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HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 52071 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. 5207 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH CASE NO: HDP 99-06 WHEREAS, Lennar Bressi Ranch Venture, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Parcel “A” of Boundary Adjustment 543, Document No. 1999- 0085753 on file in the Office of the San Diego County Recorder, February 11, 1999; and, Parcel “B” of Boundary Adjustment 543, Document No. 1999-0085753 on file in the Office of the San Diego County Recorder, February 11,1999. (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) “A“ - “HH” dated June 5, 2002, on file in the Carlsbad Planning Department, BRESSI RANCH - HDP 99-06, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of June 2002, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES, BRESSI RANCH HDP - 99-06 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: PC RES0 NO. 5207 1. 2. 3. 4. 5. 6. 7. 8. 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 proposed grading has been designed to relate to the slope of the land since the project has avoided alteration of the site’s significant natural slopes and incorporated them into the open space preserve system, grading has been minimized to the extent possible while working within the other constraints to the project design and proposes grading which includes varying slope heights, terraced pads, and contour grading of slopes which are highly visible from public locations. 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 no residential or habitable development is proposed in areas that are un- developable, 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@) to require preservation or qualify for an exclusion pursuant to Section 21.95.130 in that the slopes are within the area of disturbance required for a Circulation Element Road. 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 tops of manufactured slopes. That the project design and lot configuration minimizes disturbance of hillside lands, in that the majority of the project is proposed in areas that have been previously disturbed by authorized grading. Some areas of hillside which will be disturbed by the project are isolated and not a part of the greater significant slopes. The proposed development substantially follows the hillside pattern of the site. Some areas of steep slope disturbance are required to access flatter portions of the site and to enable the creation of major circulation roadways like Poinsettia Lane and El Fuerte Street. That the site requires extensive grading to accommodate circulation-element roadways, including sections of Poinsettia Lane, Alicante Road, and El Fuerte. 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 -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 that requiring additional contour grading adjacent to open space areas will extend slope heights and impact the open space areas and existing vegetation. Conditions: Note: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit. 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 modifl all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or fbrther 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. 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. 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. Developer/Operator shall and does hereby agree to indemnifl, 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 any 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 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning Director a reproducible 24" x 36", mylar copy of the site plan reflecting the conditions approved by the final decision making body. PC RES0 NO. 5207 -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 7. 8. 9. 10. The grading plan shall be redesigned to a height consistent with the applicable design standard relative to slope height in the Hillside Development Ordinance and/or as modified by the Bressi Ranch Master Plan. All slopes adjacent and/or visible from public rights-of-ways shall be contoured to emulate natural terrain. Approval of Hillside Development Permit HDP 99-06 is subject to the approval of CT 00-06. Prior to the issuance of the grading permit, 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, notifymg all interested parties and successors in interest that the City of Carlsbad has issued a Hillside Development Permit by Resolution(s) No. 5207 on the property. 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 fiom date of final approval to protest imposition of these feedexactions. 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. 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. ... ... ... ... PC RES0 NO. 5207 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of June 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None n CARLSBAD PLANNING COMMISSION PC RES0 NO. 5207 -5-