HomeMy WebLinkAbout2003-08-06; Planning Commission; Resolution 54461
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PLANNING COMMISSION RESOLUTION NO. 5446
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENEWLY LOCATED AT THE SOUTHWEST CORNER OF
CANNON ROAD AND AVENIDA ENCINAS IN LOCAL
FACILITIES MANAGEMENT ZONE 3.
CASE NAME:
DEVELOPMENT PERMIT CDP 02-54 ON PROPERTY
BOB BAKER VEHICLE STORAGE LOT
CASE NO.: CDP 02-54
WHEREAS, Bob Baker Enterprises, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Cannon Road LLC,
“Owner,” described as
A portion of Lot H of Rancho Agua Hedionda, in the City of
Carlsbad, in the County of San Diego, State of California,
according to Map thereof No. 823 filed in the Office of the
County Recorder of San Diego County, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - ‘bE” dated August 6, 2003, on file in the
Planning Department, BOB BAKER VEHICLE STORAGE LOT - CDP 02-54, as provided
by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of August, 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.
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 BOB BAKER VEHICLE STORAGE LOT - CDP 02-54, based
on the following findings and subject to the following conditions:
Fin dings :
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That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the storage of vehicles is consistent with the
Planned Industrial (PI) land use designation; 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 and finished pad.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed
vehicle storage lot would be constructed on a graded lot that will adhere to the
City’s Master Drainage and Storm Water Ordinance and Grading Ordinance, the
Standard Urban Storm Water Mitigation Plan (SUSMP) and the Jurisdictional
Urban Runoff Management Plan (JURMP) to avoid increased runoff and soil
erosion, no steep slopes or native vegetation are 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 of
the Land Use Plan, certified September 1990 and, therefore, is not subject to the
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 2 1.204 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.
The Planning Director has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 - Infill projects of the
state CEQA Guidelines. In making this determination, the Planning Director has found
that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply
to this project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading permit.
PC RES0 NO. 5446 -2-
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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
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.
This approval is granted subject to the approval of CUP 02-32 and is subject to all
conditions contained in Planning Commission Resolution No. 5445 for that other
approval is incorporated herein by reference.
The applicant shall apply for and be issued a grading permit 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.
The project’s grading is in an area of low risk to sensitive coastal resources.
Therefore, grading operations are allowed year-round provided that, prior to
commencement of grading operations, all erosion and sediment control protective
devices designed to prohibit discharge of sediments offsite during and after 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
“feedexac tions.”
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,
PC RES0 NO. 5446 -3-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of August 2003, by the
following vote, to wit:
AYES:
NOES: Commissioner Whitton
ABSENT:
Commissioners Heineman, Montgomery, Segall, and White
Chairperson Baker and Commissioner Dominguez
ABSTAIN: None
f7tU=- /l&L&
MELISSA WHITE, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZMILYER
Planning Director
PC RES0 NO. 5446 -4-