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HomeMy WebLinkAbout2008-04-16; Planning Commission; Resolution 64151 2 PLANNING COMMISSION RESOLUTION NO. 6415 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE 4 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 5 APPROVAL OF AN AMENDMENT TO THE IMPLEMENTATION PLAN OF THE MELLO II SEGMENT OF 6 THE CARLSBAD LOCAL COASTAL PROGRAM 7 AUTHORIZING AN AMENDMENT TO THE CARLSBAD g RANCH SPECIFIC PLAN TO ALLOW FOR A SECOND DRIVEWAY ACCESS FOR INGRESS ONLY INTO THE 9 ARMSTRONG GARDEN CENTER/FLOWER FIELDS 10 PROPERTY FROM PALOMAR AIRPORT ROAD ON PROPERTY GENERALLY LOCATED NORTHEAST OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE IN 12 THE MELLO II SEGMENT OF THE LOCAL COASTAL 13 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 14 CASE NAME: PALOMAR AIRPORT ROAD DRIVEWAY 15 CASE NO: LCPA 07-07 16.WHEREAS, CB Ranch Enterprises, A California Corporation, 18 "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property 19 described as20 21 Lot 1 of Carlsbad Tract No. 94-09, Carlsbad Ranch Unit 1 per 22 Map No. 13357, Filed September 11, 1996, in the Office of the County Recorder, as File No. 1997-147754, in the City of 23 Carlsbad, County of San Diego, State of California 24 2 ("the Property"); and 26 WHEREAS, said verified application constitutes a request for a Local Coastal 27 Program Amendment as shown on Exhibit "X" dated April 16, 2008, attached to Planning28 Commission Resolution No. 6414, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on April 16, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 3 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and 5 /- WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. 8 9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission of the City of Carlsbad, as follows: 11 A) That the foregoing recitations are true and correct. 13 B) At the end of the State-mandated six-week review period, starting on November 14 23, 2007 and ending on January 4, 2008, staff shall present to the City Council a summary of the comments received. 16 C) That based on the evidence presented at the public hearing, the Commission 1? RECOMMENDS APPROVAL of PALOMAR AIRPORT ROAD DRIVEWAY - LCPA 07-07 based on the following findings, and subject to the following conditions: 19 ~r. Findings; 21 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is 22 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed amendment is consistent with the Carlsbad 24 Ranch Specific Plan and will not affect any of the Mello II Land Use Policies related 25 to grading, landscaping, erosion, steep slopes, landslides, slope instability, seismic hazards, erosion control practices, or removal of native vegetation. 26 27 2. That the proposed amendment to the Implementation Plan of the Mello II segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the 28 Carlsbad Ranch Specific Plan. 3. The Planning Director has determined that: a. the project is a(n) subsequent activity of the Carlsbad Ranch Specific Plan (SP 207(A)) for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and (e)]; and b. this project is consistent with the Carlsbad Ranch Specific Plan cited above; and PCRESONO. 6415 -2- 1 c. the Carlsbad Ranch Specific Plan EIR 94-01 was certified by the City Council 2 on January 9, 1996 in connection with the prior plan; and 3 d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and 5 x- e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 8 f. all feasible mitigation measures or project alternatives identified in the Carlsbad Q Ranch Specific Plan EIR 94-01, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 10 11 4. 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 12 to mitigate impacts caused by or reasonably related to the project, and the extent and the 13 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 15 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 18 1. If any of the following conditions fail to occur, or if they are, by their terms, to be in 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 20 revoke or modify all approvals herein granted; deny or further condition issuance of all 21 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 23 conditions or seek damages for their violation. No vested rights are gained by Developer 24 or a successor in interest by the City's approval of this Local Coastal Program Amendment. 26 2. This approval is granted subject to the approval of SP 207(G), CUP 98-20(B), and CDP 27 98-91(A), and is subject to all conditions contained in Planning Commission Resolutions No. 6414, 6416, and 6417 for the other approval incorporated herein by reference.28 PCRESONO. 6415 -3- 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 to the Planning Commission of the City of Carlsbad, held on April 16,2008, by the following vote, to wit: AYES:Commissioners Baker, Cardosa, Dominguez, Montgomery, and Chairperson Whitton NOES: ABSENT: Commissioner Boddy ABSTAIN: Commissioner Douglas FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6415 -4-