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HomeMy WebLinkAbout2004-03-02; City Council; Resolution 2004-067A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONDITIONALLY GRANTING THE APPEAL OF THE PLANNING COMMISSION DENIAL OF THE KlRGlS TENTATIVE MAP AND RELATED D I S C R ET I 0 NARY P E R M ITS CASE NAME: KlRGlS TENTATIVE MAP CASE NO: PUD 02-02/CDP 02-05/HDP 02-01 GPA 03-01/ZC 03-01/LCPA 03-011CT 02-06/ WHEREAS, the appeal of the Kirgis Tentative Map and related discretionary approvals filed by Brian C. Regan on November 17, 2003 came on regularly for hearing before the City Council on Tuesday, February 3, 2004; and WHEREAS, the appellant had filed a verified application with the City of Carlsbad regarding the property owned by Kirgis 1996 Trust, “owner” described as: All that portion of Lot “F” of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896 (“the Property”); and WHEREAS, said application constitutes a request for a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tract Map, Planned Unit Development, Coastal Development Permit and Hillside Development Permit, on file in the Planning Department, Kirgis Tentative Map; and WHEREAS, the Planning Commission did on the 3rd day of September 2003, on the 17th day of September 2003, and on the gfh day of November 2003 hold duly noticed public hearings as prescribed by law to consider said request; and ... ... 1 4 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 20 WHEREAS, after holding a public hearing as required by law and upon hearing and considering all of the testimony and arguments of all persons desiring to be heard the Commission denied the application finding that: Findings: 1. That the development proposal is not consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the proposed hillside alteration will result in substantial alteration of a natural topography with 61,000 cubic yards of cut and fill, with cuts up to 33 feet and fills up to 26 feet. 2. That the project design does not substantially conform to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the easterly project pads are entirely created by fill, thereby elevating the pad above the existing topographic elevation versus creating pads by averaging both cut and fill to establish a pad elevation that is at the topographic midpoint, and in that the westerly pads are larger than the minimum needed for a reasonable use of the property and thereby creates significantly unnatural development contours. 3. That the project design and lot configuration does not minimize disturbance of hillside lands, in that although no more than 25% of the gross site area is within the limits of hillside alteration, development within the disturbed Brea is greater than necessary for reasonable enjoyment of the property given the natural topography of the site. 4. Until the issues resulting in denial of the Hillside Development Permit are resolved the Commission does not approve or recommend approval of the accompanying discretionary actions; and WHEREAS, an appeal of the Planning Commission’s decision was filed on November 5,2003; and WHEREAS, the Council held a public hearing as required by law to consider the appeal; and WHEREAS, staff reported that Finding No. 1 of Planning Commission Resolution No. 5531 should be amended to reflect the actual hillside alteration of 36,000 cubic yards of cut and fill, 8,700 cubic yards of export, and with cuts up to 33 feet and fills up to 18.5 feet; and 2 Resolution No. 2004-067 page 2 4 WHEREAS, the property owner is currently required by the provisions of the draft Habitat Management Plan and the Local Coastal Program to dedicate 75% of its property to open space and to further require approximately 25% of the remaining developable property to mitigate on-site habitat impacts and to pay a substantial affordable housing fee, among other things, and the property has a maximum potential development of 12 residential units which would be consistent with the adjacent residential development; and WHEREAS, the owner is proposing five units; and WHEREAS, the owner volunteered to restrict the height of the proposed units to single story homes on lots 1, 2 and 3 and two story homes up to a maximum of 30 feet building height on lots 4 and 5, NOW, THEREFORE, the City Council of the City of Carlsbad, California, grants the appeal upon the following conditions: 1. That the above recitations are true and correct. 2. The homes to be located on lots 1, 2 and 3 shall be single story, single family dwellings and the homes on lots 4 and 5 may be two stories but with a maximum building height of 30 feet. 3. Developer shall conform to and abide by the terms and conditions of all related resolutions to effectuate the conditional grant of this appeal which are part of this action and simultaneously adopted herewith. 4. That appellant‘s appeal fees shall be returned NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government 3 Resolution No. 2004-067 page 3 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 Code Section 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 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 4. That the Clerk is directed to give notice to the applicant of this action pursuant to Carlsbad Municipal Code section 1.16.01 0 specifying time limits for judicial review which states: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally ... ... ... ... ... 4 6 Resolution No. 2004-067 page 4 delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 2nd day of March 1 2004 by the following vote, to wit: AYES:council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None z/c/ WOOD, City Clerk (SEAL) 5 Resolution No. 2004-067 page 5