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HomeMy WebLinkAbout2009-08-05; Planning Commission; Resolution 66211 PLANNING COMMISSION RESOLUTION NO. 6621 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO ALLOW FOR THE 4 DEMOLITION OF AN EXISTING SINGLE-FAMILY HOME, , AND FOR THE SUBDIVISION AND GRADING OF A 2.9-ACRE SITE INTO EIGHT LOTS (5 RESIDENTIAL AND 3 6 OPEN SPACE LOTS) ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA LANE AT 7 THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL 8 COASTAL PROGRAM AND LOCAL FACILITIES 9 MANAGEMENT ZONE 20. CASE NAME: TABATA RANCH 10 CASE NO: HDP 06-05 11 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified 12 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 % of Section 28, Township 12 , s south, Range 4 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to 17 official plat thereof, lying northerly of the north line of the south 15 acres of said west Vz; 18 Excepting from the above east 264.14 feet of said land, the 19 south 184.47 feet thereof; 20 Also excepting the east 28.00 feet and the north 30.00 feet 21 thereof; 22 Parcel IB: The northerly 30.00 feet of the easterly 264.14 feet of the west 24 1A of the northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and 25 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 1A lying 27 northerly of the northerly line of the southerly 15.00 acres of 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 c 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 12 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 */2 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; 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 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; 28 ("the Property"); and PCRESONO. 6621 -2- WHEREAS, said verified application constitutes a request for a Hillside 2 Development Permit as shown on Exhibits "A" - "I" dated August 5, 2009, on file in the 3 Carlsbad Planning Department, TABATA RANCH - HDP 06-05, as provided by Chapter 21.95 4 - of the Carlsbad Municipal Code; and 6 WHEREAS, the Planning Commission did on August 5, 2009, consider said 7 request; and o WHEREAS, at said hearing, upon hearing and considering all testimony and 9 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 10 relating to the Hillside Development Permit. 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 13 Commission as follows: 14 A) That the foregoing recitations are true and correct. 15 B) That based on the evidence presented at the public hearing, the Commission APPROVES TABATA RANCH - HDP 06-05 based on the following findings and subject to the following conditions: 17 Findings: 18 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 20 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly 21 identified on the constraints map. 22 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the proposed development follows the existing topography, does not propose any manufactured slopes exceeding 40 feet in 24 height, and minimizes the amount of grading to a "potentially acceptable" level. The Developer has submitted adequate findings to justify the reasons for the 25 amount of grading in that the primary reason for the proposed grading volumes in excess of the "acceptable" range (0 - 7,999 CY/AC) is because of the site's significant topographic constraints (i.e., an average slope gradient of 21% and a 27 grade change of 55 feet across the site from east to west) and the fact that the existing points of access (i.e. Lemon Leaf Drive (305 feet AMSL) and Lonicera 28 Street (250 feet AMSL)) are located at these extreme elevation differentials. PCRESONO. 6621 -3- 4. That the proposed development or grading will not occur in the undevelopable portions 2 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the site does not contain any beaches, permanent bodies of water, floodways, 3 natural slopes with an inclination of greater than 40 percent, significant wetlands, significant riparian or woodland habitats, major power transmission easements, or 4 railroad track beds. 5. That the project design substantially conforms to the intent of the concepts illustrated in 5 the Hillside Development Guidelines Manual, in that the grading design minimizes the amount of grading to a "potentially acceptable" level; pad grades have been 7 designed to step and follow the dominant slope of the land; and all manufactured slopes will be landscaped and screened in accordance with the Hillside Development and Design Guidelines Exhibits 13 and 14 and also the City of Carlsbad's o Landscape Manual. 10 6. The Planning Commission of the City of Carlsbad does hereby find: 11 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for 12 TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06- 13 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of 14 the project; and 15 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 17 Environmental Protection Procedures of the City of Carlsbad; and 18 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 19 ~~ d. based on the El A and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 21 7. The Planning Commission has reviewed each of the exactions imposed on the Developer 22 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. 24 Conditions: 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 26 grading permit or recordation of a final map, whichever occurs first. 27 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2g 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 PCRESONO. 6621 -4- future building permits; deny, revoke, or further condition all certificates of occupancy 2 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 3 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 Hillside Development Permit.4 - 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make 5 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 7 development, different from this approval, shall require an amendment to this approval. o 3. Developer shall comply with all applicable provisions of federal, state, and local laws and o regulations in effect at the time of building permit issuance. 10 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 11 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 13 with all requirements of law. 14 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 1 -> representatives, from and against any and all liabilities, losses, damages, demands, claims , f 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 Hillside Development 17 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 18 (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 2Q survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 21 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 22 and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05, ZC 06-04, SP 203(C), LCPA 06-03, CT 06-15, and CDP 06-22 and is subject to all conditions contained in Planning Commission Resolutions No. 6614, 6615, 6616, 6617, 24 6618, 6619, and 6620 for those other approvals incorporated herein by reference. 25 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. 27 8. Developer shall submit to the City a Notice of Restriction executed by the owner of the 28 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Hillside PCRESONO. 6621 -5- Development Permit by Resolution No. 6621 on the property. Said Notice of 2 Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions 3 specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates 4 said notice upon a showing of good cause by the Developer or successor in interest. 9. This approval shall become null and void if grading permits are not issued for this 6 project within 36 months from the date of project approval. 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. i <- 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. 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6621 -6- 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 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: J. MONTG^iMLbKY, Lgysrperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU v Planning Director PCRESONO. 6621 -7-