HomeMy WebLinkAbout2019-06-19; Planning Commission; Resolution 7337PLANNING COMMISSION RESOLUTION NO. 7337
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING
PROGRAM AND ADDENDUM FOR THE APPROVAL OF AN AMENDMENT
TO THE LAND USE ELEMENT TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FROM RESIDENTIAL (R-1.5) TO RESIDENTIAL (R-4); A ZONE
CHANGE FROM ONE-FAMILY RESIDENTIAL 30,000 SQUARE FOOT
MINIMUM LOT AREA (R-1-30,000) TO ONE-FAMILY RESIDENTIAL (R-1);
AND A LOCAL COASTAL PROGRAM LAND USE AND ZONE CHANGE TO
REFLECT THE PROPOSED GENERAL PLAN LAND USE AND ZONING FOR A
5.4-ACRE PORTION OF A 21.9-ACRE PROPERTY AND APPROVAL OF A
TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, COASTAL
DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND HABITAT
MANAGEMENT PLAN PERMIT TO ALLOW FOR THE SUBDIVISION AND
DEVELOPMENT OF 18 LOTS (13 SINGLE-FAMILY RESIDENTIAL, ONE
PRIVATE STREET, AND FOUR OPEN SPACE) ON A 21.9-ACRE PREVIOUSLY
SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF THE TERMINUS
OF TWAIN AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: OCEAN VIEW POINT
CASE NO.: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/
CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 16265, filed in the Office of the County Recorder of San
Diego County on April 27, 2018
("the Property"); and
WHEREAS, a Mitigated Negative Declaration, Mitigation Monitoring and Reporting
Program and Addendum were prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on June 19, 2019, 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, examining the initial study, analyzing the information submitted by staff, and considering any
written comments received, the Planning Commission considered all factors relating to the Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration, and Mitigation
Monitoring and Reporting Program, Exhibit "MND," according to Exhibits "Notice of
Intent (NOi)," and "Environmental Impact Assessment Form -Initial Study (EIA)," and
Addendum, Exhibit "ADDM" attached hereto and made a part hereof, based on the
following findings:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation
Monitoring and Report Program and Addendum for GPA 15-02/ZC 15-03/LCPA 15-05/CT
15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT the
environmental impacts therein identified forth is project and any comments thereon prior
to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and
Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
2. 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 degree
of the exaction is in rough proportionality to the impact caused by the project.
PC RESO NO. 7337 -2-
Conditions:
1. Developer shall implement, or cause the implementation of, the GPA 15-02/ZC 15-03/LCPA 15-
05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT Project
Mitigation Monitoring and Reporting Program.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on June 19, 2019, by the following vote, to wit:
AYES: Chair Luna, Commissioners Geidner, Lafferty, Meenes, Merz, and Stine
NOES:
ABSENT: Commissioner Anderson
ABSTAIN:
CAROLYN LUNA, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
TERI DELCAMP
Principal Planner
PC RESO NO. 7337 -3-