HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56301
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PLANNING COMMISSION RESOLUTION NO. 5630
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 03-25 TO ALLOW THE
CONSTRUCTION OF 28 SINGLE-FAMILY HOMES ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
CORNER OF POINSETTIA LANE AND BLACK RAIL ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: MORNING RIDGE
CASE NO.: CDP 03-25
WHEREAS, Keystone Communities, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Keystone Communities 28
LLC, “Owner,” described as
Lots 1 to 30 of City of Carlsbad Tract No. CT 98-05, De Jong
property, in the City of Carlsbad, County of San Diego, State
of California, according to map thereof No. 14636 filed in the
Office of the County Recorder on July 23,2003
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “BB” dated May 19, 2004, on file in the
Planning Department, MORNING RIDGE - CDP 03-25, as provided by Chapter 2 1.201.040 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of May 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:
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 MORNING RIDGE - CDP 03-25 based on the following findings
and subject to the following conditions:
Findin ps:
1.
2.
3.
4.
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 project consists of the construction of 28 single-family homes
on 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.
The Planning Director has determined that
a. the project is a project for which a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (De Jong Residential Project
- CT 98-05, dated May 11,1999) was previously adopted.
b. this project is consistent with the project cited above;
c. the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (De Jong Residential Project - CT 98-05) was adopted in
connection with the prior project;
d. the project has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program;
e. none of the circumstances requiring further environmental compliance under
CEQA Guidelines Section 15 162;
f. the Planning Commission finds that all feasible mitigation measures identified in
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
PC RES0 NO. 5630 -2-
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Program (De Jong Residential Project - CT 98-05, dated May 11,1999) which
are appropriate to this Subsequent Project have been incorporated into this
Subsequent Project.
5. 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
grading and/or building permit.
1. This approval is granted subject to the approval of SDP 03-13 and is subject to all
conditions contained in Planning Commission Resolution No. 5629 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 21.201.210 of the Zoning Ordinance.
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 occur 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 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
PC RES0 NO. 5630 -3-
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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 19th day of May 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
and Whitton
NOES: None
ABSENT: Commissioners Montgomery and Segall
ABSTAIN: None
rn21u
MdLISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5630 -4-