HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 65051 PLANNING COMMISSION RESOLUTION NO. 6505
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE
4 SUBDIVISION, GRADING, AND DEVELOPMENT OF A 5.05-
5 ACRE SITE INTO TWELVE (12) RESIDENTIAL LOTS, TWO
(2) OPEN SPACE LOTS, AND ONE (1) PRIVATE STREET
6 LOT; AND CONSTRUCTION OF TWELVE (12) DETACHED
SINGLE-FAMILY DWELLING UNITS, AND THREE (3)
7 SECOND DWELLING UNITS ON PROPERTY GENERALLY
LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL
ROAD AND AVENA COURT EAST IN LOCAL FACILITIES
9 MANAGEMENT ZONE 20.
CASE NAME: SEASCAPE
10 CASE NO.: CDP 05-37
WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with
12 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia,
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"Owner," described as
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Parcel IB:
16 The Southwest Quarter of the Southwest Quarter of the
Northwest Quarter of the Northeast Quarter of Section 27,
17 Township 12 South, Range 4 West, San Bernadino Base and
Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to the official plat thereof; and
19 Parcel 2B:
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The Southeast Quarter of the Southwest Quarter of the
21 Northwest Quarter of the Northeast Quarter of Section 27,
Township 12 South, Range 4 West, San Bernadino Base and
Meridian, in the City of Carlsbad, County of San Diego, State
23 of California, according to the official plat thereof; and
24 Parcel 3B:
75 An easement for road and public utility purposes over, under,
26 upon and across the westerly 30 feet of the south half of the
Northwest Quarter of the Northwest Quarter of the Northeast
27 Quarter of Section 27, Township 12 South, Range 4 West, San
Bernadino Base and Meridian, in the City of Carlsbad, County
28 of San Diego, State of California, according to the official plat
thereof; and
1 Parcel 4B:
2
An easement for road and public utility purposes over, under,
3 along and across the westerly 30 feet of the Northwest Quarter
of the Southwest Quarter of the Northwest Quarter of Section
^ 27, Township 12 South, Range 4 West, San Bernadino Base
- and Meridian, in the City of Carlsbad, County of San Diego,
State of California, according to the official plat thereof
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastalo
9 Development Permit as shown on Exhibits "A" - "BB" dated November 5, 2008, on file in the
10 Planning Department, SEASCAPE - CDP 05-37, as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
12 WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly
13
noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
16 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
17 relating to the CDP.
18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
19 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
APPROVES SEASCAPE - CDP 05-37, based on the following findings and
23 subject to the following conditions:
Findings;
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1. That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program and all applicable policies in that the development does
26 not obstruct public views of the coastline as seen from public lands or rights-of-way;
the project has been conditioned to comply with erosion and storm water control
27 measures; and no sensitive resources, public access areas or water oriented
recreational activities exist on or near the site.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
2 of the Coastal Act in that the site is located over 1 mile from Batiquitos Lagoon and
approximately 1.5 miles from the Pacific Ocean and no coastal access areas or
3 water-oriented recreational activities exist on or near the site.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
t- 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
6 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
7 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.
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4. The project complies with the requirements of the Coastal Agricultural Overlay
10 Zone as the project is conditioned to pay the agricultural conversion mitigation fee
of $10,000/acre to develop with other than agricultural uses.
12 5. The Planning Commission of the City of Carlsbad does hereby find:
13 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05-
14 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP
, <- 06-02/HMP 07-09, the environmental impacts therein identified for this project
and said comments thereon, and the Program, on file in the Planning Department,
1 g prior to RECOMMENDING ADOPTION of the project; and
17 b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
State Guidelines and the Environmental Protection Procedures of the City of
19 Carlsbad; and
20 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and21
~j d. based on the EIA Part II and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on
23 the environment.
24 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 the project, and the extent and the
26 degree of the exaction is in rough proportionality to the impact caused by the project.
27 Conditions:
28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
recordation of the final map or issuance of a grading permit, whichever occurs first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 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
3 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
6 or a successor in interest by the City's approval of this Coastal Development Permit.
7 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.
9 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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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.
12 4. If any condition for construction of any public improvements or facilities, or the payment
13 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
14 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.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
17 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
I n 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
20 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
21 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
23 approval is not validated.
24 6. This approval is granted subject to the approval of a Mitigated Negative Declaration
and Mitigation Monitoring & Reporting Program, GPA 05-11, ZC 05-10, LCPA 05-
25 06, CT 05-18, PUD 05-14, SDP 05-12, HDP 06-02, and HMP 07-09 and is subject to all
25 conditions contained in Planning Commission. Resolutions No. 6498, 6499, 6500, 6501,
6502, 6503, 6504, 6506, and 6507, for those other approvals incorporated herein by
27 reference.
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7. The applicant shall apply for and be issued building permits for this project within two
2 (2) years of Coastal Commission approval of LCPA 05-06 or this Coastal Development
Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance.
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8. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
NOTICE
6
„ 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
g "fees/exactions."
9 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
11 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
12 annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
1 . 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
15 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
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on November 5, 2008, by the following
vote, to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton
ABSENT: Commissioner Douglas
ABSTAIN:
FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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