HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 60981 PLANNING COMMISSION RESOLUTION NO. 6098
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO GRADE AND
4 SUBDIVIDE A 5.12-ACRE SITE INTO 29 SMALL LOTS FOR
5 SINGLE-FAMILY HOMES, 2 OPEN SPACE LOTS, AND
1 DRIVEWAY LOT ON PROPERTY GENERALLY LOCATED
6 ON THE SOUTHWEST CORNER OF LOWDER LANE AND
POINSETTIA LANE, IN THE MELLO II SEGMENT OF THE
7 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 4.
8 CASE NAME: POINSETTIA PROPERTY
9 CASE NO.: CDP 05-23
10 WHEREAS, Cottage Development Company, "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by Eugene Boyland and
12 Shelley Thayer, "Owner," described as
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Lot 171, of Carlsbad Tract No. 73-24, in the City of Carlsbad,
County of San Diego, State of California, According to Map
thereof No. 7996, filed in the Office of the County Recorder of
San Diego County, August 2,1974
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal18
Development Permit as shown on Exhibits "A" - "BB" dated May 17, 2006, on file in the
20 Planning Department, POINSETTIA PROPERTY - CDP 05-23 as provided by Chapter
21 21.201.040 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 17th day of May 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CDP.
28 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.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES POINSETTIA PROPERTY - CDP 05-23 based on the following
findings and subject to the following conditions:
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5 Findings;
6 1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is designated for small lot, single-
7 family development and the project consists of the construction of 29 single-family
homes on a 5.12-acre site; the development does not obstruct views of the coastline
° as seen from public lands or public rights-of-way or otherwise damage the visual
Q beauty of the coastal zone; and no agricultural activities, sensitive resources,
geological instability, or coastal access opportunities exist on the site.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
11 of the Coastal Act in that no coastal access areas or water-oriented recreational
activities exist on or near the site.12
3. 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
14 Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management
15 Program (JURMP) 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.
4. The Planning Commission has reviewed each of the exactions imposed on the Developer
1 g 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
1 9 degree of the exaction is in rough proportionality to the impact caused by the project.
20 Conditions:
21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
22 recordation or issuance of grading permit, whichever occurs first.
23 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
25 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
26 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
27 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 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.
3 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval shall require an amendment to this approval.
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c 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
7 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
9 unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
* 1 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
12 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,
13 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
14 nondiscretionary, 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
16 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
17 approval is not validated.
1 o 6. The applicant shall apply for and be issued building permits for this project within two
jo (2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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7. Prior to the issuance of building permits, the applicant shall apply for and obtain a
21 grading permit issued by the City Engineer.
22 8. This approval is granted subject to the approval of the Mitigated Negative Declaration
23 and Mitigation Monitoring and Reporting Program, Tentative Tract Map, Planned
Development Permit, and Variance and is subject to all conditions contained in
24 Planning Commission Resolutions No. 6095, 6096, 6097, and 6099 for those other
approvals incorporated herein by reference.
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PC RESO NO. 6098 -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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of May 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
ABSENT: Commissioner Heineman
ABSTAIN
MARTELL B. MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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