HomeMy WebLinkAbout2009-08-05; Planning Commission; Resolution 66161 PLANNING COMMISSION RESOLUTION NO. 6616
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM RESIDENTIAL
4 DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT
OVERLAY (RD-M-Q) AND LIMITED CONTROL (L-C) TO
ONE-FAMILY RESIDENTIAL (R-l) ON A 2.9 ACRE SITE
6 GENERALLY LOCATED ON THE NORTH SIDE OF
POINSETTIA LANE AT THE WESTERNMOST TERMINUS
7 OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT
OF THE LOCAL COASTAL PROGRAM AND LOCAL
8 FACILITIES MANAGEMENT ZONE 20.
9 CASE NAME: TABATA RANCH
CASE NO: ZC 06-04
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WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified
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application with the City of Carlsbad regarding property described as:
13 Parcel 1A:
14 That portion of the east 264.14 feet of the west 1A of the
northeast % of the northeast 1A of Section 28, Township, 12
south, Range 4 west, San Bernardino Base and Meridian, in
I/- the County of San Diego, State of California, according to
official plat thereof, lying northerly of the north line of the
17 south 15 acres of said west 1A,\
18 Excepting from the above east 264.14 feet of said land, the
south 184.47 feet thereof;
2Q Also excepting the east 28.00 feet and the north 30.00 feet
thereof;
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Parcel IB:
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_, The northerly 30.00 feet of the easterly 264.14 feet of the west
l/2 of the northeast % of the northeast % of Section 28,
24 Township 12 south, Range 4 west, San Bernardino Base and
Meridian, in the County of San Diego, State of California,
25 according to United States Government Survey, together with
that portion of the easterly 28.00 feet of said west 1A lying
2" northerly of the northerly line of the southerly 15.00 acres of
27 said west 1A;
28 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
5 west 1A;
7 Excepting therefrom:
o That portion of Section 28, Township 12 south, Range 4 west,
n San Bernardino Meridian, in the City of Carlsbad, County of
San Diego, California, described as follows:
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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
184.47 feet of the east 264.14 feet of the north 5 acres of the
west Vi 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
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 V* of said
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;
23 Parcel 3:
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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. 6616 -2-
WHEREAS, said application constitutes a request for a Zone Change as shown
2 on Exhibit "ZC 06-04" dated August 5, 2009, attached hereto and on file in the Planning
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Department, TABATA RANCH - ZC 06-04, as provided by Chapter 21.52 of the Carlsbad
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_ Municipal Code; and
5 WHEREAS, the proposed Zone Change is set forth in the draft City Council
7 Ordinance, Exhibit "X" dated, August 5, 2009, and attached hereto TABATA RANCH - ZC
8 06-04; and
9 WHEREAS, the Planning Commission did on August 5, 2009, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
13 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
14 relating to the Zone Change.
15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
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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
19 RECOMMENDS APPROVAL of TABATA RANCH - ZC 06-04, based on
2Q the following findings:
21 Findings:
22 1. That the proposed Zone Change from Residential Density-Multiple with a Qualified
Development Overlay (RD-M-Q) and Limited Control (L-C) to One-Family
Residential (R-l) is consistent with the goals and policies of the various elements of the
24 General Plan, in that the R-l zoning designation replaces the L-C Zone (which is
intended to be an interim zoning designation) and the RD-M-Q Zone, and
25 implements the proposed Residential Low-Medium Density (RLM, 0-4 du/ac)
General Plan designation and the proposed amended Zone 20 Specific Plan (SP
26 203(C)).
27 2. That the Zone Change will provide consistency between the General Plan and Zoning as
28 mandated by California state law and the City of Carlsbad General Plan Land Use
Element, in that the zone designation shown on Exhibit "ZC 06-04" attached hereto,
PCRESONO. 6616 -3-
implements the proposed Residential Low-Medium Density (RLM, 0-4 du/ac)
2 General Plan designation.
3 3. That the Zone Change is consistent with the public convenience, necessity, and general
welfare, and is consistent with sound planning principles in that the residential use
allowed by the proposed zone change is compatible with the adjacent residential
<- uses.
