HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50221
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PLANNING COMMISSION RESOLUTION NO. 5022
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON
PROPERTY GENERALLY LOCATED NORTH AND EAST OF
LA COSTA AVENUE, SOUTH OF ALGA ROAD, EAST OF EL
FUERTE STREET AND STRADDLING PORTIONS OF
RANCH0 SANTA FE ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
CASE NAME: VILLAGES OF LA COSTA - THE RIDGE &
THE OARS
CASE NO: HDP 99-02
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 99-04 - A”, attached to Planning
Commission Resolution No. 5020, hereby incorporated by
reference
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibit(s) “FFF” - ‘%XxX” dated August 29, 2001, on file
in the Carlsbad Planning Department, VILLAGES OF LA COSTA - THE GREENS - HDP
99-02, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Pktnning 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:
4 That the foregoing recitations are true and correct,
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGE OF LA COSTA - THE RIDGE
& THE OARS - HDP 99-02 based on the following findings and subject to the
following conditions:
~ Findinps:
I 1. That hillside conditions have been properly identified on the constraints map which show
I 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 set back from
the top of manufactured slopes.
6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that approximately 187.4 acres of The Ridge and The Oaks are comprised of natural
slopes having gradients above 40 percent. Grading proposed on the master
tentative map will encroach into 10.1 acres of natural slopes having gradients above
40 percent. Of these 10.1 acres, 8.6 acres would be impacted by development and
1.5 acres would be impacted by 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) particularly that they do not
comprise a prominent landform feature.
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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. Suficial 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 Ranch0 Santa Fe Road, a prime arterial roadway, crosses 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 11 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 Encinitas Union, San
Dieguito Union High School 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 11.
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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 11 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 99-02).
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.
5. 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,
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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 11 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, LF’MP 11, PUD 01-09, CT 99-04 and SUP 01-03 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. 5022 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.
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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 Carlsbad, 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:
QQ
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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