HomeMy WebLinkAbout2003-11-19; Planning Commission; Resolution 55031
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PLANNING COMMISSION RESOLUTION NO. 5503
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENERALLY LOCATED EAST OF BLACK RAIL ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: AVIARA POINTE
DEVELOPMENT PERMIT CDP 03-18 ON PROPERTY
CASE NO.: CDP 03-18
WHEREAS, Nobel Homes, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Aviara Pointe, LLC, “Owner,” described as
Lots 1 to 13, inclusive, of Tract No. CT 99-10, in the City of
Carlsbad, County of San Diego, State of California, as per map
filed as No. 14518, in the Office of the County Recorder of said
County on December 20,2002
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “DD” dated November 19,2003, on file in the
Planning Department, AVIARA POINTE - CDP 03-18, as provided by Chapter 21.201.040 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of November 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)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CDP 03-18 - AVIARA POINTE based on the following findings
and subject to the following conditions:
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Findings:
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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
development and the development consists of a single-family residence on each of 12
previously subdivided and graded single-family lots; 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 subdivided lots.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that in that there are no public recreation or access
requirements for the property.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 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.
That 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.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
1. This approval is granted subject to the approval of SDP 03-05 and is subject to all
conditions contained in Planning Commission Resolution No. 5502 for that other
approval is incorporated herein by reference.
2. 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.
PC RES0 NO. 5503 -2-
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3. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
4. All construction activities shall be planned so that grading will OCCUT in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
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.
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PC RES0 NO. 5503 -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 19th day of November 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
A, Chairperson
PLANNING COMMISSION
ATTEST:
M~CHAEL J. HOEMILL%
Planning Director
PC RES0 NO. 5503 -4-