HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57231
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5723
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN
GRADE A 5.64 ACRE SITE INTO 16 RESIDENTIAL LOTS
AND 2 OPEN SPACE LOTS ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD,
SOUTH OF POINSETTIA LANE IN THE MELLO 11 SEGMENT
OF THE LOCAL COASTAL PROGRAM AND LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: TABATA RESIDENTIAL SUBDIVISION
EXISTING SINGLE-FAMILY HOME AND SUBDIVIDE AND
CASE NO.: CDP 03-24
WHEREAS, Noboru & Evelyn Tabata and Isokazu Tabata,
“Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property
described as
A portion of the southwest quarter of the southeast quarter of
Section 22, T12S, R4W, SBBM, in the City of Carlsbad,
County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “K” dated September 1, 2004, on file in the
Planning Department, TABATA RESIDENTIAL SUBDIVISION - CDP 03-24 as provided by
Chapter 2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of September 2004,
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 CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES TABATA RESIDENTIAL SUBDIVISION - CDP 03-24 based
on the following findings and subject to the following conditions:
Findin ps:
1.
2.
3.
4.
That the proposed development is in conformance with the Mello I1 Segment of the
Certified Local Coastal Program and all applicable policies in that the development does
not obstruct public views of the coastline as seen from public lands or rights-of-way;
erosion will be controlled by grading in conformance with the City’s Standards and
restricted to the summer season; no sensitive resources, public access or shoreline
access, or water-oriented recreation activities are impacted.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is located over 1 mile from Batiquitos Lagoon and
1.5 miles from the Pacific Ocean and no coastal access areas or water-oriented
recreational activities exist on or near the site.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City‘s
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No steep
slopes or native vegetation located on the subject property are impacted and the site is
not located in an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction.
The project complies with the requirements of the Coastal Agricultural Overlay
Zone as the project is conditioned to pay the agricultural conversion mitigation fee
to develop with other than agricultural uses.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of grading permit, whichever occurs first.
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 Wher condition issuance of all
fbture building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said 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 Coastal Development Permit.
PC RES0 NO. 5723 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2.
3.
4.
5.
9.
10.
11.
12.
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.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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
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
unless the City Council determines that the project without the condition complies with
all requirements of law.
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
or indirectly, from (a) City’s approval and issuance of this Coastal Development Permit,
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, 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 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.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation and Monitoring Report, GPA 04-13, LCPA 03-07, ZC 03-05, CT 03-
13 and HDP 04-02 and is subject to all conditions contained in Planning Commission
Resolutions No. 5718, 5719, 5720, 5721, 5722 and 5724 for those other approvals
incorporated herein by reference.
The applicant shall receive and record a final map for this project within two (2) years
of approval or this coastal development permit will expire unless extended per Section
21.201.2 10 of the Zoning Ordinance.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello I1 Local Coastal Program, the applicant shall provide
payment of the agricultural mitigation fee, the amount of which shall not be less
than $5,000 nor more than $10,000 for each net converted acre of non-prime
agricultural land. The amount of the fee shall be determined by the City Council
and be paid by the applicant prior to approval of the final map or issuance of any
PC RES0 NO. 5723 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
grading permit, whichever occurs first and shall be consistent with the provisions of
Carlsbad’s Local Coastal Program.
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 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
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 feedexactions
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 the 1st day of September 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5723 -4-