5 4. The Planning Commission of the City of Carlsbad does hereby find:
7 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for
8 TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-
15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this
project and any comments thereon prior to RECOMMENDING APPROVAL of
10 the project; and
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and Addendum have been prepared in accordance with requirements
of the California Environmental Quality Act, the State Guidelines and the
13 Environmental Protection Procedures of the City of Carlsbad; and
14 c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
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,s d. based on the EIA and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment.
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5. The Planning Commission has reviewed each of the exactions imposed on the Developer
18 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
degree of the exaction is in rough proportionality to the impact caused by the project.
20 Conditions;
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If any of the following conditions fail to occur, or if they are, by their terms, to be
22 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
revoke or modify all approvals herein granted; deny or further condition issuance of all
24 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
25 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 Zone Change.
27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
28 and modifications to the Zone Change documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
PCRESONO. 6616 -4-
occur substantially as shown on the approved Exhibits. Any proposed development,
2 different from this approval, shall require an amendment to this approval.
3 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.
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- 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
6 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
7 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.8
5. 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
10 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 Zone Change, (b) City's
approval or issuance of any permit or action, whether discretionary or nondiscretionary,
in connection with the use contemplated herein, and (c) Developer/Operator's installation
13 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
14 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.
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,,- 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05, SP
17 203(C), and LCPA 06-03 and is subject to all conditions contained in Planning
Commission Resolutions No. 6614, 6615, 6617, and 6618 for those other approvals
18 incorporated herein by reference.
19 7. Developer shall implement, or cause the implementation of, the TAB ATA RANCH -
20 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.
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PCRESONO. 6616 -5-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, held on August 5, 2009, by the following vote, to wit:
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AYES: Commissioners Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
5 NOES:
6
ABSENT: Commissioner Baker
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ABSTAIN:8
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MARTELL B. MONTGOMERY JIMIrperson
CARLSBAD PLANNING COMMBSION
13 ATTEST:
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is
D0N NET
Planning Director
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PCRESONO. 6616 -6-
Exhibit "X"
August 5, 2009
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE FROM
4 RESIDENTIAL DENSITY-MULTIPLE WITH A QUALIFIED
DEVELOPMENT OVERLAY (RD-M-Q) AND LIMITED CONTROL
5 (L-C) TO ONE-FAMILY RESIDENTIAL (R-1) ON A 2.9 ACRE
SITE GENERALLY LOCATED ON THE NORTH SIDE OF
6 POINSETTIA LANE AT THE WESTERNMOST TERMINUS OF
LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE
7 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 20.
8 CASE NAME: TABATA RANCH
CASE NO.: ZC 06-04
9
The City Council of the City of Carlsbad, California, does hereby resolve as
10 follows:
11 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
12 City's zoning map, is amended as shown on the map marked Exhibit "ZC 06-04," dated August
5, 2009 attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 6616 constitute the findings and conditions of the
16 City Council.
*' EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
1 8 after its adoption but not until Local Coastal Program Amendment LCPA 06-03 is approved by
19 the California Coastal Commission, and the City Clerk shall certify to the adoption of this
70 ordinance and cause it to be published at least once in a publication of general circulation in the
21 City of Carlsbad within fifteen days after its adoption.
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III
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Exhibit "X"
August 5, 2009
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the day of 2009, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carlsbad on the day of 2009, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
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10 CLAUDE A. LEWIS, Mayor
ATTEST:
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14 LORRAINE M. WOOD, City Clerk
15 (SEAL)
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Exhibit "ZC 06-04"
August 5, 2009
ZC 06-04 Tabata Ranch
RQ=M
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EXISTING
PROPOSED
Related Case File No(s): GPA 07-05 / SP 203(C) /
LCPA 06-03 / CT 06-1 5 / CDP 06-22 / HDP 06-05
Zoning Designation Changes
Property
A.
B.
C.
214-630-20
214-631-20
214-631-21
From:
RD-M-Q
L-C
L-C
To:
R-1
R-1
R-1