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HomeMy WebLinkAbout2007-05-02; Planning Commission; Resolution 62931 PLANNING COMMISSION RESOLUTION NO. 6293 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 03- 4 32 FOR THE SUBDIVISION, GRADING, AND s DEVELOPMENT OF A 15.02 ACRE SITE INTO NINE RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS, 6 INCLUDING CONSTRUCTION OF NINE SINGLE-FAMILY RESIDENCES AND TWO SECOND DWELLING UNITS ON 7 PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE 8 TERMINUS OF AURA CIRCLE WITHIN THE MELLO II 9 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: AURA CIRCLE CASE NO.: CDP 03-32 11 12 - WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the 16 County Recorder of San Diego County, November 16, 1896, further described in Attachment "A" 17 ("the Property"); and 18 ,0 WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit as shown on Exhibits "A" - "AA" dated May 2, 2007, on file in the 21 Planning Department, AURA CIRCLE - CDP 03-32, as provided by Chapter 21.201.040 of the 22 Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 2nd day of May, 2007, 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 AURA CIRCLE - CDP 03-32 based on the 6 following findings and subject to the following conditions: 7 Findings; o0 1 . That the proposed development is in conformance with the Mello II Segment of the p Certified Local Coastal Program and all applicable policies in that the project proposes nine single-family residences and two second dwelling units on minimum 8,000 10 square foot lots with an overall density of 0.67 du/ac which is consistent with the properties LCP Land Use designation of RLM (Low-Medium Density Residential, 11 0-4 du/ac) and Zoning of R-l-8,000 (8,000 square foot minimum lot size); the . _ development does not obstruct public views of the coastline as seen from public lands or rights-of-way; the project will not impact any agricultural activities or 13 important farmland; the project has been conditioned to comply with erosion and storm water control measures. 14 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 15 of the Coastal Act in that the project is not located adjacent to the shore. Therefore, 1 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. 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. Development of steep slopes and native vegetation on the subject property 21 will be limited only to the area designated for development on the HMP Hardline for Aura Circle. Remedial grading and buttressing is required for portions of the 22 site to ensure that the site and surrounding properties will not be affected by landslides, and the site is not located in an area susceptible to accelerated erosion, floods, or liquefaction. 24 4. The project is not located between the sea and the first public road parallel to the sea and, 25 therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone (Chapter 2 1 .204 of the Zoning Ordinance). ; 26 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X 27 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). PCRESONO.6293 1 2 3 4 5 6 7, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 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 final map recordation or issuance of a 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 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 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, 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. PCRESONO. 6293 3 6. The applicant shall apply for and be issued building permits for this project within two 2 (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 3 7. This approval is granted subject to adoption and approval of the Mitigated Negative 4 Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, 5 ZC 05-03, LCPA 05-03, HMP 06-12, CT 03-10, SDP 05-05, and HDP 03-05 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 6 6287, 6288, 6289, 6290, 6291 and 6292 for those other approvals incorporated herein by reference. 7 „ 8. All grading activities are prohibited from (February 1st for gnatcatcher or March 1st for vireo) to (September 15th for gnatcatcher or October 1st for vireo). AH erosion control 9 measures must be installed prior to the initial grading. Any grading extensions into the grading prohibition period must receive written approval of the City Engineer and the 10 responsible wildlife agencies (California Department of Fish and Game/United States Fish and Wildlife Service). 12 NOTICE 1 •* 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." 15 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 16 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 I g follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 19 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees arid 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 22 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 23 24 25 26 27 28 PC RESO NO. 6293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of May, 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall ABSENT: Commissioner Whitton ABSTAIN: JL.JULIE HAKER, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PC RESO NO. 6293