HomeMy WebLinkAbout2009-08-05; Planning Commission; Resolution 66151 PLANNING COMMISSION RESOLUTION NO. 6615
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
4 ELEMENT OF THE GENERAL PLAN TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FROM
RESIDENTIAL MEDIUM DENSITY (RM, 4-8 DU/AC) TO
6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC)
ON A 2.9 ACRE SITE GENERALLY LOCATED ON THE
7 NORTH SIDE OF POINSETTIA LANE AT THE
WESTERNMOST TERMINUS OF LEMON LEAF DRIVE
8 WITHIN THE MELLO II SEGMENT OF THE LOCAL
9 COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 20.
10 CASE NAME: TABATA RANCH
CASE NO: GPA 07-05
11
WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified
13 application with the City of Carlsbad regarding property described as:
14 Parcel 1 A:
That portion of the east 264.14 feet of the west 1A. of the
northeast % of the northeast % of Section 28, Township 12
south, Range 4 west, San Bernardino Base and Meridian, in
17 the County of San Diego, State of California, according to
official plat thereof, lying northerly of the north line of the
18 south 15 acres of said west
i o Excepting from the above east 264.14 feet of said land, the
20 south 184.47 feet thereof;
21 Also excepting the east 28.00 feet and the north 30.00 feet
thereof;
22
Parcel IB:
24 The northerly 30.00 feet of the easterly 264.14 feet of the west
of the northeast % of the northeast % of Section 28,
25 Township 12 south, Range 4 west, San Bernardino Base and
Meridian, in the County of San Diego, State of California,
" according to United States Government Survey, together with
27 that portion of the easterly 28.00 feet of said west Vi lying
northerly of the northerly line of the southerly 15.00 acres of
28 said west
Excepting from said easterly 28.00 feet, the northerly 30.00 feet
and southerly 184.47 feet thereof;
1 Parcel 2:
2
The southerly 184.47 feet of that portion of the easterly 264.14
3 feet of the westerly 1A of the northeast % of the northeast % of
the Section 28, Township 12 south, Range 4 west, San
Bernardino Meridian, in the County of San Diego, State of
<- California, according to the official plat thereof, lying
northerly of the northerly line of the southerly 15 acres of said
6 west
7 Excepting therefrom:
o That portion of Section 28, Township 12 south, Range 4 west,
San Bernardino Meridian, in the City of Carlsbad, County of
San Diego, California, described as follows:
10
Commencing at the northeast corner of said section; thence
11 south 00° 34' 18" west 111.22 feet along the east line of said
section, thence south 72° 47' 00" west 389.27 feet to the
beginning of a tangent curve concave southeasterly, having a
13 radius of 1651.00 feet; thence southwesterly along said curve
339.30 feet through a central angle of 11° 46' 30" to a point of
14 the easterly line of the land conveyed to Marvin and Margaret
Penelope Porter by deed recorded September 3, 1986 as
Document No. 86-385614 of official records, being the south
is 184.47 feet of the east 264.14 feet of the north 5 acres of the
west Vz of the northeast % of the northeast % of said section, a
17 radial line of said curve to said point bears north 28° 59' 30"
west; said point also being the point of beginning of this
18 description; thence continuing southwesterly along said curve
53.61 feet through central angle of 01° 51' 37" to a point on the
northerly line of the south 15.00 acres of the west 1A of said
20 northeast % of the northeast %; thence south 89° 03' 23" east
along said northerly line of 46.21 feet to said easterly line of the
21 land herein described; thence north 00° 32' 47" east along said
easterly line 27.50 feet to the point of beginning of this
22 description;
03 Parcel 3:
24
Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of
25 Carlsbad, County of San Diego, State of California, according
to map thereof No. 14773, filed in the Office of the County
26 Recorder of San Diego County, April 29, 2004, and Certificate
of Correction recorded September 14, 2006 as Instrument No.
2006-0655516 of official records
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("the Property"); and
PCRESONO. 6615 -2-
WHEREAS, said verified application constitutes a request for a General Plan
2 Amendment as shown on Exhibit "GPA 07-05" dated August 5, 2009, attached hereto and on
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file in the Carlsbad Planning Department, TABATA RANCH - GPA 07-05, as provided in
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, Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code;
6 and
7 WHEREAS, the Planning Commission did, on August 5, 2009, hold a duly
o noticed public hearing as prescribed by law to consider said request; and
9 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
14 Commission of the City of Carlsbad, as follows:
15 A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
17 RECOMMENDS APPROVAL of TABATA RANCH - GPA 07-05, based on
the following findings:
18
Findings;
2Q 1. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in
21 the staff report dated August 5,2009 including, but not limited to the following:
22 a. Land Use - The existing General Plan Land Use designation for the site is
Residential Medium Density (RM). The RM designation allows for the
development of single-family, two-family, and/or multiple-family residential
24 dwellings within a density range of 4-8 dwelling units per acre (du/ac) with a
Growth Management Control Point (GMCP) of 6 du/ac. The project site has a
25 net developable area of 2.9 acres. At the RM GMCP, the site would yield 17.4
dwelling units. However, development of the site in a manner that would
accommodate this number of dwelling units would 1) require a significant
27 amount of grading to the site, which would be inconsistent with the City's
Hillside Development Regulations (C.M.C. Chapter 21.95), and 2) would require
28 a higher density residential product type (i.e., attached or multiple-family),
which would not be as compatible with the existing surrounding single-family
homes that are developed at RLM densities (0-4 du/ac) on lots ranging in size
PCRESONO. 6615 -3-
from 10,585 square feet to 30,150 square feet. Therefore, given the topographic
2 constraints of the site combined with the existing surrounding single-family
residential projects that are developed at lower densities, the project applicant is
3 proposing to change the General Plan Land Use designation of the site from RM
to Residential Low-Medium Density (RLM, 0-4 du/ac) and develop the property
with more compatible single-family lots at a similar density as the surrounding
<- single-family development. As such, the resultant project density is 1.7 du/ac,
which is 12.4 dwelling units below the RM GMCP and 6.6 dwelling units below
6 the bottom of the RM density range, but within the RLM density range (0-4
du/ac) and below the RLM GMCP of 3.2 du/ac.
