HomeMy WebLinkAbout2009-08-05; Planning Commission; Resolution 66171 PLANNING COMMISSION RESOLUTION NO. 6617
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 203(C)
4 TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FROM RESIDENTIAL MEDIUM DENSITY
(RM) TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM) ON
6 A 2.9 ACRE SITE WITHIN PLANNING AREA "D" OF THE
ZONE 20 SPECIFIC PLAN AND GENERALLY LOCATED ON
7 THE 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.: SP 2Q3(O
11
WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified
j 3 application with the City of Carlsbad regarding property described as:
14 Parcel 1A:
15 That portion of the east 264.14 feet of the west Vz of the
jg 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 Vz;
19 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
Vz of the northeast % of the northeast 1A 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 Vz lying
northerly of the northerly line of the southerly 15.00 acres of
28 said west Vz;
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
4 Bernardino Meridian, in the County of San Diego, State of
r California, according to the official plat thereof, lying
northerly of the northerly line of the southerly 15 acres of said
6 west VS;
7 Excepting therefrom;
o That portion of Section 28, Township 12 south, Range 4 west,
o 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
15 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 1A 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
IS 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;
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
2" Recorder of San Diego County, April 29, 2004, and Certificate
27 of Correction recorded September 14, 2006 as Instrument No.
2006-0655516 of official records
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("the Property"); and
PCRESONO. 6617 -2-
WHEREAS, said verified application constitutes a request for a Specific Plan
2
Amendment on file in the Carlsbad Planning Department, TABATA RANCH - SP 203(C) as
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provided by SP 203(A) and Government Code Section 65453; and4
5 WHEREAS, the proposed TABATA RANCH - SP 203(C) is set forth and
6 attached in the draft City Council Ordinance, Exhibit "Y" dated, August 5, 2009, and attached
7 hereto; and
8 WHEREAS, the Planning Commission did, on August 5, 2009, hold a duly
9 noticed public hearing as prescribed by law to consider said request; and
10
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
13 relating to the Specific Plan Amendment.
14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
15 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
17
B) That based on the evidence presented at the public hearing, the Commission
18 RECOMMENDS APPROVAL of TABATA RANCH - SP 203(C) based on
the following findings and subject to the following conditions:
20 Findings;
21 1. The proposed development as described by Specific Plan Amendment (SP 203(C)) is
consistent with the provisions of the General Plan in that the General Plan Land Use
22 designation for the 2.9 acre project site within a portion of Planning Area D of the
~- Zone 20 Specific Plan is amended to be consistent with the proposed amended
General Plan Land Use designation of Residential Low-Medium Density (RLM, 0-4
24 du/ac), and is consistent with General Plan Residential Implementing Policies and
Action Programs C.14 in that the amendment ensures that hillside development is
25 designed to preserve the visual quality of the pre-existing topography.
^/-
2. The proposed Specific Plan Amendment would not be detrimental to the public interest,
27 health, safety, convenience, or welfare of the City in that the project, as identified in the
Mitigated Negative Declaration, will not cause any significant impacts to the public,
28 health, safety, and welfare, and furthermore the proposed land use change to lower
density residential on a topographically constrained property within Planning Area
D of the Specific Plan still allows for the development of the constrained property
PCRESONO. 6617 -3-
with single-family dwellings on lots that are comparable in size to the existing
2 surrounding development and all required development standards and applicable
design criteria required by the City of Carlsbad's Zoning Ordinance and the Zone
3 20 Specific Plan are incorporated into the project.
4 3. All necessary public facilities can be provided concurrent with need, and adequate
, provisions have been provided to implement those portions of the capital improvement
program applicable to the subject property in that the affects of the proposed land use
6 change to lower density residential on a topographically constrained property
within Planning Area D of the Specific Plan results in less demand for public
7 facilities then were originally anticipated by the Specific Plan; and furthermore the
project is served by existing streets (Lemon Leaf Drive and Lonicera Street), which
operate at acceptable levels of service, and all other public facilities and
o infrastructure improvements are in place or are conditioned to be implemented
concurrent with the development of the site consistent with the Zone 20 Local
10 Facilities Management Plan (LFMP).
11 4. The area surrounding the development is or can be planned and zoned in coordination
and substantial compatibility with the development in that the surrounding property is
already developed with single-family residential uses.
