HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57241
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PLANNING COMMISSION RESOLUTION NO. 5724
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON A 5.64 ACRE SITE
GENERALLY LOCATED ON THE EAST SIDE OF BLACK
RAIL ROAD, SOUTH OF POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: TABATA RESIDENTIAL SUBDIVISION
CASE NO: HDP 04-02
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 Hillsid
Development Permit as shown on Exhibits “A” - “K” dated September 1, 2004, on file in the
Carlsbad Planning Department, TABATA RESIDENTAL SUBDIVISION - HDP 04-02, as
provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 1st day of September 2004,
consider said request; and
WHEREAS, at said 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 Hillside Development Permit.
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
APPROVES TABATA RESIDENTIAL SUBDIVISION - HDP 04-02 based
on the following findings and subject to the following conditions:
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Findings:
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That hillside conditio s ha ‘e been proper1 r identified on the constraints map which show
existing and proposed conditions and slope percentages.
That undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map.
That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the grading design minimizes the
amount of grading, respects the natural terrain, preserves all of the sensitive
habitat, and incorporates contour grading and variable slope grades into the eastern
slope bank.
That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that no residential development occurs on any natural slopes with an inclination of
greater than forty percent, an elevation differential of greater than fifteen feet, and
an area of greater than 10,000 square feet.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the grading design minimizes the
amount of grading, respects the natural terrain, preserves all of the sensitive
habitat, and incorporates contour grading and variable slope grades into the eastern
slope bank which will be landscaped with non-invasive, fire-resistant, native-type
vegetation.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of grading permit, whichever comes first.
1. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside 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 fiom this approval, shall require an amendment to this approval.
2. Approval of HDP 04-02 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 CDP 03-24 and is subject to all conditions contained in Planning
Commission Resolutions No. 5718, 5719, 5720, 5721, 5722 and 5723 for those other
approvals incorporated herein by reference.
3. 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 residential
housing 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
PC RES0 NO. 5724 -2-
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approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
4. 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 Hillside 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.
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.
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PC RES0 NO. 5724 -3-
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Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
f 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:
%LS-------
H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5724 -4-