HomeMy WebLinkAbout2005-09-21; Planning Commission; Resolution 59681
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PLANNING COMMISSION RESOLUTION NO. 5968
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO CONSTRUCT A
4,000 SQUARE FOOT COMMERCIAL SHOP BUILDING ON
PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF EL CAMINO REAL AND LA COSTA AVENUE
IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME:
CASE NO: HDP 04- 12
LA COSTA PLAZA - PARCEL 7
WHEREAS, Grant Tucker Properties, a California limited liability company,
“Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property
described as
Lot 7 of Carlsbad Tract Map 97-09, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof no. 14038, filed in the Office of the County Recorder of
San Diego, September 15,2000
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “L” dated September 21, 2005, on file in the
Carlsbad Planning Department, LA COSTA PLAZA - PARCEL 7 - HDP 04-12, as provided
by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 21st day of September 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
APPROVES, LA COSTA PLAZA - PARCEL 7 - HDP 04-12 based on the
following findings and subject to the following conditions:
Findinm:
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That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentage.
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 hillside conditions are properly
identified and are incorporated in the design. The project is designed to minimize
the impact on the existing manufactured slope. The site does not contain any
natural resources, wildlife habitats, or native areas; therefore, no substantial
impacts will occur.
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 project site does not have any undevelopable portions as defined by
Section 21.53.230.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the project complies with the
design standards contained in the manual which include screening of manufactured
slopes.
That the project design and lot configuration minimizes disturbance of hillside lands, in
that the building size and location reduces the encroachment into the existing
manufactured slope to an acceptable amount.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building 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 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 Hillside Development Permit.
PC RES0 NO. 5968 -2-
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2. 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.
3. 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, fiom (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.
4. This approval is granted subject to the approval of SDP 97-07(B) and is subject to all
conditions contained in Planning Commission Resolution No. 5967, for the other
approval incorporated herein by reference.
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 fees/exactions. 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.
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PC RES0 NO. 5968 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of September 2005, by the
following vote, to wit:
AYES: Vice Chairperson Montgomery, Commissioners Baker, Cardosa,
Heineman, and Whitton
NOES:
ABSENT: Chairperson Segall and Commissioner Dominguez
ABSTAIN:
MARTELL B. MOP@GOMER%Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5968 -4-