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HomeMy WebLinkAbout2005-11-02; Planning Commission; Resolution 59861 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5986 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE AND FOR OFFICE BUILDINGS AND 1 FOR OPEN SPACE) AND 8 COMMERCIAL AIRSPACE CONDOMINIUM UNITS LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: CASSIA PROFESSIONAL OFFICES GRADE A 3.31-ACRE PARCEL INTO 3 SEPARATE LOTS (2 CASE NO: HDP 05-02 WHEREAS, Franz-Yut El Camino, A Limited Liability Company, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Bressi Daughters’ Trust U/DR dated November 22,2000, “Owner,” described as A portion of parcel 2 of Parcel Map 1188, recorded December 20, 1972, as File No. 340344, being a portion of fractional Section 23, Township 12 South, Range 4 West, San Bernardino Meridian, being within 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” - “Q” dated November 2, 2005, on file in the Carlsbad Planning Department, CASSIA PROFESSIONAL OFFICES - HDP 05-02, as provided by Chapter 2 1.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 2nd day of November 2005, consider said request; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CASSIA PROFESSIONAL OFFICES - HDP 05-02 based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findinm : 1. 2. 3. 4. 5. 6. 7. 8. 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 hillside conditions are properly identified and are incorporated in the design. The project is designed to relate to the slope of the land and alteration of the natural hillside will be done in an environmentally sensitive manner to preserve habitat areas and reduce erosion. 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 steep slope areas are preserved in open space except for the grading of slopes associated with El Camino Real, a circulation element roadway. 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 by limiting the development of hillside slopes, grading within the acceptable grading quantities, and complying with the slope height restrictions, although not required for nonresidential projects. That the project design and lot configuration minimizes disturbance of hillside lands, in that the developable portion of the project limits the disturbance to hillside slopes by developing on the flat portion of the site. That the site requires extensive grading to accommodate a circulation-element roadway, in that the project is conditioned to provide dedication of property and improvements for the widening of El Camino Real. 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 approval of final map or 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 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 PC RES0 NO. 5986 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 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. 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 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. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-03, ZC 05-01, LFMP 87-10(A), HMPP 05-06, CT 05-06 PUD 05-04, SDP 05-03, CUP 05-01 and SUP 05-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5977, 5978,5979,5980,5981,5982,5983,5984,5985 and 5987 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 PC RES0 NO. 5986 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 feeslexactions 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 2nd day of November 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Whitton NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION AREST: DON NEU Assistant Planning Director PC RES0 NO. 5986 -4-