HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55621
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PLANNING COMMISSION RESOLUTION NO. 5562
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENERALLY LOCATED NORTH OF THE SOUTH
CARLSBAD STATE CAMPGROUNDS AND WEST OF
CARLSBAD BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: NORTH PONTO TOILET
DEVELOPMENT PERMIT CDP 03-27 ON PROPERTY
CASE NO.: CDP 03-27
WHEREAS, the California Department of Parks and Recreation,
“Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property,
described as
A portion of La Costa State Park in the City of Carlsbad,
County of San Diego, State of California, west of Carlsbad
Boulevard (Hwy 101), southerly of Lot 1 of Poinsettia Beach
Unit No. 1 per Map No. 3897, and northerly of the northerly
boundary and its westerly prolongation of Sea Bluff Village
per Map No. 7274, both maps filed in the Office of the County
Recorder of said county
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” and “B” dated February 4,2004, on file in the
Planning Department, NORTH PONTO TOILET - CDP 03-27 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of February 2004,
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.
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NOW, THEREFOREy 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 NORTH PONTO TOILET - CDP 03-27 based on the following
findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is located within the Mello I1 Local
Coastal Program with Open Space designations that allow for the restroom use in
the context of improving health, safety and welfare in a public beach area. The
proposed toilet structure will replace two temporary portable toilet stalls currently
located on the north end of the project area.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the toilet will provide restroom facilities for this high-use
beach area that is handicap accessible and can be adequately maintained to enhance
the public beach use and access in this area. The structure will not preclude direct
beach access since it is designed to convert an existing parking space.
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.
Since the project site is located on a shallow coastal bluff (approximately 5 feet in
height), the provisions of the Coastal Shoreline Development Overlay Zone apply.
These include the review of geotechnical reports, and conditions of approval that
indemnify the City and Coastal Commission from the proposed development.
The project implements existing Mello I1 LCP policies including Policy 7-11, State
Beach Lands, which specifies that certain portions of underutilized property
provide future recreational facilities and beach access points. While the toilet is
proposed for an existing parking space, it will provide enhanced recreational beach
opportunities by providing a safe and handicap accessible restroom amenity.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
PC RES0 NO. 5562 -2-
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1.
2.
3.
4.
5.
6.
7.
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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance
This approval is granted subject to the approval of CUP 03-20 and is subject to all
conditions contained in Planning Commission Resolution No. 5561 for those other
approvals incorporated herein by reference.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnifjr, 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.
Developer shall submit to Planning Director a reproducible 24” x 36” mylar copy of the
Site Plan reflecting the conditions approved by the final decision making body.
PC RES0 NO. 5562 -3-
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8.
9.
10.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits
A waiver of public liability shall be recorded on the property, prior to building
permit issuance that indemnifies the City of Carlsbad and the California Coastal
Commission as required by 21.204.120 of the municipal code for bluff top
developments.
Since the toilet structure is designed as a non-permanent structure (no water lines or
sewer connections), it shall be removed offsite if determined that the structure poses
any risk of failure, collapse, instability or otherwise impacts public safety as
determined in writing by the City’s Planning Director and Public Works Director.
The timing and specific provisions of the toilet structure’s removal shall be outlined
in the written City determination, including the return of the site to pre-project
conditions.
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 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
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. 5562 -4-
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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 4th day of February 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5562 -5-