HomeMy WebLinkAbout2010-04-07; Planning Commission; Resolution 66851 PLANNING COMMISSION RESOLUTION NO. 6685
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM
4 AMENDMENT TO CHANGE THE LOCAL COASTAL
PROGRAM LAND USE DESIGNATION FROM RESIDENTIAL
LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO
6 RESIDENTIAL MEDIUM (RM, 4-8 DU/AC), RESIDENTIAL
LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC), AND OPEN
7 SPACE (OS) AND THE LOCAL COASTAL PROGRAM
ZONING DESIGNATION FROM LIMITED CONTROL (L-C)
8 TO RESIDENTIAL DENSITY-MULTIPLE (RD-M), ONE-
9 FAMILY RESIDENTIAL (R-l), AND OPEN SPACE (OS) ON
PROPERTY GENERALLY LOCATED NORTH OF AVIARA
10 PARKWAY, SOUTH OF CORTE ORCHIDIA, EAST OF
TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN
11 LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: MUROYA SUBDIVISION
CASE NO: LCPA 06-09
13 WHEREAS, California State law requires that the Local Coastal Program,
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General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
16 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified
17 application with the City of Carlsbad regarding property owned by Muroya Family Trust,
18 "Owner," described as
19 The East One-Half of the Northeast Quarter of the Northwest
20 Quarter, Section 27, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, in the City of Carlsbad,
21 County of San Diego, State of California, According to United
States Government Survey
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("the Property"); and
24 WHEREAS, said verified application constitutes a request for a Local Coastal
25 Program Amendment as shown on Exhibit "LCPA 06-09" dated April 7, 2010, attached hereto,
2" as provided in Public Resources Code Section 30514 and Section 13551 of California Code of
27 Regulations Title 14, Division 5.5; and
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1 WHEREAS, the Planning Commission did on April 7, 2010, hold a duly noticed
2 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
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t- and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
6 relating to the Local Coastal Program Amendment; and
7 WHEREAS, State Coastal Guidelines requires a six-week public review period
o for any amendment to the Local Coastal Program.
9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad, as follows:
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12 A) That the foregoing recitations are true and correct.
13 B) At the end of the State-mandated six-week review period, starting on December
25, 2009, and ending on February 5, 2010, staff shall present to the City Council
14 a summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
j 6 RECOMMENDS APPROVAL of MUROYA SUBDIVISION - LCPA 06-09,
based on the following findings, and subject to the following conditions:
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Findings:
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1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello II segment of the Carlsbad Local Coastal Program not being amended by
this amendment, in that the proposed Local Coastal Program RM, RLM, and OS land
21 use designation and RD-M, R-l, and OS zoning designations are consistent with the
Residential Medium (RM, 4-8 du/ac), Residential Low-Medium Density (RLM, 0-4
22 du/ac), and Open Space (OS) Land Use designations, the Residential Density-
Multiple (RD-M), One-Family Residential (R-l), and Open Space (OS) Zoning
designations, and the Zone 20 Specific Plan (203); the development does not
24 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
25 measures; the dual criteria slopes and sensitive coastal habitat resources are
preserved in an open space lot; and no public access areas or water oriented
26 recreational activities exist on or near the site; 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 water-oriented recreational activities exist on or near the
28 site; and the project is required to provide drainage and erosion control measures.
PC RESO NO. 6685 -2-
2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal
2 Program is required to bring the property's Local Coastal Program Land Use and
Zoning designations into consistency with the City's General Plan Land Use
3 designation, Zoning designation, and the Zone 20 Specific Plan.
4 3. That the project is conditioned to provide the payment of an agricultural conversion
mitigation fee in the amount of $10,000/acre (for 7.9 acres), which will mitigate the
loss of agricultural resources by preserving or enhancing other important coastal
resources.
7 4. The Planning Commission of the City of Carlsbad does hereby find:
8 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for MUROYA SUBDIVISION -
9 GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32,
HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this
project and said comments thereon, and the Program, on file in the Planning
11 Department, prior to RECOMMENDING ADOPTION of the project; and
12 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
14 Procedures of the City of Carlsbad; and
15 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and16
17 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 the
[ g environment.
19 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
20 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.
22 Conditions;
23 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
26 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
27 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 Local Coastal Program
Amendment.
PC RESO NO. 6685 -3-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 and modifications to the Local Coastal Program Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
3 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
7 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
a 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
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
13 or indirectly, from (a) City's approval and issuance of this Local Coastal Program
Amendment, (b) City's approval or issuance of any permit or action, whether
14 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
, t 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
17 approval is not validated.
18 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, and SP
203(D) and is subject to all conditions contained in Planning Commission Resolutions
2Q No. 6681, 6682, 6683, and 6684 for those other approvals incorporated herein by
reference.
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7. Developer shall implement, or cause the implementation of, the MUROYA
22 SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-
19, CDP 06-32, HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and
Reporting Program.
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PC RESO NO. 6685 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on April 7, 2010, by the following vote, to wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, and Nygaard
ABSENT: Commissioners Montgomery and Schumacher
ABSTAIN:
FARRAH GTDOUGLAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6685 -5-
Exhibit "LCPA 06-09'
April?, 2010
LCPA 06-09 (Land Use)Muroya Subdivision
r 7 * A^sgp^ij™-^V rfex
EXISTING
PROPOSED
Related Case File No(s): GPA 06-09 / ZC 06-08 / SP 203D /
CT 06-27 / CP 06-19 / CDP 06-32 / HDP 06-10 / HMPP 07-02
LCPA Land Use Designation Changes
Property
A.
B.
C.
215-040-30
From:
RLM
To:
RLM / RM / OS
Exhibit "LCPA 06-09"
April?, 2010
LCPA 06-09 (Zoning)Muroya Subdivision
EXISTING
PROPOSED
Related Case File No(s): GPA 06-09 / ZC 06-08 / SP 203D /
CT 06-27 / CP 06-19 / CDP 06-32 / HDP 06-10 / HMPP 07-02
LCPA Zoning Designation Changes
Property
A.
B.
C.
215-040-03
From:
L-C
To:
R-1 / RD-M / OS