HomeMy WebLinkAbout2005-08-17; Planning Commission; Resolution 59551
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PLANNING COMMISSION RESOLUTION NO. 5955
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON
PROPERTY GENERALLY LOCATED SOUTHEAST OF
RANCHO SANTA FE ROAD ALONG THE CITY’S EASTERN
BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE
11.
CASE NAME: SKELLEY PROPERTY
CASE NO: HDP 02-08
WHEREAS, Fair Oaks Valley, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
That portion of the east half of Lot 6 of Rancho Las Encinitas,
in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 848, filed in the
Office of the County Recorder of San Diego County, June 27,
1898. (APN 223-061-01-00 and 223-061-02-00)
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “Z” dated August 17, 2005, on file in the
Carlsbad Planning Department, SHELLEY PROPERTY - HDP 02-08, as provided by Chapter
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of August 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:
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
based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of SHELLEY PROPERTY - HDP 02-08,
FindinPs:
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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 2 1.95, in that the development conforms to the slope of
the land, grading has been minimized and the project is designed in an
environmentally sensitive manner to preserve wildlife habitats and an HMP habitat
preserve area.
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 steep slopes will not be impacted by the project.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that slope heights, which are less than
40 feet in height, will be screened by landscaping and future single family homes
will adhere to slope edge setbacks.
That the project design and lot configuration minimizes disturbance of hillside lands, in
that the project avoids steep slopes and adheres to the existing grades to the greatest
extent possible so that grading quantities are well within the acceptable range.
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:
Unless otherwise specified herein, all conditions shall be satisfied prior to approval of final
map or issuance of 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 modi@ 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. 5955 -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.
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 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.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 03-11, ZC 03-09, CT 02-
17, and HMPP 05-04 and is subject to all conditions contained in Planning Commission
Resolutions No. 5951,5952,5953,5954 and 5956 for those other approvals.
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
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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, held on the 17th day of August 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman,
Montgomery, and Whitton
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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