13
5. Appropriate measures are proposed to mitigate any adverse environmental impact as
14 noted in the adopted Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program and Addendum for the project.
,,- 6. The Planning Commission of the City of Carlsbad does hereby find:
17 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for
18 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
19 project and any comments thereon prior to RECOMMENDING APPROVAL of
2Q the project; and
21 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and Addendum have been prepared in accordance with requirements
22 of the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
24 c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
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d. based on the EIA and comments thereon, there is no substantial evidence the
2" project will have a significant effect on the environment.
27 7. The Planning Commission has reviewed each of the exactions imposed on the Developer
28 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.
PCRESONO. 6617 -4-
Conditions;
2 If any of the following conditions fail to occur, or if they are, by their terms, to be
3 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
<- 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
6 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
7 or a successor in interest by the City's approval of this Specific Plan Amendment.
o Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Specific Plan Amendment document(s) necessary to make
them internally consistent and in conformity with final action on the project.
10 Development shall occur substantially as shown in the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
11
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.
13 4. If any condition for construction of any public improvements or facilities, or the payment
14 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
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
17
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
18 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
20 or indirectly, from (a) City's approval and issuance of this Specific Plan Amendment,
(b) City's approval or issuance of any permit or action, whether discretionary or
21 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
22 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
24 approval is not validated.
25 6. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
2" that Plan prior to the issuance of building permits.
27 7. Prior to the issuance of any permits for the project, the applicant shall submit to the
28 Planning Director a digital copy and a camera-ready master copy of the Zone 20
Specific Plan SP 203(C), in addition to the required number of bound copies.
PCRESONO. 6617 -5-
0 This approval is granted subject to the approval of the Mitigated Negative Declaration
2 and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05,
ZC 06-04, and LCPA 06-03 and is subject to all conditions contained in Planning
3 Commission Resolutions No. 6614, 6615, 6616, and 6618 for those other approvals
incorporated herein by reference.
4
, 9. Developer shall implement, or cause the implementation of, the TAB ATA RANCH -
GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05
6 Project Mitigation Monitoring and Reporting Program.
7 NOTICE
8 Please take NOTICE that approval of your project includes the "imposition" of fees,
9 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
10
. 1 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
12 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
13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.14 F
, c- 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,
16 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
17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PCRESONO. 6617 -6-
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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:
NOES:
Commissioners Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
ABSENT: Commissioner Baker
ABSTAIN:
MAKTECPfc. MONTGOMERY, CJi^erson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU/ '
Planning Director
PCRESONO. 6617 -7-
Exhibit "Y"
August 5, 2009
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO
3 THE ZONE 20 SPECIFIC PLAN (SP 203(C)) TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FROM
4 RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL LOW-
MEDIUM DENSITY (RLM) ON A 2.9 ACRE SITE WITHIN
5 PLANNING AREA "D" OF THE ZONE 20 SPECIFIC PLAN AND
GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA
6 LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF
DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL
7 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT
ZONE 20.
8 CASE NAME: TABATA RANCH
CASE NO.: SP 203(C)
9
The City Council of the City of Carlsbad, California, does ordain as follows:
10
WHEREAS, the Zone 20 Specific Plan was originally adopted by City Council
Ordinance No. NS-257 on December 14, 1993 and has since been amended (SP 203(A)) and
12
contains the uses, development standards and design guidelines for the development of the
subject property; and14
WHEREAS, the City Council of the City of Carlsbad has reviewed and
considered a Specific Plan Amendment (SP 203(C)) for the Zone 20 Specific Plan; and16
WHEREAS, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said Specific Plan Amendment (SP
1 o
203(C)) be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
~. follows:
SECTION 1: That Specific Plan (SP 203(C)), on file in the Planning Department,
and incorporated herein by reference, is adopted. The Zone 20 Specific Plan (SP 203(C)) shall
constitute the development plan for the property and all development within the plan area shall
conform to the plan.
