HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 62341 PLANNING COMMISSION RESOLUTION NO. 6234
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO
YEAR EXTENSION OF A HILLSIDE DEVELOPMENT
4 PERMIT TO SUBDIVIDE 21.9 ACRES INTO 5 SINGLE-
, FAMILY RESIDENTIAL LOTS, ONE OPEN SPACE LOT, AND
ONE PRIVATE STREET LOT ON PROPERTY GENERALLY
6 LOCATED NORTH OF FARADAY AVENUE AT THE
SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL
7 FACILITIES MANAGEMENT ZONE 8 AND THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM.
8 CASE NAME: KIRGIS TENTATIVE MAP
9 CASE NO: HDP 02-Olxl
10 WHEREAS, Pergola Nevada, LLC, "Developer/Owner," has filed a verified
11 application with the City of Carlsbad regarding property described as
12 All that portion of Lot "F" of Rancho Agua Hedionda, in the
13 County of San Diego, State of California, as shown on Partition
Map thereof No. 823, filed in the Office of the County
14 Recorder of San Diego County, on November 16,1896
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Hillside
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Development Permit extension as shown on Exhibits "A" - "C" dated September 3, 2003, on
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file in the Carlsbad Planning Department, KIRGIS TENTATIVE MAP - HDP 02-01X1, as
20 provided by Chapter 21.95 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did on the 3rd day of September 2003,
22 on the 17th day of September 2003, and on the 5th day of November 2003 consider HDP 02-
23 01;and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors26
27 relating to the Hillside Development Permit; and
28 WHEREAS, the City Council did on the 2nd day of March 2004 consider HDP
02-01; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of persons desiring to be heard, said Council considered all factors
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relating to the Hillside Development Permit; and
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WHEREAS, on March 2, 2004, the City Council approved, HDP 02-01, as
6 described and conditioned in City Council Resolution No. 2004-070.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:
9 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES KIRGIS TENTATIVE MAP - HDP 02-01X1 based on the
following findings and subject to the following conditions:
13 Findings:
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All the findings contained in City Council Resolution No. 2004-070 dated March 2,
15 2004 for HDP 02-01 are incorporated herein by reference and remain in effect
because the design and improvements of the subdivision are consistent with the
General Plan in that the project is within the density range of 0-1.5 dwelling units
17 per acre; because the project is consistent with the Subdivision Ordinance (Title 20)
and the Planned Unit Development Ordinance (Section 21.45 of the Zoning
18 Ordinance) in that all of the lot sizes and improvements meet the standards
established by those ordinances and the Local Facilities Management Plan.
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2. That the applicant has been pursuing those acts required to obtain a final map
including identifying and acquiring mitigation land and preparing improvement
plans and bonds.
22 3. That a two-year extension is appropriate in that the project site is small and
therefore does not benefit from the economy of scale; the applicant has expended
23 funds for the identification and acquisition of mitigation land in the City of
Carlsbad which is increasingly more difficult as well as for the preparation of
improvement plans; the development of the site with 5 custom homes will also
25 include the preservation of 16.5 acres of open space which will benefit the City's
Open Space preserve system; and would allow the owner/applicant to preserve
26 existing property entitlements while satisfying the conditions for a 7 lot subdivision
(GPA 03-01, ZC 03-01, LCPA 03-01, CT 02-06, PUD 02-02, CDP 02-05 and HDP 04-
27 01).
98zo 4. The Planning Director has determined that:
PC RESO NO. 6234 -2-
a. the project is a project for which a Mitigated Negative Declaration and
2 Mitigation Monitoring and Reporting Program, Kirgis Subdivision, HDP 02-
01, dated March 2, 2004, (City Council Resolution No. 2004-067) was
3 previously adopted [ 15162];
4 b. this project is consistent with the project sited above;
c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
f Program was adopted in connection with the prior project or plan;
7 d. the project has no new significant environmental effect not analyzed as significant
in the prior Mitigated Negative Declaration and Mitigation Monitoring and
8 Reporting Program; and
9 e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Section 15162 exists.
Conditions;
12 1. This approval is granted subject to the approval of CT 02-06x1 and PUD 02-02x1 and is
subject to all conditions contained in Planning Commission Resolutions No. 6232 and
13 6233 for those other approvals; and is subject to approval of CDP 02-05x1 by the
Planning Director.
15 2. All the conditions contained in City Council Resolution No. 2004-070 dated March
2, 2004 for HDP 02-01 are incorporated herein by reference and remain in effect,
16 except for Condition No. 7 which is deleted and replaced by Condition No. 3 below.
3. This approval shall become null and void upon the expiration of Tentative Map CT
18 02-06x1.
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PC RESO NO. 6234 -3-
1 NOTICE
2
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
A "fees/exactions."
5 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
6 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
\2 expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of January 2007, by the
16 following vote, to wit:
AYES: Commissioners Cardosa, Douglas, Segall and Whitton
18 NOES: Chairperson Montgomery, Commissioners Baker and Dominguez
19 ABSENT:
20"
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23 MARTELL B. MONf GOMER^hairperson
CARLSBAD PLANNING COMMISSION
24"
25 ATTEST:
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28 DON NEU
Assistant Planning Director
PC RESO NO. 6234 -4-