HomeMy WebLinkAbout2007-01-17; Planning Commission; Resolution 6237PLANNING COMMISSION RESOLUTION NO. 6237
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE
YEAR EXTENSION OF A TENTATIVE TRACT MAP TO
3 SUBDIVIDE A 5.64 ACRE SITE INTO 16 SINGLE-FAMILY
RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS ON
4 PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
5 BLACKRAIL ROAD, SOUTH OF POINTSETTIA LANE IN
THE MELLO II SEGMENT OF THE LOCAL COASTAL
6 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
7 CASE NAME: TABATA RESIDENTIAL SUBDIVISION
CASE NO.: CT 03-06x18
9 WHEREAS, Trans West Housing, Inc., "Developer/Owner," has filed a
10 verified application with the City of Carlsbad regarding property described as
11 A portion of the southwest quarter of Section 22, T12S, R4W,
12 SBBM, in the City of Carlsbad, County of San Diego, State of
California
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Tentative Tract
16 Map extension as shown on Exhibits "A" - "K" dated September 1, 2004, on file in the
17 Carlsbad Planning Department, TABATA RESIDENTIAL SUBDIVISION - CT 03-06x1, as
1 K provided by Chapter 20.12 of the Carlsbad Municipal Code; and
19 WHEREAS, the Planning Commission did on the 1st day of September 2004,
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consider CT 03-06; and
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22 WHEREAS, at said public hearing, upon hearing and considering all testimony
23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
24 relating to the Tentative Tract Map; and
25 WHEREAS, on September 1, 2004, the Planning Commission approved, CT
26 03-06, as described and conditioned in Planning Commission Resolution No. 5722.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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
3 APPROVES TABATA RESIDENTIAL SUBDIVISION - CT 03-06x1, based
on the following findings and subject to the following conditions:
e Findings:
5 1. AH the findings contained in Planning Commission Resolution No. 5722 dated
September 1, 2004 for CT 03-06 are incorporated herein by reference and remain in
7 effect.
8 2. That a one-year extension is appropriate and would allow the owner/applicant to
preserve existing property entitlements while satisfying the conditions for an 18 lot
subdivision (GPA 04-13, ZC 03-05, LCPA 03-07, CT 03-06, CDP 03-24 and HDP 04-
10 02).
11 3. That a one-year extension is appropriate because the owner/applicant has been
diligently pursuing the following actions required to obtain approval of a final map
12 for the subdivision: a final map and grading and improvement plans have been
submitted for the project and are currently pending approval.
14 4. The design and improvements of the subdivision are consistent with the General
Plan, Title 20 and 21 and any public facility or Growth Management policies in
1 5 existence at the time of the map extension.
16 5. That all other related permits or approvals issued pursuant to Title 21 have been
extended to expire concurrent with the tentative map and are consistent with the
* ' requirements of Title 21 at the time of the map extension.
1 8 6. The Planning Director has determined that:
19 a. the project is a project for which a Mitigated Negative Declaration and
20 Mitigation Monitoring and Reporting Program, Tabata Residential
Subdivision, CT 03-06, dated October 19, 2004, (City Council Resolution No.
2 1 2004-338) was previously adopted [ 1 5 1 62] ;
22 b. this project is consistent with the project sited above;
23 c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
24 Program was adopted in connection with the prior project or plan;
25 d. the project has no new significant environmental effect not analyzed as significant
in the prior Mitigated Negative Declaration and Mitigation Monitoring and
26 Reporting Program; and
2' e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Section 15162 exists.
PC RESO NO. 6237 -2-
7. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
3 degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
6 recordation or issuance of a 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
9 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
10 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
or a successor in interest by the City's approval of this Tentative Tract Map.
13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
14 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.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
17 regulations in effect at the time of building permit issuance.
1 O 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
challenged, this approval shall be suspended as provided in Government Code Section
20 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
21 all requirements of law.
22 Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
24 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 Tentative Tract Map, (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
27 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
aii iegai proceedings have been concluded and continues even if the City's approval is not
validated.
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6. This approval is granted subject to the approval of HDP 04-02x1 and is subject to all
2 conditions contained in Planning Commission Resolution No. 6238 for this other
approval and is subject to approval of CDP 03-24x1 by the Planning Director.
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7. All the conditions contained in Planning Commission Resolution No. 5722 dated
September 1,2004 for CT 03-06 are incorporated herein by reference and remain in
effect, except Conditions No. 12 and 46, which are deleted because the Coastal Zone
seasonal grading restrictions are no longer in effect.
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8. This Tentative Map extension is granted for a period of one (1) year retroactively
7 from September 2,2006 through September 1,2007.
8 NOTICE
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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."
12 You have 90 days from date of 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
15 annul their imposition.
16 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
i o 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
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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 17th day of January 2007, by the
following vote, to wit:
AYES:Chairperson Baker, Commissioners Dominguez, Douglas,
Montgomery, Segall, and Whitton
NOES:
ABSENT:
ABSTAIN: Commissioners Cardosa
JULIE BAK^R, Chairperson
CARUSfiADPLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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