SECTION 2: That the Zone 20 Specific Plan (SP 203), as amended to date, and
27 further amended by Specific Plan Amendment 203(C), dated August 5, 2009, is approved.
28 ///
1 SECTION 3: That Specific Plan Amendment (SP 203(C)) replaces Exhibit 3 -
2 General Plan on Pg. 7 and text on Pg. 115 in the Zone 20 Specific Plan, as shown on Exhibits
3 "SP 203(C)" attached.
4 SECTION 4: That the findings and conditions of the Planning Commission in
5 Planning Commission Resolution No. 6617 shall constitute the findings and conditions of the
6 City Council.
7 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
8 adoption, but not until Local Coastal Program Amendment LCPA 06-03 is approved by the
9 California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance
10 and cause it to be published at least once in a publication of general circulation in the City of
11 Carlsbad within fifteen days after its adoption.
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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:
8 ABSTAIN:
9
10 APPROVED AS TO FORM AND LEGALITY
11
12 RONALD R. BALL, City Attorney
13
14
CLAUDE A. LEWIS, Mayor
16 ATTEST:
17
18 LORRAINE M. WOOD, City Clerk
19 (SEAL)
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-3-
Exhibit "SP 203(C)"
August 5, 2009
Legend
Residsntial Low Density
(0-l.5du/ac)
Residential Low-Medium Density
(0-4duAic)
Residential Medium Density
Planned Industrial
Open Space
Proposed School
3aun»: (Hc<M Contour)
FAR P«t 190 Mp«nPr«pw«> lor: SM Dl*g0 C«unty
Pr»pw*d by. KPIIC, P*ti U«nMek (U«y. 1990)
City Of Certsbad, ZONE 20
• Exhibit 3
'GBWBBAL'p"iLAN
SPECIFY PLAN
Exhibit "SP 203(C)"
August 5, 2009
intersection. Although below the City's intersection spacing standards, this
location is fixed by the existing intersection of Poinsettia Lane and Snapdragon
Drive. This is "T" intersection providing access only to the properties to the south
of Poinsettia. Properties on the north side of Poinsettia will be accessed through
street connections off of the extension of Camino de las Ondas. This arrangement
will eliminate major grading and slope construction for property which can
logically be served by alternate routes.
Planning Area D is surrounded on two sides by existing residential development.
There are attached multi-family developments to the west and detached single
family dwellings to the south. Future development within Planning Area D
should be planned to be compatible with these surrounding land uses.
Planning Area D is composed of the following eleven parcels:
Planning Area D Ownership
Owner
Engler
Engler
Mendivil
Tabata
Tabata
Tabata
Thompson
Thompson
Weidner
APN
214-170-58
214-170-59
214-170-73
214-170-72
214-170-74
214-170-54
214-140-75
214-170-47
214-170-46
Acreage
2.16
1.65
7.13
1.10
21.22
1.30
7.50
5.00
5.40
Current
Land Use
Vacant
Vacant
Vacant
Vacant
Agric.
SFR
Vacant
Greenhouse
SFR
General Plan
Designation
RM
RM
RM
RM
RLM
RLM
RM/RLM
RM/RLM
RM/RLM
2. Land Use Designations
a. General Plan
Planning Area D is composed of two General Plan Land Use
Designations: RLM (Residential Low-Medium Density, 0-4 du/acre) on
the east side of the Planning Area and RM (Residential Medium Density,
4-8 du/acre) on the west side. The ridge linej which generally follows
property linesj serves as the dividing line for land use designations with the
exception of a 2.9 acre area generally located north of Poinsettia Lane
and west of the ridge, which shall have a General Plan Land Use
designation of RLM where topographic constraints justify development
at a lower density (see Exhibit 3 - General Plan, Page 7).
May 1993 115 Zone 20 Specific Plan