HomeMy WebLinkAbout2010-03-03; Planning Commission; Resolution 6667PLANNING COMMISSION RESOLUTION NO. 6667
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT PERMIT CDP
4 09-15 TO SUBDIVIDE AN EXISTING 14.38 ACRE RENTAL
, MOBILE HOME PARK INTO A ONE LOT SUBDIVISION
WITH 146 RESIDENTIAL AIRSPACE LOTS ON PROPERTY
6 LOCATED AT 6550 PONTO DRIVE EAST OF CARLSBAD
BOULEVARD AND SOUTH OF SURFSIDE LANE WITHIN
7 THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM IN LOCAL FACILITIES MANAGEMENT ZONE
8 22.
9 CASE NAME: LANIKAI LANE
CASE NO.: CDP 09-15
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WHEREAS, Ocean Park Estates II, LLC, "Owner and Developer," has filed a
12 verified application with the City of Carlsbad regarding property described as
13 That portion of Lot 1, Section 29, Township 12 South, Range 4
West, San Bernardino base and meridian, in the City of
14 Carlsbad, County of San Diego, State of California, according
to the official plat thereof, lying between the State Highway
and the railroad rights of way; and
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Excepting therefrom the south 10 acres thereof lying between
17 the State Highway and the railroad rights-of-way with the
north and south boundaries approximately parallel; and18
, o Also excepting therefrom any portion taken by the State of
California in Parcels 6A & 6B of final decree recorded April
20 23, 1952 as Document No. 50269 in Book 4444 Page 395 of
Official Records; and
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The south 10 acres of Lot 1, Section 29, Township 12 South,
Range 4 West, San Bernardino Base and meridian in the City
23 of Carlsbad, County of San Diego, State of California,
according to the official plat thereof, lying between the State
24 Highway and the railroad rights of way with the north and
south boundaries approximately parallel; and
2/r Also excepting therefrom any portion taken by the State of
California in Parcels 6A &6B of final decree recorded April 23,
27 1952 as document No. 50269 in Book 4444 Page 395 of official
records
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("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal
2 Development Permit as shown on Exhibits "A"-"D" dated March 3, 2010, on file in the
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Planning Department, LANIKAI LANE - CDP 09-15, as provided by Chapter 21.201.040 of4
e the Carlsbad Municipal Code; and
6 WHEREAS, the Planning Commission did, on March 3, 2010, hold a duly
7 noticed public hearing as prescribed by law to consider said request; and
Q
WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission of the City of Carlsbad as follows:
14 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
16 RECOMMENDS APPROVAL of LANIKAI LANE - CDP 09-15 based on the
following findings and subject to the following conditions:
17 Findings;
18 1. That the proposed development is in conformance with the Certified Local Coastal
1 Q Program and all applicable policies in that the subdivision of the existing rental mobile
home park property into a single lot for the purpose of creating 146 airspace
20 condominium lots is consistent with the Residential Mobile Home Park zoning
designation and the Residential Medium High land use designations of the Coastal
21 Program in that the existing mobile home park density of 10.15 du/ac is within the
density range allowed by the Residential Medium-High Density Land Use
designation of 8-15 du/ac consistent with the Local Coastal Program Land Use
23 designation; that the rental rates for residents that choose not to purchase their
lease airspace is regulated by California Government Code Section 66427.5 and
24 thereby will not displace or remove affordable housing within the Coastal Zone, that
no physical improvements are proposed or conditioned as part of the subdivision
25 request and thereby will not have any impacts on coastal resources; subdividing the
~ s mobile home park will not obstruct views of the coastline as seen from public lands
or the public right-of-way, nor otherwise damage the visual beauty of the coastal
27 zone. No agricultural uses currently exist on the site, nor are there any sensitive
resources located on the property. In addition, the existing mobile home park is not
28 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
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access are available from the subject site. Furthermore, the residentially-designated
2 site is not suited for water-oriented recreation activities.
3 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that subdivision of the property will not have an effect on access
4 to the coast since the property is not located between the shore and the first public
road east of the shore, therefore, the project will not interfere with the public's right
to access the coast and the site is not suited for water-oriented recreational activities.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
7 Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes or native
vegetation is located on the subject property and the site is not located in an area prone to
8 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,
1f1 therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone
(Chapter 21.204 of the Zoning Ordinance).
11 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
12 of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
6. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
j5 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 (Existing Facilities)
16 of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
*' apply to this project.
Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
20 recordation of CT 09-04 as a final map.
91z l 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
22 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
23 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
24 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
26 or a successor in interest by the City's approval of this Coastal Development Permit.
27 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.
PC RESO NO. 6667 -3-
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2 development, different from this approval, shall require an amendment to this approval.
3 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
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
5 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
7 unless the City Council determines that the project without the condition complies with
all requirements of law.8
9 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
10 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
1 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
12 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
13 (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
14 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.
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6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
17 the Tentative Map reflecting the conditions approved by the final decision-making body.
1 O 7. This approval is granted subject to the approval of CT 09-04 and is subject to all
in conditions contained in Planning Commission Resolution No. 6666 for those other
approvals incorporated herein by reference.
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8. Prior to the recordation of CT 09-04 as a final map, Developer shall submit to the City a
"21 Notice of Restriction executed by the owner of the real property to be developed. Said
22 notice is to be filed in the office of the County Recorder, subject to the satisfaction of the
Planning Director, notifying all interested parties and successors in interest that the City
23 of Carlsbad has issued a Coastal Development Permit by Resolution No. 6667 on the
property. Said Notice of Restriction shall note the property description, location of the
24 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
Planning Director has the authority to execute and record an amendment to the notice
25 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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NOTICE
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
"fees/exactions."
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
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
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
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
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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on March 3, 2010, by the following vote,
to wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, Nygaard, and Schumacher
ABSENT: Commissioner Montgomery
ABSTAIN:
FARRAH U!DOUGLAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6667 -5-