HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56491
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PLANNING COMMISSION RESOLUTION NO. 5649
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
STONE DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: EMERALD POINTE ESTATES
DEVELOPMENT PERMIT CDP 02-07 ON PROPERTY
ROAD BETWEEN AVIARA PARKWAY AND COBBLE-
CASE NO.: CDP 02-07
WHEREAS, BCS Natural Resources Corp., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by BCS Program L-2 LTD.,
“Owner,” described as:
Parcel 1: All that portion of that parcel of land designated as
“Description No. 5, 103.54 acres as shown and delineated on
Record of Survey Map No. 5715, filed in the Office of the
County Recorder of $an Diego County, December 19,1960.
Excepting therefrom portions of Parcel 1 of Parcel Map No.
15662 as described in Official Records.
Parcel 2: Lot 115 of Carlsbad Tract No. 84-32(A), Unit No. 1
(Cobblestone Sea Village), in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No.
23428, filed in the Office of the County Recorder of San Diego
County, June 3,1997.
Parcel No. 3: Easement for roadway and utility purposes over
those certain strips of land designated as “60 foot strip and 66
foot easement reserved for roadway and utility purposes,” as
shown on said Record of Survey Map No. 5715.
Excepting from said 60 foot strip, that portion which lies
within Parcel No. 1 above.
Parcel 4: A temporary easement for pedestrian and vehicular
access, ingress and egress as contained in document recorded
May 1, 1996, as File No. 1996-0218757 of official records being
a portion of Parcel 1 of Parcel Map 15661, that portion being a
portion of the easement for roadway and utility purposes over
those certain strips of land designated and as described in
official records.
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(“the Property”); and
WHEREAS, said verified applica ion constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “M” dated June 16, 2004, on file in the
Planning Department, EMERALD POINTE ESTATES - CDP 02-07, as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of June, 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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES EMERALD POINTE ESTATES - CDP 02-07, based on the
following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that agricultural mitigation fees are required to
offset the conversion of non-prime agricultural land to urban land uses, impacts to
sensitive habitat will be mitigated, no wetlands or dual criterion slopes will be
impacted, increased urban run-off, pollutants, and soil erosion will be avoided in
conformance with City standards, and no significant public viewpoints 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 21.03 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
PC RES0 NO. 5649 -2-
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Program (JURMF) to avoid increased urban run off, pollutants and soil erosion. No steep
slopes or native vegetation will be impacted by the project except .245 acre of CSS
habitat within the final 20 feet of the 60 foot wide fire suppression zone as allowed
by the Mello I1 LCP and this impact will be mitigated at a 2:l ratio through
revegetation of CSS habitat onsite, and the site is not located in an area prone to
landslides, or susceptible to accelerated erosion, floods or liquefaction.
Conditions:
Note:
1.
2.
3.
4.
Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval of issuance of grading permit, whichever occurs first.
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.
This approval is granted subject to the approval of the Mitigated Negative Declaration,
Addendum, and Mitigation Monitoring and Reporting Program, GPA 03-05, LCPA
02-02, ZC 02-02, CT 02-07, and HDP 02-02, and is subject to all conditions contained
in Planning Commission Resolutions No. 5643, 5644, 5645, 5646, 5647 and 5648 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 1.20 1.2 10 of the Zoning Ordinance.
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. 5649 -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 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 16th day of June 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Heineman,
Montgomery and Segall
NOES: None
ABSENT: Commissioners Dorninguez and Whitton
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLAN"G COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER v
Planning Director
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