HomeMy WebLinkAbout2005-03-02; Planning Commission; Resolution 58451
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PLANNING COMMISSION RESOLUTION NO. 5845
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON A 15.8 ACRE SITE
LOCATED AT THE SOUTHEAST CORNER OF RANCHO
SANTA FE ROAD AND SAN ELIJO ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 1 1.
CASENAME: VILLAGES OF LA COSTA - OAKS
NEIGHBORHOOD 3.6 AFFORDABLE SITE
CASE NO: HDP 04- 10
WHEREAS, CIC La Costa L.P., “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, “Owner,” described as
La Costa Oaks North, being a subdivision of portions of parcel
map 10179, filed in the office of the County Recorder of San
Diego County June 17,1980 as file No. 80-204502, and Sections
29,30 and 32 Township 12 South Range 3 West, all in the City
of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “YC‘ dated March 2, 2005, on file in the
Carlsbad Planning Department, VILLAGES OF LA COSTA - OAKS NEIGHBORHOOD
3.6 AFFORDABLE SITE - HDP 04-10, as provided by Chapter 21.95 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 2nd day of March 2005,
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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
NEIGHBORHOOD 3.6 AFFORDABLE SITE - HDP 04-10 based on the
following findings and subject to the following conditions:
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA - OAKS
Findinm:
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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 will be a balanced site with a
total grading quantity of 5,170 cubic yards per acre, and that the project is proposed
with pads that step with the existing topography of the property from the south to
the north.
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 grading proposed is within the existing areas of disturbance established by
the previously authorized mass grading of the site.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the project is designed as stepped
pads achieved by cutting into the high side of the slope and filling over the low side
of the slope.
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 issuance of a
grading 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; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
PC RES0 NO. 5845 -2-
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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.
DevelopedOperator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, fkom 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 the Planning Department a reproducible 24” x 36” mylar
copy of the Hillside Development Permit Site Plan reflecting the conditions approved
by the final decision making body.
This approval is granted subject to the approval of SDP 04-13 and is subject to all
conditions contained in Planning Commission Resolution No. 5844 for that other
approval incorporated herein by reference.
PC RES0 NO. 5845 -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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of March 2005, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
Commissioner Whitton
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
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