HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56381
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PLANNING COMMISSION RESOLUTION NO. 5638
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNU, RECOMMENDING
35 ON PROPERTY GENERALLY LOCATED ON THE NORTH
AND EAST SIDE OF HAFUUSON STREET, WEST OF ADAMS
STREET AND SOUTH OF CHINQUAPIN AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BLUFFS
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 03-
CASE NO.: CDP 03-35
WHEREAS, Anastasi Development Company, LLC, a Limited Liability
Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad
regarding property described as
Lot 3, 7, 8, 9 and 10 inclusive, in Block “A” and Lots 1, 2, 3,5,
and 6 inclusive in Block “D” of resubdivision of portions of
Tract 238 and 243 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof no. 2103, filed in the Office of the County Recorder of
San Diego, April 3, 1928
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “JJ” dated May 19, 2004, on file in the
Planning Department, BLUFFS - CDP 03-35 as provided by Chapter 21.201.040 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of BLUFFS - CDP 03-35 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 development does not obstruct public
views of the coastline as seen from public lands or rights-of-way; no agricultural
activities, 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 there are no public access or recreation requirements for
the property.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 2 1.03 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 is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone
(Chapter 21.204 of the zoning Ordinance).
The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
of the land Use Plan, certified September 1990 and, therefore, is not subject to the Coastal
Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
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
fbture 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.
PC RES0 NO. 5638 -2-
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2.
3.
4.
5.
6.
7.
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.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, CT 02-10, CP 02-10, SDP 03-
03, and HDP 02-09 and is subject to all conditions contained in Planning Commission
Resolutions No. 5634, 5635, 5636, 5637 and 5639 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 2 1.201.210 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.
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.
The Developer shall apply for and obtain approval of a Coastal Development Permit for
the portion of the project within the Agua Hedionda LCP issued by the California
Coastal Commission or its successor in interest, that substantially conforms to this
approval. A signed copy of the Coastal Development Permit must be submitted to the
Planning Director. If the approval is substantially different, an amendment to the project
approvals shall be required.
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
PC RES0 NO. 5638 -3 -
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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.
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
.-
/MU
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5638 -4-