HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56131
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PLANNING COMMISSION RESOLUTION NO. 5613
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENERALLY LOCATED AT THE NORTHERN TERMINUS
MENT ZONE 1.
CASE NAME: DUNN RESIDENCE
DEVELOPMENT PERMIT CDP 02-42 ON PROPERTY
OF HIGHLAND DRIVE IN LOCAL FACILITIES MANAGE-
CASE NO.: CDP 02-42
WHEREAS, James Dunn, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as:
That portion of the northwest quarter of the southwest quarter of
Section 31, Township 11 south, Range 4 west, San Diego meridian,
in the County of San Diego, State of California, according to the
United States Government Survey, approved April 5, 1881, together
with a portion of Lots 4 and 5 of Cedar Hill addition to the town of
Carlsbad, according to Map thereof No. 532, filed in the office of the
County Recorder of San Diego County, April 25,1888, all being in
the City of Carlsbad, County of San Diego, State of California and
described as per Grant Deed recorded September 25, 1962 as File
No. 164830 of official records filed in the office of the County
Recorder of San Diego County, State of California, described herein
as Deed 1, along with that portion described per Corporation Grant
Deed recorded April 9, 1963 as File No. 60557 of official records,
filed in the office of the County Recorder of San Diego County, State
of California, described herein as Deed 2, and as shown on Record
of Survey 13744, recorded May 7, 1992 as File No. 92-27634 filed in
the office of the County Recorder of San Diego County, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “J” dated April 21, 2004, on file in the
Planning Department, DUNN RESIDENCE - CDP 02-42 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
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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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES DUNN RESIDENCE - CDP 02-42 based on the following
findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that no agricultural lands exist on or near the
site, fire suppression impacts to sensitive vegetation will be mitigated, the soils
investigation performed for the property indicates that grading of steep slopes is
necessary to stabilize a building pad and the project qualifies for an exception, no
wetlands or dual criterion slopes will be impacted by the necessary remedial
grading, increased urban run off, pollutants and soil erosion will be avoided in
conformance with City standards, and no significant public view points are on or
near the site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that no coastal access areas or water oriented recreational
activities exist on or near the site.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 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 (JUMP) to avoid increased urban run off,
pollutants and soil erosion. Pursuant to Section 21.203.040A(2)(a), the project
qualifies for an exception to the prohibition of grading of steep slopes that do not
possess sensitive vegetation because a soils investigation has determined that
remedial grading is necessary to stabilize the slope area for at least 75 years or the
life of proposed structures. Grading of the slope is also essential to the development
intent and design because the single-family lot is undevelopable without slope
stabilization due to past undocumented fill which has eroded over time. No
interruption of a significant wildlife corridor will occur. The proposed slope
combined with two 6' high retaining walls at the base of the slope avoids impacts to
sensitive vegetation located on steep slopes further to the north and all
environmental impacts have been mitigated.
PC RES0 NO. 5613 -2-
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Conditions:
Note:
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2.
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6.
Unless otherwise specifiec
grading permit.
,,erein, all conditions shall be satisfied prior to issuance o
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.
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.
This approval is granted subject to the approval of the Mitigated Negative Declaration,
Addendum and Mitigation Monitoring and Reporting Program, and HDP 02-10 and
is subject to all conditions contained in Planning Commission Resolutions No. 561 1
and 5612 for those other approvals incorporated herein by reference.
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 21.201.210 of the Zoning Ordinance.
Engineering:
7. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
If a grading permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the “dry season,” April
1st to October 1st of each year. Grading activities may be extended to November 15th
PC RES0 NO. 5613 -3-
8.
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upon written approval of the City Engineer and only if all erosion control measures are in
place by October 1st. If the raptor nesting season delays grading activity from
February 1 through August 30, due to the required 500 foot buffer from nesting
birds, grading activities are allowed during a portion of the “rainy season.” All
erosion control and revegetation measures must be fully implemented prior to the grading
prohibition period. Any extensions must receive written approval of the City Engineer
and the responsible wildlife agencies (California Department of Fish and Gamemnited
States Fish and Wildlife Service).
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 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 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.
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PC RES0 NO. 5613 -4-
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Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
f 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, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5613 -5-