HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 62091 PLANNING COMMISSION RESOLUTION NO. 6209
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 05-49 FOR A THREE-LOT
4 SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A
5 1.1-ACRE VACANT PROPERTY GENERALLY LOCATED
BETWEEN EUCALYPTUS LANE AND EL CAMINO REAL IN
6 THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
7 ZONE 1.
CASE NAME: CHEHADE MINOR SUBDIVISION
8 CASE NO.: CDP 05-49
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WHEREAS, Khaled Chehade, Trustee, "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Khaled Chehade Family
^2 Trust, "Owner," described as
13 A portion of Lot I of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
14 to Map thereof No. 823 filed in the Office of the County
< - Recorder of San Diego County, November 16,1896.
16 Also being Parcel B of City of Carlsbad Certificate of
Compliance for Adjustment Plat No. 03-17, recorded
17 January 21,2005, as Doc. No. 2005-0054768
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "G" dated December 6, 2006, on file in the
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22 Planning Department, CHEHADE MINOR SUBDIVISION - CDP 05-49, as provided by
23 Chapter 21.201.040 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on the 6th day of December, 2006,
25 hold a 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
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors28
relating to the CDP.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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<- B) That based on the evidence presented at the public hearing, the Commission
APPROVES CHEHADE MINOR SUBDIVISION - CDP 05-49, based on the
6 following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program (LCP) and all applicable policies in that the project (1) proposes three single-
family residential lots, has a density of 3.14 dwelling units/acre (du/ac), and has a
10 minimum lot size of 10,000 square feet, all of which comply with the property's LCP
land use designation of RLM (Low-Medium Density Residential, 0-4 du/ac) and
zoning of R-A-10 (Residential Agriculture, minimum 10,000-square-foot lot size);
(2) does not obstruct public views of or access to the coastline or ocean and is not
located near any water bodies; (3) does not impact any agricultural activities,
13 important farmland, or sensitive resources or habitat; (4) is on property that is
generally stable from a geologic standpoint; and (5) has been designed and
14 conditioned to comply with erosion and storm water control measures.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that there are no public access or recreation requirements for
^1. _^_the property.
17 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
18 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
19 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes with native vegetation are 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. The grading of the eroding man-made cut slope along El
22 Camino Real, which has grades in excess of forty percent, is important to the
widening and beautification of El Camino Real. Further, the slope contains no
sensitive vegetation or wildlife, and grading and landscaping of the slope, as
24 proposed and conditioned, will improve erosion control.
25 4. 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 Protection Zone
26 (Chapter 21.204 of the zoning Ordinance).
27 5. The 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 Coastal
Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
PC RESO NO. 6209 -2-
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of the
5 parcel map.
7 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
10 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.
13 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
14 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.
16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
17 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
. Q 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
20 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
21 all requirements of law.
22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
24 and 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,
(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,
27 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
28 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
PC RESO NO. 6209 -3-
6. Developer shall implement, or cause the implementation of the Chehade Minor
2 Subdivision - SUP 05-12/CDP 05-49/HDP 05-10/PCD 05-03/MS 05-10 Project
Mitigation Monitoring and Reporting Program.
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7. This approval is granted subject to the approval of SUP 05-12, HDP 05-10, and
PCD 05-03, and is subject to all conditions contained in Planning Commission
r Resolutions No. 6208, 6210, and 6211 for those other approvals incorporated herein by
reference and the approval of the Engineering Department for MS -05-10.
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8. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
9 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
11 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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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
15 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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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,
lg 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
19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6209 -4-
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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 6th day of December, 2006, by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Dominguez,
Heineman, Segall, and Whitton
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN:
MARTELL B. MONTdDMERY^Hairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
eCteA / \*M
DONNEU
Assistant Planning Director
PC RESO NO. 6209 -5-