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HomeMy WebLinkAboutCDP 10-02; LSF5 Carlsbad Holdings LLC; Coastal Development Permit (CDP)C I T Y O F V CARLSBAD Planning Division www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION November 8, 2010 Mike Howes , HowesWeiler & Associates - / * 5927 Balfour Court, Suite 202 Carlsbad, CA 92008 SUBJECT: CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT The City has completed a review of the application for a Minor Coastal Development Permit for a lot line adjustment between two parcels (APNs 216-140-17-00 and 216-140-18-00) to align with the existing Avenida Encinas right-of-way centerline within the West Batiquitos Lagoon / Sammis Properties Segment of the City's Local Coastal Program. It is the Planning Director's determination that the project, CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT, is consistent with the applicable Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. Further, the project has been found to be categorically exempt from environmental review according to Section 15305 - Minor Alterations in Land Use Limitations, of the California Environmental Quality Act and a notice of exemption will be filed upon project approval. The Planning Director, therefore, APPROVES this request based upon the following: 1. That the proposed lot line adjustment requires no discretionary approvals other than a Minor Coastal Development Permit. 2. That the proposed lot line adjustment is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act and the Public Access section of the West Batiquitos Lagoon / Sammis Properties Segment, in that the parcel 2 is located adjacent to the north shore of the Batiquitos Lagoon which is a protected resource and direct physical access is not encouraged. However, public access to the blufftop providing visual access to the lagoon will be provided on the western portion of Planning Areas G and H, which are within parcel 2, as they are developed with tourist serving commercial uses. Therefore, the project will not interfere with the public's right to physical access to the sea. The site is not suited for water-oriented recreation activities in that although it does abut the boundary of the Batiquitos Lagoon property, water oriented activities on Batiquitos Lagoon are prohibited. 3. That the proposed lot line adjustment is in conformance with the West Batiquitos Lagoon / Sammis Properties Segment of the Certified Local Coastal Program and all applicable policies in that the project is a minor lot line adjustment which does 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT Novembers, 2010 Page 2 ; ; not grant any development rights to the site but merely relocates a single property line between two existing parcels. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite. As parcels 1 and 2 are developed in the future, all water quality best management practices will be applied to protect offsite properties from urban runoff. 4. That the request for a Minor Coastal Development Permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the Carlsbad Coastal Development Regulations. 5. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project is a minor lot line adjustment which does not grant any development rights to the site but merely relocates a single property line between two existing parcels. 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. 6. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15305 - Minor Alterations in Land Use Limitations, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 7. That the proposed revision to lot lines occurs in a flat area of less than 20% gradient and devoid of native vegetation which has been designated for future development by the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Properties Local Coastal Program subject to the approval of future discretionary permits. 8. That the proposed lot line adjustment does not result in any change in land use intensity or development potential because it will merely be revising an existing lot line to bring it into conformance with the existing boundary between Planning Areas G and F of the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Properties Local Coastal Program. Parcel 1 will increase in size to 11.04, while Parcel 2 will be reduced in size to 14.26 acres in size. The change in parcel size will not have an impact on land use intensity since Parcels 1 and 2 are still subject to the development standards of the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Properties Local Coastal Program. The future development of either parcel may only occur with the submittal and approval of subsequent discretionary permits in addition to a Local Coastal Program Amendment for Parcel 1 to establish a Land Use and Zone for Planning Area F of the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis Properties Local Coastal Program. 9. That no new parcels are being created by the approval of the proposed Adjustment Plat; adjusting the lot line between the two existing parcels will bring its location into conformance with the boundary between Planning Areas G and F which follow the Avenida Encinas right-of-way centerline established by the Poinsettia Shores Master Plan and West Batiquitos Lagoon/Sammis CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT Novembers, 2010 Paqe3 , Properties Local Coastal Program and therefore does not change the boundaries of any developable or open space areas. 10. That the .Planning Director 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: 1. The Planning Director does hereby APPROVE the Minor Coastal Development < Permit, CDP 10-02, for the project entitled LSF5 Carlsbad Holdings LLC Adjustment Plat (Exhibits"A-E"), dated November 8, 2010, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. 2. 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 Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. The 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 GDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT Novembers, 2010 Page 4 : issuance of this Minor 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. 7. This approval shall become null and void if ADJ 10-01 is not recorded within 24 months from the date of its approval. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay ' any applicable Local Facilities Management Plan fee for Zone 9, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. 9. Prior to the recordation of ADJ 10-01, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00 plus noticing costs. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Christer Westman at (760) 602-4614. 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. CDP 10-02 - LSF5 CARLSBAD HOLDINGS, LLC. ADJUSTMENT PLAT Novembers, 2010 Page 5 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. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:CW:lt Coastal Commission (NoFA) Don Neu, City Planner Chris DeCerbo, Principal Planner Frank Jimeno, Project Engineer Glen Van Peski, Senior Civil Engineer File Copy Data Entry