HomeMy WebLinkAbout2005-02-02; Planning Commission; Resolution 58321
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PLANNING COMMISSION RESOLUTION NO. 5832
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GRADE A 5.09 ACRE SITE INTO 16 RESIDENTIAL LOTS ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND
NORTH OF OCEAN CREST AVENUE IN THE MELLO I1
SEGMENT OF THE LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: YAMAMOTO SUBDIVISION
DEVELOPMENT PERMIT CDP 04-01 TO SUBDIVIDE AND
CASE NO.: CDP 04-01
WHEREAS, William Gustafson, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
The south half of the northwest quarter of the northwest
quarter of the northeast quarter of Section 27, T12S, R4W,
SBBM, in the City of Carlsbad, County of San Diego, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “G” dated February 2, 2005, on file in the
Planning Department YAMAMOTO SUBDIVISION - CDP 04-01, as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of February 2005,
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 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 YAMAMOTO SUBDIVISION - CDP 04-01, based on the
following findings and subject to the following conditions:
Findings:
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That the proposed development is in conformance with the Mello I1 Segment of the
Certified Local Coastal Program and all applicable policies in that the proposed
subdivision does not obstruct public views of the coastline as seen from public lands
or rights-of-way; erosion will be controlled by grading in conformance with the
City’s Standards and restricted to the summer season; no 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 the project is not located adjacent to the shore. Therefore,
the project will not interfere with the public’s right to physical access to the sea and
the site is not suited for water-oriented recreational activities.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed project will adhere
to the City’s Master Drainage Plan, Grading Ordinances, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
Management Program (JUMP) to avoid increased urban runoff, 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 Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
The project complies with the requirements of the Coastal Agricultural Overlay
Zone as the project has been conditioned to pay the agricultural conversion
mitigation fee to develop with other than agricultural uses.
The proposed project is consistent with the Habitat Management Plan (HMP) for Natural
Communities in the City of Carlsbad in that the subject site was previously used for
agriculture and the project is conditioned to pay agricultural conversion mitigation
fees to mitigate the loss of agricultural resources by preserving or enhancing other
important coastal resources. There are no sensitive resources either on-site or
adjacent to the site and the project does not require any mitigation or habitat
impact fees pursuant to the HMP.
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.
PC RES0 NO. 5832 -2-
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Conditions:
Note:
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Unless otherwise specified herei
grading permit or approval of a final map, whichever occurs first.
all conditions shall be satisfied prior to issuance of
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; record a notice of violation on the
property title; 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.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Coastal Development Permit,
and (b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein. This obligation survives
until all legal proceedings have been concluded and continues even if the City’s approval
is not validated.
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 the Negative Declaration, ZC 04-01,
LCPA 04-02 and CT 04-01 and is subject to all conditions contained in Planning
Commission Resolutions No. 5828, 5829, 5830 and 5831 for those other approvals
incorporated herein by reference.
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
PC RES0 NO. 5832 -3 -
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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.
8. To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello I1 Local Coastal Program, the applicant shall provide
payment of the agricultural mitigation fee, the amount of which shall not be less
than $5,000 nor more than $10,000 for each net converted acre of non-prime
agricultural land. The amount of the fee shall be determined by the City Council
and be paid by the applicant prior to approval of the final map or issuance of any
grading permit, whichever occurs first and shall be consistent with the provisions of
Carlsbad’s Local Coastal Program.
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.
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 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.
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PC RES0 NO. 5832 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of February 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez
Heineman, Montgomery and Whitton
NOES:
ABSENT:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5832 -5-