HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59431
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PLANNING COMMISSION RESOLUTION NO. 5943
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT FOR THE SUBDIVISION AND
GRADING OF 1.9 ACRES INTO FOUR LOTS ON THE
NORTHWEST CORNER OF EL CAMINO REAL AND
CRESTVIEW DWE WITHIN THE CITY’S COASTAL ZONE
AND IN LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: EUCALYPTUS SUBDIVISION
CASE NO: SUP 04-09
WHEREAS, Family Real Estate Enterprises, LLC , “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property, described as
That portion of Lot I of the Rancho Agua Hedionda, in the
County of San Diego, State of California, according to
partition map thereof No. 823, filed in the office of the County
Recorder of San Diego County, November 16,1896. AI” 208-
040-05-00
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Scenic Corridor
Special Use Permit as shown on Exhibits “A” - “E” dated August 3, 2005, on file in the
Planning Department EUCALYPTUS SUBDIVISION - SUP 04-09, as provided by Chapter
2 1.40 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of August, 2005 hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public 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 Scenic Corridor Special Use Permit.
NOW, THEREFORE, BE I“ HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) 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
APPROVES EUCALYPTUS SUBDIVISION - SUP 04-09, based on the
following findings and subject to the following conditions:
Findinm :
1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
the project complies with the provisions of the El Camino Real Corridor
Development Standards and that the proposed residential subdivision will maintain
the rural character and that the buildings provide adequate setbacks from El
Camino Real. The project does not obscure scenic views or impair traffic safety
along El Camino Real as the existing road cut does not afford any scenic views and
the project provides adequate vehicle sight distance.
2. The proposed project implements the goals and objectives of the General Plan in that the
property is proposed to be developed with residential uses which is consistent with
the Residential Low-Medium land use designation.
3. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
4. ’ 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:
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
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 Special Use Permit.
2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3. 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.
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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
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5.
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 Special Use 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.
6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, CDP 04-34, HDP 04-08 and MS
04-18 and is subject to all conditions contained in Planning Commission Resolutions No.
5942,5944, and 5945 for those other approvals incorporated herein by reference.
7. This approval shall become null and void if grading permits are not issued for this project
within 24 months fiom the date of project approval.
8. Developer shall construct and install all landscaping as shown on the approved
Conceptual Landscape Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
9. 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 Special
Use Permit, Coastal Development Permit and Hillside Development Permit by
Resolutions No. 5943, 5944 and 5945 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.
10. Prior to the recordation of the first final parcel map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and City Attorney (see Noise Form
#1 on file in the Planning Department).
...
PC RES0 NO. 5943 -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 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 3rd day of August, 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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