HomeMy WebLinkAbout2005-06-01; Planning Commission; Resolution 59071
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PLANNING COMMISSION RESOLUTION NO. 5907
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 04-39 TO ALLOW THE
CONSTRUCTION AND OPERATION OF A 3,000 SQUARE
FOOT COMMERCIAL BUILDING CONTAINING 1,000
SQUARE FEET OF RETAIL SPACE AND 2,000 SQUARE
FEET OF FOOD SERVICE SPACE LOCATED WITHIN THE
POINSETTIA VILLAGE SHOPPING CENTER, ON THE EAST
SIDE OF A VENIDA ENCINAS BETWEEN POINSETTIA LANE
AND LOGANBERRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 9.
CASE NAME: POINSETTIA VILLAGE PAD 4
CASE NO.: CDP 04-39
WHEREAS, Donahue Schriber Realty Group, L.P., "Developer/Owner," has
filed a verified application with the City of Carlsbad regarding property described as
Parcels 2,4,6 and 9 through 12, inclusive of Parcel Map No.
15187, in the City of Carlsbad, County of San Diego, State of
California, filed in the office of the County Recorder of San
Diego County, March 28, 1988
("the Property''); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A" -"D" dated June 1, 2005, on file in the
Planning Department, POINSETTIA VILLAGE PAD 4-CDP 04-39 as provided by Chapter
21.201.040 ofthe Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of June 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES POINSETTIA VILLAGE PAD 4-CDP 04-39 based on the
following findings and subject to the following conditions:
Findings:
1.
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; no environmentally sensitive habitats exist on or near the developed site; no
coastal access is or will be needed through or adjacent to the project site; any
erosion will be controlled by grading in conformance with applicable City
standards; and no significant visual panoramas exist on the site.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is not located along the shoreline and thus cannot
provide any public access to the shoreline nor provide any coastal recreational
opportunities.
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 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 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 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 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading or building 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
PC RESO NO. 5907 -2-
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2.
3.
4.
5.
6.
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.
This approval is granted subject to the approval of CUP 04-28 and SDP 82-03(E) and is
subject to all conditions contained in Planning Commission Resolutions No. 5905 and
5906 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 21.201.210 ofthe 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
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.
PC RESO NO. 5907 -3-
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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 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 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.
PAS SED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of June 2005, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DONNED
Assistant Planning Director
PC RESO NO. 5907
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
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