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HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50171 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. 5017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED APPROXIMATELY 2,500 FEET SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, NORTH OF ALGA ROAD, AND WEST OF UNICORNIO STREET IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: VILLAGES OF LA COSTA - THE GREENS CASE NO: HDP 99-01 WHEREAS, Morrow Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as See Attachment “CT 99-03 - A”, attached to Planning Commission Resolution No. 5016, hereby incorporated by reference (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) “A” - “EEE “, WUUU”, and “YYYY” dated August 29,2001, on file in the Carlsbad Planning Department, VILLAGES OF LA COSTA - THE GREENS - HDP 99-01, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 29th day of August 2001 and on the 5th day of September 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: 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 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGE OF LA COSTA - THE GREENS - HDP 99-01 based on the following findings and subject to the following conditions: FindinPs: 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages; 2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map; 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that proposed grading has been designed to relate to the slope of the land, grading has been minimized to the extent possible while working with the other constraints to the project design, and contour grading of slopes which are highly visible from public locations is included. 4. 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 impacts to natural slopes with an inclination of greater than 40 percent either do not meet all of the criteria of Section 21.95.120(B) to require preservation or qualify for an exclusion pursuant to Section 21.95.130 in that they are impacts related to a Circulation Element Road. 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that all native, non-excluded slope areas are to remain preserved, contour grading will occur for areas visible from public locations, runoff control will be accomplished as required by the manual through the construction of onsite catchment basins, detention basins, and energy dissipators, and adequate landscaping will be installed to provide screening of graded slopes and to reduce potential erosion. Future homes will be setback from the tops of manufactured slopes. 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that approximately 45.2 acres are comprised of natural slopes having gradients above 40 percent. Grading proposed on the master tentative map will encroach into 17.3 acres of natural slopes having gradients above 40 percent. Of these 17.3 acres, approximately 15.8 acres would be graded for proposed development and 1.5 acres would be graded to accommodate Circulation Element roads. The proposed grading of these areas is permitted as being grading associated with a Circulation Element Road that is a permitted Exclusion per Section 21.95.130 (A)(2) or areas that do not meet all four of the criteria of Section 21.95.120 (B). Many of the areas do not equal the 10,000 square foot minimum and the remainder are slopes that do not comprise a prominent land form feature. PC RESO NO. 5017 -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 7. 8. 9. 10. 11. 12. 13. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading, in that several landslide features are located within the proposed project area. Suriicial soils consisting of landslide debris, alluvium, fill, topsoils and slopewash will require removal and recompaction. . That the site requires extensive grading to accommodate a circulation-element roadway, in that the extension of Poinsettia Lane and Alicante Road go through the project site. That the proposed modification will result in significantly more open space or undisturbed area than would a strict adherence to the requirements of the ordinance, in that requiring additional contour grading adjacent to open space areas will extend slope heights and impact the open space areas and existing vegetation. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and The Villages of La Costa Master Plan based on the facts set forth in the staff report dated August 29,200l and as contained in the Planning Commission Resolution for GPA 98-01 which are incorporated herein by reference. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 10 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified and San Marcos Unified School Districts that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit or be satisfied by the use of existing parkland credits in addition to the dedication of land for the future Alga Norte Park Site. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 10. PC RESO NO. 5017 -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 14. 15. 16. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 10 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone plan. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission has reviewed each of the exactions imposed on the Developer 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. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of a final map or issuance of a grading permit, whichever occurs first. 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 (HDP 99-01). 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 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. 3. 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. 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 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. PC RESO NO. 5017 -4- 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 5. 6. 7. 8. 9. 10. 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. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Hillside Development Permit Exhibits reflecting the conditions approved by the final decision making body. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 10 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of EIR 98-07, GPA 98-01, MP 149(Q), MP 98-01, LFMP 10, CT 99-03, SUP 01-04, and SUP 99-01 and is subject to all conditions contained in the Planning Commission Resolutions for those other approvals. This approval shall become null and void if a final map is not recorded for at least one phase of the project within 24 months from the date of project approval. Prior to the issuance of the grading permit or approval of the final map, Developer shall submit to the City a Notice of Restriction 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(n) Hillside Development Permit by Resolution No. 5017 on the real property owned by the Developer. Said Notice of 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 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 said notice upon a showing of good cause by the Developer or successor in interest. 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 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. PC RESO NO. 5017 -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 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 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 Car&bad, California, held on the 5th day of September 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL J. HOTZMIMER Planning Director PC RESO NO. 5017 -6-