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HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 49241 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 PLANNING COMMISSION RESOLUTION NO. 4924 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CAMINO VIDA ROBLE JUST WEST OF YARROW DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PACIFIC BELL CASE NO: HDP Ol- 01 WHEREAS, Pacific Bell, “Developer,“/“Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 15 of Carlsbad Tract No. 73-49 (C.C. & F. Palomar Airport Business Park) Unit No. 1 in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 8054 tiled in the office of the Recorder of San Diego County, December 31,1974 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A” - “L” dated February 21, 2001, on tile in the Carlsbad Planning Department, PACIFIC BELL - HDP 00-01, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 21st day of February 2001, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct B) That based on the evidence presented at the public hearing, the Commission APPROVES, PACIFIC BELL - HDP 00-01 based on the following findings and subject to the following conditions: 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 Findings: 1. 2. 3. 4. 5. 6. 7. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages; That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map; That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the project implements the land use and open space/conservation elements of the general plan; the hillside conditions have been properly identified and incorporated into the planning process; the slopes are not located in a highly visible public location; the development of the slopes will not impact any natural resources, wildlife habitat or native vegetation as none exist on the site. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the existing slopes are landscaped manufactured slopes, not natural slopes or areas containing significant habitats. That the projects design substantially conform to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the manufactured slopes are screened from public view by the building. That the proposed modification will result in significantly more open space or undisturbed area than would a strict adherence to the requirements of Section 21.95.120 of the Carlsbad Municipal Code, in that an additional E-foot front yard building setback will be provided which would provide an overall building setback of 65 feet from the property line. That the proposed modification will result in development of a manufactured slope(s) which are more aesthetically pleasing and natural appearing than a strict adherence to the requirements of Section 21.95.120. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Building Permit. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 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; institute and prosecute litigation to compel their compliance with said 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. PC RESO NO. 4924 -2- 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 2. 3. 4. 5. 6. 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 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. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 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. The 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 Hillside Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (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 approval is granted subject to the approval of the Negative Declaration and CUP 154(D) and is subject to all conditions contained in Planning Commission Resolution No. 4922 and 4923 for those other approvals. 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 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 66020(a), and tile 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 fees/exactions 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 fees/exactions of which you have previously been given PC RESO NO. 4924 -3- - a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of February 2001, by the following vote, to wit: AYES: NOES : Chairperson Segall, Commissioners Baker, Compas, Heineman, Nielsen, and Trigas ABSENT: Commissioner L’Heureux ABSTAIN: ATTEST: MICHAEL .I. HaZMkJ?LER Planning Director PC RESO NO. 4924 -4.