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HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57161 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. 5716 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL GENERALLY LOCATED SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF ASTON AVENUE, AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR POINTE DEVELOPMENT PERMIT CDP 03-06 ON PROPERTY NORTH OF THE MC CLELLAN-PALOMAR AIRPORT IN CASE NO.: CDP 03-06 WHEREAS, T. Lawrence Jett, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt, Trustees of the Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75% interest and T. Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,” described as: That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “N” dated September 1, 2004, on file in the Planning Department, PALOMAR POINTE - CDP 03-06 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of September 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. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES PALOMAR POINTE - CDP 03-06 based on the following findings and subject to the following conditions: Findinm : 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, public access or shoreline access, or water-oriented recreation activities are impacted. Impacts to sensitive biological resources have been analyzed in the Mitigated Negative Declaration prepared for this project and with implementation of the recommended mitigation measures, these impacts will be reduced to a less than significant level of impact. 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 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 development is proposed within the “dual criteria’’ slope areas 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 PC RES0 NO. 5716 -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 2. 3. 4. 5. 6. 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 and Mitigation Monitoring and Reporting Program, GPA 04-08, ZC 04-03, LCPA 04-07, CT 04-06, PUD 03-02, PIP 03-02, and HDP 03-02 and is subject to all conditions contained in Planning Commission Resolutions No. 5709, 5710, 5711, 5712, 5713,5714,5715, and 5717 for those other approvals incorporated herein by reference. The applicant shalI 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. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. All grading activities are prohibited from February 1st to September 15th due to the presence of the coastal California gnatcatcher. Grading activities are therefore, 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 “feedexac tions. ” 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. PC RES0 NO. 5716 -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 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 1st day of September 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: hANK H. WHITTON, Chairperson - CARLSBAD PLANNING COMMISSION ATTEST: . MICHAEL J. HO=MIL&R Planning Director PC RES0 NO. 5716 -4-