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Home My WebLink About2008-04-16; Planning Commission; Resolution 64171 PLANNING COMMISSION RESOLUTION NO. 6417 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT TO 4 ALLOW FOR A DECELERATION LANE AND A SECOND , DRIVEWAY ACCESS FOR INGRESS ONLY INTO THE ARMSTRONG GARDEN CENTER/FLOWER FIELDS 6 PROPERTY FROM PALOMAR AIRPORT ROAD ON PROPERTY GENERALLY LOCATED NORTHEAST OF 7 PALOMAR AIRPORT ROAD AND PASEO DEL NORTE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 8 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 9 ZONE 13. CASE NAME: PALOMAR AIRPORT ROAD DRIVEWAY 10 CASE NO.: CDP98-9KA) 11 WHEREAS, CB Ranch Enterprises, A California Corporation, 12 "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property 13 described as 14 Lot 1 of Carlsbad Tract No. 94-09, Carlsbad Ranch Unit 1 per Map No. 13357, Filed September 11, 1996, in the Office of the 16 County Recorder, as File No. 1997-147754, in the City of Carlsbad, County of San Diego, State of California 17 ("the Property"); and18 i n WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit Amendment as shown on Exhibits "A" - "F" dated April 16, 2008, on file 21 in the Planning Department, PALOMAR AIRPORT ROAD DRIVEWAY - CDP 98-91 (A), 22 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on April 16, 2008, hold a duly 24 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 2° relating to the CDP Amendment. 1 WHEREAS, on October 20, 1999, the Planning Commission approved CDP 98- 2 91, as described and conditioned in Planning Commission Resolution No. 4645. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4 <- Commission of the City of Carlsbad as follows: 6 . A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Commission APPROVES PALOMAR AIRPORT ROAD DRIVEWAY - CDP 98-91(A) based on the following findings and subject to the following conditions: 9 Findings: 10 1. That the proposed development is in conformance with the Certified Local Coastal 11 Program and all applicable policies in that no steep slopes, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist onsite; and the development does not impact existing agricultural activities, obstruct any views 13 of the coastline as seen from public lands or public right-of-ways, or otherwise damage the visual beauty of the coastal zone. 14 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 15 of the Coastal Act in that no coastal access opportunities exist. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 17 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 18 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 19 erosion. No steep slopes or native vegetation is 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. 21 Conditions: 22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 23 grading permit or building permit whichever occurs first. 24 1 . If any of the following conditions fail to occur, or if they are, by their terms, to be 25 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 26 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 PCRESONO. 6417 -2- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Coastal Development Permit. 3 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. c Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. o 4. If any condition for construction of any public improvements or facilities, or the payment 9 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 10 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. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 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 Amendment, (b) City's approval or issuance of any permit or action, whether 16 discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 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 j 9 approval is not validated. 20 6. This approval is granted subject to the approval of SP 207(G), LCPA 07-07, CUP 98- 20(B) and is subject to all conditions contained in Planning Commission Resolutions No. 21 6414, 6415, and 6416 for those other approvals incorporated herein by reference. 22 7. The applicant shall apply for and be issued grading or building permits for this project 23 within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 24 8. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 26 27 28 PCRESONO. 6417 -3- NOTICE 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." 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 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or g annul their imposition. 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, zoning, grading, or other similar application processing or service fees in connection with this 11 12 13 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 16, 2008, by the following vote, 15 to wit: 16 AYES: Commissioners Baker, Cardosa, Dominguez, Montgomery, and 17 18 NOES: Chairperson Whitton 19.. ABSENT: Commissioner Boddy 20 ABSTAIN: Commissioner Douglas 22 23 j^RANKH. WHITTON, Chairperson /TARTQRAnPT AXTMFMn fT^/flUTS24 r CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 28 DON NEU Planning Director PCRESONO. 6417 -4-