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HomeMy WebLinkAbout2003-03-05; Planning Commission; Resolution 53751 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. 5375 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL SINGLE FAMILY HOMES ON PROPERTY GENERALLY LOCATED EAST OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONES 19 AND 20. CASE NAME: TABATMA 22 CASE NO.: CDP 02-46 WHEREAS, Lucas and Mercier Development, Inc, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad 25, a California Limited Liability Company, “Owner,” described as DEVELOPMENT PERMIT CDP 02-46 TO CONSTRUCT 25 Lots 1 through 16, inclusive, of Carlsbad Tract No. 00-13, as shown on the Map thereof No. 14440, recorded September 17, 2002 together with lots 140 through 149 of Carlsbad Tract 92-3 Aviara Phase I11 Unit No. 7, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13513, filed in the office of the County Recorder of San Diego County (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “U” dated March 5, 2003, on file in the Planning Department, TABATNPA 22 - CDP 02-46 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, 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 the CDP. 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 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 TABATA/PA 22 - CDP 02-46 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for single family residential development and the development consists of the construction of twenty- five single family homes on previously graded property; the development does not obstruct views of the coastline as seen from public lands or public rights-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 site. 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 one mile from Batiquitos Lagoon and over two miles from the Pacific Ocean and no coastal access areas or water-oriented recreational activities exist on or near the project site. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 2 1.03 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run off, pollutants 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 has been previously conditioned to pay the agricultural conversion mitigation fee to develop the property with other than agricultural uses and no further agricultural impacts will occur with this project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit. 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 PC RES0 NO. 5375 -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 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. 3. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and.issuance of this Coastal Development permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 4. This approval is granted subject to the approval of the Negative Declaration and SDP 02-11 and is subject to all conditions contained in Planning Commission Resolutions No. 5373 and 5374 for those other approvals and incorporated herein by reference. 5. 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 2 1.201.2 10 of the Zoning Ordinance. 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 fees/exactions. 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 PC RES0 NO. 5375 -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 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. 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 n ATTEST: MICHAEL J. HO-MILL~ Planning Director PC RES0 NO. 5375 -4-