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-