HomeMy WebLinkAbout2003-10-15; Planning Commission; Resolution 54931
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PLANNING COMMISSION RESOLUTION NO. 5493
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, WEST OF EL CAMINO REAL IN LOCAL, FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: NORTH COUNTY ANIMAL SHELTER
CASE NO: HDP 03-04
WHEREAS, the County of San Diego, “Owner/Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
A portion of Lot G of Rancho Agua Hedionda according to
Map No. 823, filed in the Office of the County Recorder of San
Diego County, State of California on November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “H” - “J” dated October 15, 2003, on file in the
Carlsbad Planning Department, NORTH COUNTY ANIMAL SHELTER - HDP 03-04, as
provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 15th day of October 2003,
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:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES NORTH COUNTY ANIMAL SHELTER - HDP 03-04 based on
the following findings and subject to the following conditions:
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FindinPs :
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That hillside conditions have been properly identified on the constraints map which shoi
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 grading volumes are consistent with the
Hillside Development and no slopes greater than 40 feet in height are proposed, and
the proposed 1,342 cubic yards of grading per acre is within 0-7,999 cubic yards per
acre of grading which is considered acceptable per the Hillside Ordinance.
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 constraints map identifies these steep slope areas which will not be
developed.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that grading will not significantly alter
existing on-site landforms since the property is already graded and/or disturbed;
and development has been designed to be aesthetically visual from Palomar Airport
Road without major site alteration.
That the project design and lot configuration minimizes disturbance of hillside lands, in
that the site is already used for the County Animal Shelter and this project will not
significantly alter the property’s current configuration.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the HDP documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
PC RES0 NO. 5493 -2-
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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 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 obligation survives until
all legal proceedings have been concluded and continues even if the City's approval is not
validated.
Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
Site Plan reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy
This approval is granted subject to the adoption of the Mitigated Negative Declaration
and approval of ZC 03-07 and CUP 03-21 and is subject to all conditions contained in
Planning Commission Resolutions No. 5490, 5491 and 5492 for those other approvals
are incorporated herein by reference
PC RES0 NO. 5493 -3-
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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 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 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 15th day of October 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Montgomery,
NOES: None
Segall, White and Whitton
ABSENT: Commissioner Heineman
.&:; R, Chairperson
@AD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOMILLYR
Planning Director
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