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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-