HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 61951
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PLANNING COMMISSION RESOLUTION NO. 6195
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 04-23 TO SUBDIVIDE
20.4 ACRES INTO TWO RESIDENTIAL LOTS FOR
90 AIRSPACE CONDOMINIUM UNITS AND THREE OPEN
SPACE LOTS ON PROPERTY GENERALLY LOCATED
SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD
AND POINSETTIA LANE IN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND IN LOCAL
FACILITIES MANAGEMENT ZONE 21.
CASE NAME: POINSETTIA PLACE
CASE NO.: CDP 04-23
WHEREAS, Sierra Linda Development Company, "Developer," has filed a
verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia
Land Company, a California Limited Liability Co., "Owner," described as
The north half of the southwest quarter of the southwest
quarter of Section 23, Township 12 south, Range 4 west, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to the official plat thereof
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A" - "R" and "Al" - "A26" dated November 15,
2006, on file in the Planning Department, POINSETTIA PLACE - CDP 04-23, as provided by
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of November, 2006,
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) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVING POINSETTIA PLACE - CDP 04-23, based on the following
findings and subject to the following conditions:
Findings;
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project consists of the construction of
90 residential airspace condominiums on a previously disturbed and graded lot; no
current agricultural activities, geological instability, flood hazard, or coastal access
opportunities exist onsite and the development does not obstruct views of the
coastline as seen from public lands or public right-of-way or otherwise damage the
visual beauty of the coastal zone. Impacts to habitat have been minimized to the
greatest extent feasible and will be mitigated according to the standards set forth in
the Mello II Segment of the Local Coastal Program.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property 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 recreation activities.
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 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 runoff,
pollutants, and soil erosion. Five percent of the steep slopes onsite are located
within the northern 25 percent development area of the site and will be impacted.
The site is not located in an area prone to landslides, or susceptible to accelerated
erosion, floods, or liquefaction.
4. This 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
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 21 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically:
A. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities. .
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B. The Public Facility Fee is required to be paid by Council Policy No. 17 and will
be collected prior to the issuance of building permit.
6. 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 21.201 of the Zoning Ordinance).
7. 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 this project, and the extent and the
degree of 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 a
grading permit or recordation of a final map for CT 04-10, 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
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.
2. 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.
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.
4. 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.
5. 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
arid 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,
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(b) City's approval or issuance of any permit or action, whether discretionary or
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
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.
6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, General Plan Amendment
GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment LCPA 04-
11, Carlsbad Tract Map CT 04-10, Condominium Permit CP 05-05, Hillside
Development Permit HDP 04-05, Site Development Plan SDP 04-07, and Habitat
Management Plan Permit HMPP 06-08 and is subject to all conditions contained in
Planning Commission Resolutions No. 6187, 6188, 6189, 6190, 6191, 6192, 6193, 6194,
and 6196 for those other approvals incorporated herein by reference.
7. The applicant shall apply for and be issued building permits for this project within two
(2) years of final approval of Local Coastal Program Amendment LCPA 04-11 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.
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.
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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 15th day of November, 2006, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and
Whitton
NOES: Commissioner Segall
ABSENT: Chairperson Montgomery and Commissioner Heineman
ABSTAIN:
JULIE B\AKER\ Vice Chairperson
CARLSBAD-PLANNING COMMISSION
ATTEST:
QuxL
DON NEU
Assistant Planning Director
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