HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 66081 PLANNING COMMISSION RESOLUTION NO. 6608
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 06-19 TO
4 SUBDIVIDE A 10.16 ACRE SITE INTO 26 SINGLE FAMILY
5 LOTS AND ONE OPEN SPACE LOT ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST END OF
6 CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
7 ZONE 24.
CASE NAME: TAB ATA 10
8 CASE NO.: CDP 06-19
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WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified
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application with the City of Carlsbad regarding property described as
12 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the
City of Carlsbad, County of San Diego, State of California Rec.
13 March 21, 1974 in the Office of the County Recorder of said
San Diego County
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("the Property"); and
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15 WHEREAS, said verified application constitutes a request for a Coastal
17 Development Permit as shown on Exhibits "A" - "L" dated July 15, 2009, on file in the
18 Planning Department, TABATA 10 - CDP 06-19, as provided by Chapter 21.201.040 of the
19 Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 15th day of July, 2009, hold a
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~~ duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the CDP.
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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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES TABATA 10 - CDP 06-19 based on the following findings and
subject to the following conditions:
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Findings:
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. That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program and all applicable policies in that the project's
proposed density (3.03 du/ac) and single-family residential use is consistent with the
property's Mello II LCP Land Use Designation of Residential-Low Medium RLM
7 (0-4 du/ac); no agricultural resources, sensitive resources, geological instability,
flood hazard, or coastal access opportunities exist onsite; and the development does
not obstruct views of the coastline as seen from public lands or public right-of-way
or otherwise damage the visual beauty of the coastal zone.
10 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project site is not located adjacent to the shore,
11 therefore, the project will not interfere with the public's right to physical access to
the sea and the site is not suited for water-oriented recreational activities.
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. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
14 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban
15 Runoff Management Program (JURMP) to avoid increased urban runoff,
pollutants, and soil erosion. While the project is proposing development into 25%
and greater gradient natural slopes for the grading of a knoll, the slopes do not
contain sensitive habitat, and all of the findings can be made to permit development
of such coastal slopes as discussed in the staff report. Furthermore, no evidence of
18 landslide or slope instability is identified on the site, nor is it located in an area
susceptible to accelerated erosion, floods, or liquefaction.
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4. The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone
(Chapter 21.204 of the Zoning Ordinance).
22 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
23 Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance.
24 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
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
26 degree of the exaction is in rough proportionality to the impact caused by the project.
27 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to a final map or
issuance of a grading permit, whichever occurs first.
PC RESO NO. 6608 -2-
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 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
3 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
4 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
6 or a successor in interest by the City's approval of this Coastal Development Permit.
7 2. 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.
9 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
* * regulations in effect at the time of building permit issuance.
12 4. If any condition for construction of any public improvements or facilities, or the payment
13 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
14 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.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
17 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
i Q 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
20 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
21 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
23 approval is not validated.
24 6. This approval is granted subject to the approval of Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and GPA 06-04, LCPA 06-02, ZC 06-
25 03, CT 06-13, SUP 06-08 and HDP 07-03 and is subject to all conditions contained in
26 Planning Commission Resolutions No. 6601, 6602, 6603, 6604, 6605, 6606 and 6607
for those other approvals incorporated herein by reference.
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PC RESO NO. 6608 -3-
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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 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
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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
i • j?*fi
MARTELL B.
CARLSBAD PLANNING CO?
ATTEST:
airperson
ISSION
DON NEU
Planning Director
PC RESO NO. 6608 -4-