HomeMy WebLinkAbout2004-09-15; Planning Commission; Resolution 57331
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PLANNING COMMISSION RESOLUTION NO. 5733
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
3 1 (A) TO ALLOW THE ADDITION ON THE AVIARA PARK
SITE ON PROPERTY GENERALLY LOCATED AT THE
NORTHERN TERMINUS OF AMBROSIA LANE, NORTH OF
POINSETTIA LANE IN PLANNING AREA 32 OF THE
AVIARA MASTER PLAN, IN LOCAL FACILITIES
MANAGEMENT ZONE 19
CASE NAME:
COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 01-
AVIARA PARK TEMPORARY BUILDING
CASE NO.: CDP 01-31(A)
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Those portions of Section 35, Township 12 South, Range 4
West and Section 2, Township 13 South, Range 4 West, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to official plan thereof,
said property being more particularly described in Exhibit
“A” of Quitclaim Deed recorded March 28, 1989 as File No.
89-157040 of official records of said San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits - “C” dated September 15,2004, on file in the
Planning Department, AVIARA PARK TEMPORARY BUILDING - CDP 01-31(A) as
provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of September 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WKEREAS, 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.
WHEREAS, on February 20, 2002, the City Council approved CDP 01-31, as
described and conditioned in Planning Commission Resolution No. 5111.
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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
based on the following findings and subject to the following conditions:
APPROVES AVIARA PARK TEMPORARY BUILDING - CDP 01-31(A)
Findinps:
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2.
3.
4.
5.
6.
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that no prime agricultural lands exist on or near
the site; all adjacent environmentally sensitive habitats will remain in their
undisturbed state; no coastal access is or will be needed through or adjacent to the
project site; no grading is proposed with the project; and the proposed mobile
building will not impact any significant visual panoramas.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that it does not impact the existing sidewalk system and trail
system within the Aviara Master Plan.
The project site is not located in the Coastal Agricultural Overlay Zone, according
to Map X of the Land Use Plan certified September 1980, and, therefore, is not
subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202
of the Zoning Ordinance).
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no grading is
proposed and all existing steep slopes adjacent to the park site will remain
undisturbed.
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
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
The project is consistent with the provisions of the Coastal Resource Overlay Zone
Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance) in that no
additional mitigation, as contained in the certified EIR for the Aviara Master Plan
(EIR 83-02(A)), is needed and all required drainage and desiltation structures are in
place.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
PC RES0 NO. 5733 -2-
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1.
2.
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4.
5.
6.
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 Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit Amendment 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 CUP 01-22(A) and is subject to all
conditions contained in Planning Commission Resolution No. 5732 for that other
approval 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.
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.
PC RES0 NO. 5733 -3-
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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 15th day of September 2004, by the
following vote, to wit:
AYES: Chairperson Whitton; Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Segall
NOES:
ABSENT:
ABSTAIN:
ATTEST:
c
Planning Director
PC RES0 NO. 5733 -4-