HomeMy WebLinkAbout2003-12-03; Planning Commission; Resolution 55311
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PLANNING COMMISSION RESOLUTION NO. 5531
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A
MITIGATED NEGATIVE DECLARATION, GENERAL PLAN
AMENDMENT, ZONE CHANGE, LOCAL COASTAL
PROGRAM AMENDMENT, TRACT MAP, PLANNED UNIT
DEVELOPMENT, COASTAL DEVELOPMENT PERMIT AND
HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE 21.9
ACRES INTO FIVE RESIDENTIAL LOTS AND TWO
COMMONLY OWNED LOTS ON PROPERTY LOCATED
NORTH OF FARADAY AVENUE AT THE SOUTHERN
TERMINUS OF TWAIN AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: KIRGIS TENTATIVE MAP
CASE NO: GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-
061 PUD 92-021CDP 02-05MDP 02-01
WHEREAS, Pergola, Inc., “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Kirgis 1996 Trust, “Owner,” described as
All that portion of Lot 66F” of Rancho Agua Hedionda, in the
County of San Diego, State of California, as shown on Partition
Map thereof No. 823, filed in the Office of the County
Recorder of San Diego County, on November 16,1896
(“the Property”); and
WHEREAS, said application constitutes a request for a General Plan Amendment,
Zone Change, Local Coastal Program Amendment, Tract Map, Planned Unit Development,
Coastal Development Permit and Hillside Development Permit, on file in the Planning
Department, KIRGIS TENTATIVE MAP; and
WHEREAS, the Planning Commission did on the 3rd day of September 2003,
on the 17th day of September 2003, and on the 5th day of November 2003 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 General Plan Amendment, Zone Change, Local Coastal Program Amendment,
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Tract Map, Planned Unit Development, Coastal Development Permit and Hillside Development
Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
Ol/CT 02-O6/PUD 02-02/CDP 02-05/HDP 02-01 based on the following
findings:
DENIED KIRGIS TENTATIVE MAP - GPA 03-01/ZC 03-01LCPA 03-
Fin din ps :
1. That the development proposal is not consistent with the intent, purpose, and
requirements of the Hillside Ordinance, Chapter 2 1.95, in that the proposed hillside
alteration will result in substantial alteration of a natural topography with 61,000
cubic yards of cut and fill, with cuts up to 33 feet and fills up to 26 feet.
2. That the project design does not substantially conform to the intent of the concepts
illustrated in the Hillside Development Guidelines Manual, in that the easterly project
pads are entirely created by fill, thereby elevating the pad above the existing
topographic elevation versus creating pads by averaging both cut and fill to
establish a pad elevation that is at the topographic midpoint, and in that the
westerly pads are larger than the minimum needed for a reasonable use of the
property and thereby creates significantly unnatural development contours.
3. That the project design and lot configuration does not minimize disturbance of hillside
lands, in that although no more than 25% of the gross site area is within the limits of
hillside alteration, development within the disturbed area is greater than necessary
for reasonable enjoyment of the property given the natural topography of the site.
4. Until the issues resulting in denial of the Hillside Development Permit are resolved
the Commission does not approve or recommend approval of the accompanying
discretionary actions.
NOTICE
Please take NOTICE that approval of your project includes the “impo~ition’~ 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 feedexactions. 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
PC RES0 NO. 5531 -2-
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follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 3rd day of December 2003, by the following
vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Montgomery, and
White
Commissioners Heineman, Segall, and Whitton NOES:
ABSENT: None
ABSTAIN: None
cw PLANNING COMMISSION
ATTEST:
\
Planning Director
PC RES0 NO. 5531 -3-