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HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60621 PLANNING COMMISSION RESOLUTION NO. 6062 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO 4 GRADE AND SUBDIVIDE A 14.4 ACRE SITE INTO 2 5 RESIDENTIAL LOTS FOR 53 DWELLING UNITS, 1 DRIVEWAY LOT, AND 1 OPEN SPACE LOT ON PROPERTY 6 GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL AND NORTH OF DOVE LANE WITHIN THE 7 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. 8 CASE NAME: LA COSTA VILLAGE CENTER 9 TOWNHOMES CASE NO.: CDP04-17 10 WHEREAS, Marker La Costa LLC, "Developer," has filed a verified 12 application with the City of Carlsbad regarding property owned by Noreen Levatino, "Owner," 13 described as *4 All that portion of the west half of the northeast Quarter of . - Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State 16 of California, being more particularly described in certificate of compliance record June 16,1989 as file No. 89-317343 17 ("the Property"); and18 19 WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit as shown on Exhibits "A" - "HHH" dated April 5, 2006, on file in the 21 Planning Department, LA COSTA VILLAGE CENTER TOWNHOMES - CDP 04-17 as 22 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 5th day of April 2006, hold a 24 duly noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the CDP. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 ,- B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA VILLAGE CENTER 6 TOWNHOMES - CDP 04-17 based on the following findings and subject to the following conditions: 7 Findings: o That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the proposed 10 development does not obstruct public views of the coastline as seen from public lands or rights-of-way; erosion will be controlled by grading in conformance with 11 the City's Standards; no sensitive resources, public access or shoreline access, or j water-oriented recreation activities are impacted. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project site is not located adjacent to the shore. 14 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 recreational activities. 15 . 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 17 Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management 18 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. 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. 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 conditions or seek damages for their violation. No vested rights are gained by Developer 2g or a successor in interest by the City's approval of this Coastal Development Permit. PC RESO NO. 6062 -2- 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. 4 ,- 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. 6 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. 10 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 j2 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 13 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 non- 14 discretionary, 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 16 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 17 validated. 1 O 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 19 and Mitigation Monitoring and Reporting Program, GPA 04-10, LCPA 04-09, ZC 04-06, CT 04-08, SDP 04-05, HDP 04-04, CP 04-03, and SUP 04-07 and is subject to 20 all conditions contained in Planning Commission Resolutions No. 6054, 6055, 6056, 6057, 6058, 6060, 6059, 6063 and 6061 for those other approvals incorporated herein by 21 reference. 22 7. The applicant shall apply for and be issued building permits for this project within two 23 (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 24 8. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 26 27 28 PCRESONO. 6062 -3- 1 NOTICE 2 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 A "fees/exactions." 5 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. 9 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of April 2006, by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 18 NOES: 19 ABSENT: 20 21 22 23 MARTELL B. MONTGOMERY, WTairperson CARLSBAD PLANNING COMMISSION24 25 ATTEST: 26 )N/SlEU 27 I^XssiBtant Planning Director 28 PC RESO NO. 6062 -4-