH - CDP 02-21 as provided by
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commigsion did, on the 6th day of November 2002,
and on the 5th day of March, 2003, 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 CDP 02-21.
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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 OCEAN RIDGE AT CARLSBAD
RANCH - CDP 02-21 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 the project is in compliance with the
relevant policies of the Mello I1 Segment of the Local Coastal program, the
Carlsbad Ranch Specific Plan which serves as partial implementation for the Mello
I1 Segment for the project site, and the Coastal Resources Protection Overlay Zone.
2. The project complies with the requirements of the Coastal Resource Protection
Overlay Zone as the project site has been previously graded pursuant to the Master
Tentative Map (CT 94-09) for Carlsbad Ranch. No sensitive vegetation exists on the
project site. Drainage facilities to remove pollutants from site runoff are also
provided. The time limitations on grading in the Coastal Zone have been applied as
a condition of this permit.
3. Agricultural Conversion Mitigation Fees have been previously paid for properties
within Planning Area 2 of the Carlsbad Ranch Specific Plan as required by the
Mello I1 Segment of the Local Coastal program and California Coastal Commission
Permit Number 6-96-9.
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
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
fbture building permits; deny, revoke or mher 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.
11 PC RES0 NO. 5301 -2-
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3.
4.
5.
This approval is granted subject to the approval of SDP 02-06 and is subject to all
conditions contained in Planning Commission Resolution No. 5300 for SDP 02-06,
incorporated herein by reference.
Building permits shall be issued 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.
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 or beyond upon written
approval of the City Engineer and only if all erosion control measures are in place by
October 1 st.
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 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.
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PC RES0 NO. 5301 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of March, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Segall,
Montgomery, White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
m R, Chairperson CAI&S&I PLANNING COMMISSION
ATTEST:
MICHAEL J. mZMIk?,ER
Planning Director
PC RES0 NO. 5301 -4-