7
Pursuant to Government Code Section 65863, the City may not reduce the
residential density on any parcel below that which was used by the California
o Department of Housing and Community Development in determining
compliance with Housing Element law, unless the City makes the findings that
10 the reduction of residential density is consistent with the adopted General Plan,
including the Housing Element, and that the remaining sites identified in the
Housing Element are adequate to accommodate the City's share of the regional
housing need pursuant to Government Code Section 65584.
13 The GMCP is used for the purpose of calculating the City's compliance with
Government Code Section 65863. However, consistent with Program 3.8 of the
14 City's certified Housing Element, all of the dwelling units, which were
anticipated toward achieving the City's share of the regional housing needs that
are not utilized by developers in approved projects, will be deposited into the
City's Excess Dwelling Unit Bank. This project will deposit 12.4 dwelling units
into the City's Excess Dwelling Unit Bank, and these excess dwelling units will
17 then be available for allocation to other projects. Accordingly, there is no net
loss of residential unit capacity and there are adequate properties identified in
18 the Housing Element allowing residential development with a unit capacity,
including second dwelling units, adequate to satisfy the City's share of the
regional housing need. In addition, both the RLM and RM Land Use
designations have density ranges suitable for housing for above-moderate
income households according to the City of Carlsbad's Housing Element. The
21 proposed project density at 1.7 du/ac is consistent with the proposed RLM (0-4
du/ac) General Plan Land Use designation. While the proposed General Plan
22 Land Use designation change from RM to RLM and the proposed subdivision
will result in 12.4 dwelling units less than that anticipated by the Housing
Element, the City has adequate land available in the above-moderate land use
24 density categories to adequately accommodate the City's share of the regional
housing needs for the above-moderate income group pursuant to Government
25 Code Section 65584.
b. Circulation - All roadways (including curb, gutter, and sidewalk) needed to serve
the development will be dedicated and constructed prior to, or concurrent with,
site development. The proposed circulation system is designed to provide access
28 to each of the proposed lots and complies with all applicable City design
standards.
PCRESONO. 6615 -4-
c. Housing - The project has been conditioned to pay an affordable housing in-lieu
2 fee per lot in order to provide their proportional share of affordable housing.
3 d. Noise - An Acoustical Site Assessment was prepared for the project. According
to the report, the project site is impacted by traffic noise originating from
4 Poinsettia Lane. No exterior mitigation is required since all proposed noise
- sensitive areas will not exceed the residential exterior noise standard threshold
of 60 dB(A) CNEL. However, the project has been conditioned in the form of
5 mitigation measures to require an interior noise analysis prior to the issuance of
building permits for the construction of any future homes on Lots 3, 4, & 5 to
7 ensure compliance with the interior noise standard of 45 dB(A) CNEL.
8 2. The Planning Commission of the City of Carlsbad does hereby find:
9 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
10 Mitigation Monitoring and Reporting Program and Addendum for
TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-
11 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this
project and any comments thereon prior to RECOMMENDING APPROVAL of
the project; and
13 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
14 Program and Addendum have been prepared in accordance with requirements
of the California Environmental Quality Act, the State Guidelines and the
15 Environmental Protection Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of
17 Carlsbad; and
18 d. based on the EIA and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment.
?f) 3. 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
21 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
22
Conditions:23
24 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
25 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
26 future building permits; deny, revoke, or further condition all certificates of occupancy
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
2g 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 General Plan Amendment.
PCRESONO. 6615 -5-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 and modifications to the General Plan Amendment documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
3 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
4
_ 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.
6 '
4. If any conditions for construction of any public improvements or facilities, or the
7 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
o invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
10
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
11 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
13 or indirectly, from (a) City's approval and issuance of this General Plan Amendment,
(b) City's approval or issuance of any permit or action, whether discretionary or
14 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
15 including without limitation, any and all liabilities arising from the emission by the
t, 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
17 approval is not validated.
18 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and Addendum, ZC 06-04, SP
203(C), and LCPA 06-03 and is subject to all conditions contained in Planning
20 Commission Resolutions No. 6614, 6616, 6617, and 6618 for those other approvals
incorporated herein by reference.
21
7. Developer shall implement, or cause the implementation of, the TABATA RANCH -
22 GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05
Project Mitigation Monitoring and Reporting Program.
24 NOTICE
oc Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
2/: reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
27
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
28 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
PCRESONO. 6615 -6-
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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 August 5, 2009, by the following vote,
to wit:
AYES: Commissioners Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
NOES:
ABSENT: Commissioner Baker
ABSTAIN:
J. MONTGOMERY,
CARLSBAD PLANNING COMMl
ATTEST:
icrson
ON
V^y Vvx"-*—-I
DON N^U Vl
Planning Director
PCRESONO. 6615 -7-
Exhibit "GPA 07-05"
August 5, 2009
GPA 07-05 Tabata Ranch
EXISTING
PROPOSED
Related Case File No(s): ZC 06-04 / SP 203(C) /
LCPA 06-03 / CT 06-15 / CDP 06-22 / HDP 06-05
General Plan Land Use Designation Changes
Property
A.
B.
C.
214-630-20
214-631-20
214-631-21
From:
RM
RM
RM
To:
RLM
RLM
RLM