HomeMy WebLinkAbout2005-05-18; Planning Commission; Resolution 59001
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PLANNING COMMISSION RESOLUTION NO. 5900
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
SINGLE FAMILY RESIDENCE AND A THREE UNIT/FOUR
LOT PLANNED UNIT DEVELOPMENT PROJECT ON
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF
OCEAN STREET AND BEECH STREET WITHIN THE CITY’S
COASTAL ZONE AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: OCEAN ESTATES
DEVELOPMENT PERMIT CDP 04-21 TO CONSTRUCT A
CASE NO.: CDP 04-21
WHEREAS, Urbitecture Platform, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Gofat, LLC, a California Limited
Liability Company, “Owner,” described as
The northwesterly half of Block 7 of the Town of Carlsbad, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 775, filed in the County
Recorders Office on May 2, 1888. The southeasterly line of
said northwesterly half being drawn parallel with the
northwesterly line of said Block 7
(“the Property”); and
WHEREAS, said verified application constitutes a request for Coastal
Development Permit as shown on Exhibits “A” - “AA” dated May 18, 2005 on file in the
Planning Department, OCEAN ESTATES - CDP 04-21 as provided by Chapter 21.201.040 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of May 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 all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
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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
APPROVES OCEAN ESTATES - CDP 04-21 based on the following findings
and subject to the following conditions:
Findings:
1.
2.
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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 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 (JUMP) 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 2 1.204 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
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
PC RES0 NO. 5900 -2-
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2.
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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.
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.
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,
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
This approval is granted subject to the approval of CT 04-22 and PUD 04-09 and is
subject to all conditions contained in Planning Commission Resolutions No. 5898 and
5899 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 21.201.21 0 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
PC RES0 NO. 5900 -3 -
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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.
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 fi-om 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 apy 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of May 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa and Heineman
NOES: Commissioners Dominguez and Montgomery
ABSENT: 1 JEFFRE . SEGALL, airperson
CARLSBAD PLANNING COMMISSION
DON NEU
Assistant Planning Director
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