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
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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
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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
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/- WHEREAS, State Coastal Guidelines requires a six-week public review period
for any amendment to the Local Coastal Program.
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9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
10 Commission of the City of Carlsbad, as follows:
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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-
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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-