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HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56061 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. 5606 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 37 FOR THE DEVELOPMENT OF PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF POINSETTIA LANE AND BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: BLACK RAIL RIDGE APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 03- CASE NO.: CDP 03-37 WHEREAS, Pacific Coast Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Norman G. Gallagher and Laird and Catherine Ann Cameron, “Owners,” described as The north half of the northeast quarter of the southeast quarter of the southwest quarter of Section 22, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “S” dated April 21, 2004, on file in the Planning Department, BLACK RAIL RIDGE - CDP 03-37 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of April 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public ,,caring, the Commission RECOMMENDS APPROVAL of BLACK RAIL RIDGE - CDP 03-37 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 development does not obstruct public views of the coastline as seen from public lands or rights-of-way; erosion will be controlled by grading in conformance with the City’s Standards and restricted to the summer season; no sensitive resources, public access or shoreline access, or water-oriented recreation activities are impacted. 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 1 mile from Batiquitos Lagoon and 1.5 miles from the Pacific Ocean and no coastal access areas or water-oriented recreational activities exist on or near the site. 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. The project complies with the requirements of the Coastal Agricultural Overlay Zone as the project is conditioned to pay the agricultural conversion mitigation fee to develop with other than agricultural uses. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of grading permit, whichever occurs first. 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 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 PC RES0 NO. 5606 -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 3. 4. 5. 9. 10. 11. 12. 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. 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 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. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation and Monitoring Report, ZC 03-08, LCPA 03-09, and CT 03-13 and is subject to all conditions contained in Planning Commission Resolutions No, 5602,5603, 5604 and 5605 for those other approvals incorporated herein by reference. The applicant shall receive and record a final map 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. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello I1 Local Coastal Program, the applicant shall provide payment of the agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net converted acre of non-prime agricultural land. The amount of the fee shall be determined by the City Council and be paid by the applicant prior to approval of the final map or issuance of any grading permit, whichever occurs first and shall be consistent with the provisions of Carlsbad’s Local Coastal Program. PC RES0 NO. 5606 -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 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 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 21st day of April 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, and Whitton NOES: Commissioner Segall ABSENT: None ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: I--& MICHAEL J. H?&ZME!ER Planning Director PC RES0 NO. 5606 -4-