HomeMy WebLinkAbout2007-05-02; Planning Commission; Resolution 62931 PLANNING COMMISSION RESOLUTION NO. 6293
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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
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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"
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("the Property"); and
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,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
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WHEREAS, the Planning Commission did, on the 2nd day of May, 2007, hold a
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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
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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
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.
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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). ;
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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
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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.
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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.
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„ 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."
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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.
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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 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.
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PC RESO NO. 6293
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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 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