HomeMy WebLinkAbout2006-03-01; Planning Commission; Resolution 60361 PLANNING COMMISSION RESOLUTION NO. 6036
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO GRADE AND
4 SUBDIVIDE A 2.79 ACRE SITE INTO 14 RESIDENTIAL
, LOTS AND 3 OPEN SPACE/RECREATION/PRIVATE
DRIVEWAY LOTS ON PROPERTY GENERALLY LOCATED
6 ON THE WEST SIDE OF DONNA DRIVE AND NORTH OF
CARLSBAD VILLAGE DRIVE WITHIN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: TRAILS END
8 CASE NO: HDP 04-07
9 WHEREAS, Dennis Cunningham, "Developer," has filed a verified application with the
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City of Carlsbad regarding property owned by Chris Coseo, "Owner," described as
12 Portion of lot 7 of Section 32, Township 11 South, Range 4
West, San Bernardino Meridian, in the City of Carlsbad,
13 County of San Diego, State of California, according to official
plat thereof
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("the Property"); and
,g WHEREAS, said verified application constitutes a request for a Hillside
17 Development Permit as shown on Exhibits "A" - "P" dated March 1, 2006, on file in the
18 Carlsbad Planning Department, TRAILS END - HDP 04-07, as provided by Chapter 21.95 of
the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did on the 1st day of March 2006,
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consider said request; and
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„- WHEREAS, at said hearing, upon hearing and considering all testimony and
24 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the Hillside Development Permit.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 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
2 APPROVES TRAILS END - HDP 04-07 based on the following findings and
subject to the following conditions:
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Findings:4
<- 1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages;
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2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly
7 identified on the constraints map.
o 3. That the development proposal is consistent with the intent, purpose, and requirements of
o the Hillside Ordinance, Chapter 21.95, in that the grading design minimizes the
amount of grading, respects the natural terrain, and incorporates contour grading
10 and variable slope grades into the site. The project is proposing 7,010 cubic yards of
cut, 26,410 cubic yards of fill, and an import of 19,400 cubic yards of material. This
will result in a volume of grading equaling 9,500 cubic yards per acre which is
_ considered "potentially acceptable" under the Hillside Development Regulations of
the Carlsbad Municipal Code Chapter 21.95. The applicant was required to submit
\ 3 findings justifying the reasons for the amount of grading subject to the approval of
the Planning Director and City Engineer.
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4. 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,
I ,- in that no residential development occurs on any natural slopes with an inclination of
greater than 40 percent, an elevation differential of greater than 15 feet, and an area
17 of greater than 10,000 square feet.
18 5. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the grading design minimizes the
amount of grading, respects the natural terrain, and incorporates contour grading
20 and variable slope grades into the site which will be landscaped with non-invasive,
fire-resistant, native type vegetation.
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6. That the project design and lot configuration minimizes disturbance of hillside lands, in
22 that the proposed development follows the hillside pattern of the site. In order to
~~ provide access into the site it is necessary to disturb areas of steep slope. The site is
configured with terraced pads to minimize the amount of grading and slope
24 disturbance.
25 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of grading permit, whichever occurs first.
28 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
PC RESO NO. 6036 -2-
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 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
3 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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
6 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.
7 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.8
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.
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4. If any condition for construction of any public improvements or facilities, or the payment
11 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
13 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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5. 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
, s 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
17 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
18 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
20 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
21 approval is not validated.
22 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, Zone Change, Tentative Tract
Map, and a Planned Development Permit and is subject to all conditions contained in
24 Planning Commission Resolutions No. 6033, 6034, 6035, and 6037 for those other
approvals incorporated herein by reference.
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PC RESO NO. 6036 -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 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 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 1st day of March 2006, by the
following vote, to wit:
AYES: Chairperson Montgomery, Commissioners Cardosa, Dominguez,
and Whitton
NOES: Commissioner Baker
ABSENT: Commissioner Heineman and Segall
ABSTAIN:
ITECITB. MONTGOMERY, (^pnrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PCRESONO. 6036 -4-