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HomeMy WebLinkAbout2009-08-05; Planning Commission; Resolution 66181 PLANNING COMMISSION RESOLUTION NO. 6618 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM 4 AMENDMENT TO CHANGE THE LOCAL COASTAL 5 PROGRAM LAND USE DESIGNATION FROM RESIDENTIAL MEDIUM DENSITY (RM, 4-8 DU/AC) TO RESIDENTIAL 6 LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND TO CHANGE THE LOCAL COASTAL PROGRAM ZONING 7 DESIGNATION FROM RESIDENTIAL DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT OVERLAY (RD-M-Q) 8 AND LIMITED CONTROL (L-C) TO ONE-FAMILY 9 RESIDENTIAL (R-l), BRINGING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND 10 ZONING MAP INTO CONFORMANCE ON A 2.9 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF 11 POINSETTIA LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL ! 3 FACILITIES MANAGEMENT ZONE 20. CASE NAME: TABATA RANCH 14 CASE NO: LCPA 06-03 ^ WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 17 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified 18 application for an amendment to the Local Coastal Program designations regarding property 2Q described as: 21 Parcel 1A: 22 That portion of the east 264.14 feet of the west Vz of the 2o northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in 24 the County of San Diego, State of California, according to official plat thereof, lying northerly of the north line of the 25 south 15 acres of said west Vz; 7f\Excepting from the above east 264.14 feet of said land, the 27 south 184.47 feet thereof; 28 Also excepting the east 28.00 feet and the north 30.00 feet thereof; 1 Parcel IB: 2 The northerly 30.00 feet of the easterly 264.14 feet of the west 3 Vz of the northeast % of the northeast % of Section 28, 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 that portion of the easterly 28.00 feet of said west Vz lying 6 northerly of the northerly line of the southerly 15.00 acres of said west %; 7 Excepting from said easterly 28.00 feet, the northerly 30.00 feet and southerly 184.47 feet thereof; 9 Parcel 2: 10 The southerly 184.47 feet of that portion of the easterly 264.14 11 feet of the westerly 1A of the northeast % of the northeast 1A of ._ the Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of 13 California, according to the official plat thereof, lying northerly of the northerly line of the southerly 15 acres of said 14 westVz; Excepting therefrom; That portion of Section 28, Township 12 south, Range 4 west, 17 San Bernardino Meridian, in the City of Carlsbad, County of San Diego, California, described as follows: 18 Commencing at the northeast corner of said section; thence south 00° 34' 18" west 111.22 feet along the east line of said 20 section, thence south 72° 47' 00" west 389.27 feet to the beginning of a tangent curve concave southeasterly, having a 21 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 22 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 24 184.47 feet of the east 264.14 feet of the north 5 acres of the west Vi of the northeast 1A of the northeast 1A of said section, a 25 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 27 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 28 northeast % of the northeast %; thence south 89° 03' 23" east along said northerly line of 46.21 feet to said easterly line of the land herein described; thence north 00° 32' 47" east along said PCRESONO. 6618 -2- easterly line 27.50 feet to the point of beginning of this 2 description; 3 Parcel 3: 4 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of , Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County 6 Recorder of San Diego County, April 29, 2004, and Certificate of Correction recorded September 14, 2006 as Instrument No. 7 2006-0655516 of official records 8 ("the Property"); and 9 WHEREAS, said verified application constitutes a request for a Local Coastal 10 Program Amendment as shown on Exhibit "LCPA 06-03" dated August 5, 2009, attached 11 hereto, as provided in Public Resources Code Section 30514 and Section 13551 of California 13 Code of Regulations Title 14, Division 5.5; and 14 WHEREAS, the Planning Commission did on August 5, 2009, hold a duly 15 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 17 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 18 relating to the Local Coastal Program Amendment; and 2Q WHEREAS, State Coastal Guidelines requires a six-week public review period 21 for any amendment to the Local Coastal Program. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 Commission of the City of Carlsbad, as follows: 24 A) That the foregoing recitations are true and correct. 25 B) At the end of the State-mandated six-week review period, starting on April 10, 26 2009 and ending on May 22, 2009, staff shall present to the City Council a 27 summary of the comments received, if any. 28 C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of TABATA RANCH - LCPA 06-03 based on the following findings, and subject to the following conditions: PCRESONO. 6618 -3- Findings: 2 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is 3 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by 4 this amendment, in that the proposed Local Coastal Program RLM land use designation and R-l zoning designation is consistent with the proposed Residential Low-Medium Density (RLM, 0-4 du/ac) General Plan Land Use designation and the One-Family Residential (R-l) zoning designation; the development does not obstruct public views of the coastline as seen from public lands or rights-of-way; the 7 project has been conditioned to comply with erosion and storm water control measures; no sensitive resources, public access areas or water oriented recreational ° activities exist on or near the site; and the site is located 1.3 miles from the Batiquitos Lagoon and the Pacific Ocean and no coastal access areas or water- oriented recreational activities exist on or near the site; and the project is required 10 to provide drainage and erosion control measures. 11 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the property's Local Coastal Program Land Use and 12 Zoning designations into consistency with the City's General Plan Land Use and Zoning designations. The Planning Commission of the City of Carlsbad does hereby find: 15 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for 16 TAB ATA 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 lg the project; and 19 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements 20 of the California Environmental Quality Act, the State Guidelines and the 2, Environmental Protection Procedures of the City of Carlsbad; and 22 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 23 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 25 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 26 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. 28 PCRESONO. 6618 -4- Conditions: 2 1. 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 Local Coastal Program Amendment.8 o 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Local Coastal Program Amendment documents, as necessary 10 to make them 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. 12 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 13 regulations in effect at the time of building permit issuance. 14 4. If any conditions 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 , s 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 17 with all requirements of law. 18 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 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 Local Coastal Program 21 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 22 (c) Developer/Operator's installation 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 energy waves or emissions. This obligation 24 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 25 This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05, 27 ZC 06-04, and SP 203(C) and is subject to all conditions contained in Planning Commission Resolutions No. 6614, 6615, 6616, and 6617 for those other approvals 28 incorporated herein by reference. PCRESONO. 6618 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Developer shall implement, or cause the implementation of, the TABATA RANCH - 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. PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, 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: MARTYMONTGO CARLSBAD PLANN ATTEST: , ChajWrson COMMSKION "--] ^ DON NEIJ Planning Director PCRESONO. 6618 -6- Exhibit "LCPA 06-03" August 5, 2009 LCPA 06-03 (Land Use)Tabata Ranch EXISTING PROPOSED Related Case File No(s): GPA 07-05 / ZC 06-04 / SP 203(C) / CT 06-15 / CDP 06-22 / HDP 06-05 LCPA 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 Exhibit "LCPA 06-03" August 5, 2009 LCPA 06-03 (Zoning)Tabata Ranch £AFO* L -C-\f J_ EXISTING PROPOSED Related Case File No(s): GPA 07-05 / ZC 06-04 / SP 203(C) / CT 06-15 / CDP 06-22 / HDP 06-05 LCPA 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