HomeMy WebLinkAbout2013-06-19; Planning Commission; Resolution 6988
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE
DEMOLITION OF A SINGLE FAMILY RESIDENCE,
STORAGE BUILDING, AND GREEN HOUSE STRUCTURES,
AND TO SUBDIVIDE AND GRADE A 5.4 ACRE SITE INTO
SEVENTEEN (17) SINGLE-FAMILY RESIDENTIAL LOTS, ONE PRIVATE STREET LOT, AND TWO BIO-RETENTION
BASIN LOTS, ON PROPERTY GENERALLY LOCATED ON
THE WEST SIDE OF PIO PICO DRIVE NEAR THE
INTERSECTION OF PIO PICO DRIVE AND LAS FLORES
DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: MILES PACIFIC SUBDIVISION
CASE NO: CDP 12-15
WHEREAS, Miles Pacific, LP, “Owner/Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
A Portion of Tract 7 of Laguna Mesa Tract, in the City of Carlsbad, County of San Diego, State of California, According to Map Thereof No. 1719, filed in the Office of the County Recorder of San Diego County, June 20, 1921
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” – “I” dated June 19, 2013, attached hereto and
on file in the Carlsbad Planning Division, MILES PACIFIC SUBDIVISION – CDP 12-15, as
provided in Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 19, 2013, 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
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Coastal Development Permit.
PLANNING COMMISSION RESOLUTION NO. 6988
PC RESO NO. 6988 -2-
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES MILES PACIFIC SUBDIVISION – CDP 12-15., based on the
following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is designated RLM (0 - 4 du/ac) for
single family development by the Mello II LCP and the project consists of the demolition of an existing single family residence, storage building, and green house structures, and to subdivide and grade a 5.4 acre site into seventeen (17) single-family residential lots, one private street lot, and two bio-retention basin lots at a
density of 3.14 du/acre on a previously developed site; the proposed graded
seventeen residential lots will not obstruct views from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses as identified on Map X attached to the LCP currently exist on the site, nor are there any sensitive resources located on the disturbed property. In
addition, the subdivision is not located in an area of known geologic instability or
flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is not located adjacent to the shore. Therefore, 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 recreation activities.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
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 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
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.
4. The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.201 of the Zoning Ordinance.
5. 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
PC RESO NO. 6988 -3-
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to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
General
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed subdivision, must be met prior to approval of a final map,
building, or 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 shall implement, or cause the implementation of, the Miles Pacific
Subdivision Project Mitigation Monitoring and Reporting Program.
6. 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
PC RESO NO. 6988 -4-
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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.
7. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and Addendum, CT 12-01 and PUD 12-08 and is subject to all conditions contained in Planning Commission
Resolutions No. 6985, 6986, and 6987 for those other approvals incorporated herein by
reference.
8. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval unless extended per Section
21.201.210 of the Zoning Ordinance.
9. Prior to the approval of the final map for CT 12-01, Developer shall submit to the City a
Notice of Restriction executed by the owner of the real property to be developed. Said
notice is to be filed in the office of the County Recorder, subject to the satisfaction of the
City Planner, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Coastal Development Permit by Resolution No. 6988 on the property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The City
Planner has the authority to execute and record an amendment to the notice which
modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on June 19, 2013, by the following vote, to
wit:
AYES: Chairperson Siekmann, Commissioners Black and Segall
NOES: Commissioner L'Heureux
ABSENT: Commissioners Anderson, Schumacher and Scully
ABSTAIN:
10 X, ....
11 I 'r1: K s,:~u.-~U-~
KERRYK. SIEKMANN, Chllif;rson 12 CARLSBAD PLANNING COMMISSION
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ATTEST:
DONNEU
City Planner
PC RESO NO. 6988 -5-