The URL can be used to link to this page

Home My WebLink AboutCDP 98-79; Parcel C of Poinsettia Properties Specific Plan; Coastal Development Permit (CDP)City of Carlsbad Planning Department MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION January 11, 1999 Hofinan Planning Department 5900 Pasteur Court Suite 150 Carlsbad, Ca 92008 SUBJECT: CDP 98-79 PARCEL C OF THE POINSETTIA PROPERTIES SPECIFIC PLAN The City has completed a review of the application for a Minor Coastal Development Permit for development located at Parcel C of the Poinsettia Properties Specific Plan. It is the Planning Director's determination that the project request for the subdivision of Parcel C into lots for Planning Areas 1 and 8 of the Specific Plan for financial purposes only so that the individual Planning Areas can be sold separately, CDP 98-79, is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: Findings: 1. That the total cost of the proposed development is less than $60,000. 2. That the development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or the coast, in that the proposed subdivision implements the Poinsettia Properties Specific Plan which is the implementing Land Use Plan and Zoning Ordinance for this section of the Mello 11 Local Coastal Program and the property boundaries are consistent with the Land Use boundaries as established by the Poinsettia Properties Specific Plan. There are no coastal resources or public access opportunities within Parcel C of the Poinsettia Properties Specific Plan. 3. That the proposed development is in conformance with the Mello II Certified Local Coastal Program and all applicable policies in that the project site is designated for 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 C ' QCDP 98-79 PARCEL C OT POINSETTIA PROPERTIES SPECIFIC PLAN January 11, 1999 Page 2 residential and commercial land uses, the project is conditioned to pay an agricultural conversion mitigation fee; the proposed subdivision will not develop slopes with gradients equal to or greater than 25%; result in the removal of natural habitat; disrupt wetland or riparian resources or cause coastal erosion or slope instability. 4. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no access or recreational impacts are associated with this proposal. 5. That is 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. 6. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 of the state CEQA Guidelines and will not have any adverse significant impact on the environment. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 98-79 for the Subdivision of Parcel C project entitled "Parcel C of the Poinsettia Properties Specific Plan". (Exhibit A) dated January 6,1999, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. 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 substantially different from this approval, shall require an amendment to this approval. 2. Approval of CDP 98-79 is granted subject to the approval of MS 98-10. CDP 98-79 is subject to all conditions contained in MS 98-10 for the tentative parcel map. 3. Prior to the approval of the final map for MS 98-10, the project applicant shall be required to pay an agricultural conversion mitigation fee to mitigate the loss of 17.85 acres of non-prime agricultural lands. The amount of the fee shall be not less than $5,000 nor more than $10,000 per each net converted acre. The amount of the fee shall be determined prior to final map approval and shall be consistent with the provisions of Carlsbad's Local Coastal Program. 4. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal CDP 98-79 PARCEL C OfPOINSETTIA PROPERTIES SPECIFY PLAN January 11, 1999 Page 3 Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfill the developer's/subdivider's agreement to pay the public facilities fee dated November 20,1998, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 5. If any of the foregoing 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; 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. Vv^ The effective date for this project shall be after City and Coastal Commission appeal />. periods have been exhausted. 0 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 January 11, 1999 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. c oCDP 98-79 PARCEL C OP'POINSETTIA PROPERTIES SPECIFY PLAN January 11, 1999 Page 4 If you have any questions regarding CDP 98-79, please contact Greg Fisher at (760)438-1161, extension 4328. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director Gary Wayne Chris DeCerbo Bobbie Hoder Ken Quon File Copy Data Entry Planning Aide Coastal Commission