HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60591 PLANNING COMMISSION RESOLUTION NO. 6059
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO
4 GRADE AND SUBDIVIDE A 14.4 ACRE SITE INTO 2
RESIDENTIAL LOTS FOR 53 DWELLING UNITS, 1
DRIVEWAY LOT, AND 1 OPEN SPACE LOT ON PROPERTY
6 GENERALLY LOCATED ON THE WEST SIDE OF EL
CAMINO REAL AND NORTH OF DOVE LANE WITHIN THE
7 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
LOCAL FACILITIES MANAGEMENT ZONE 21.
8 CASE NAME: LA COSTA VILLAGE CENTER
o TOWNHOMES
CASE NO: HDP 04-04
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WHEREAS, Marker La Costa LLC, "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Noreen Levatino, "Owner,"
13 described as
14 All that portion of the west half of the northeast Quarter of
Section 26, Township 12 South, Range 4 West, San Bernardino
Meridian, in the City of Carlsbad, County of San Diego, State
,g of California, being more particularly described in certificate
of compliance record June 16,1989 as file No. 89-317343
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Hillside
20 Development Permitas shown on Exhibits "A" - "HHH"" dated April 5, 2006, on file in the
21 Carlsbad Planning Department, LA COSTA VILLAGE CENTER TOWNHOMES - HDP
22 04-04, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did on the 5th day of April 2006, consider
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said request; and
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WHEREAS, at said hearing, upon hearing and considering all testimony and26
27 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
28 relating to the Hillside Development Permit.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
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
RECOMMENDS APPROVAL of LA COSTA VILLAGE CENTER
6 TOWNHOMES - HDP 04-04 based on the following findings and subject to the
following conditions:
7
Findings;8
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
identified on the constraints map.
12 That the development proposal is consistent with the intent, purpose, and requirements of
13 the Hillside Ordinance, Chapter 21.95, in that the project will be a balanced site with a
total grading quantity of 5,120 cubic yards per acre, the project is down slope and
14 will be screened from adjacent developments and El Camino Real, and the western
slope will be screened by a terracing water and landscaping feature.
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,
17 in that no residential development occurs on any natural slopes with an inclination of
greater than forty percent, an elevation differential of greater than fifteen feet, and
an area of greater than 10,000 square feet.
19 5. That the project design substantially conforms to the intent of the concepts illustrated in
20 the Hillside Development Guidelines Manual, in that the grading design minimizes the
amount of grading, respects the natural terrain, preserves sensitive habitat, and
21 incorporates contour grading and variable slope grades into the northern slope
bank which will be landscaped with non-invasive, fire-resistant, native-type
vegetation.
23 6. That the project design and lot configuration minimizes disturbance of hillside lands, in
24 that the proposed residential project and it's associated grading is limited to the
southern 25% of the property.
25
Conditions:26
27 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of grading permit, whichever occurs first.
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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
PC RESO NO. 6059 -2-
implemented and maintained according to their terms, the City shall have the right to
2 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
3 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.
5 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
7 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.
9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
10 regulations in effect at the time of building permit issuance.
11 4. 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
13 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
14 with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
, f- harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
17 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
18 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,
20 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
21 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-10, LCPA 04-09, ZC
24 04-06, CT 04-08, SDP 04-05, CDP 04-17, CP 04-03, and SUP 04-07 and is subject to
all conditions contained in Planning Commission Resolutions No. 6054, 6055, 6056,
25 6057, 6058, 6060, 6062, 6063 and 6061 for those other approvals incorporated herein by
reference.26
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PC RESO NO. 6059 -3-
1 NOTICE
2
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."
5 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
6 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
12 expired.
13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of April 2006, by the
following vote, to wit:
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AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
17 Dominguez, Heineman, Segall, and Whitton
18 NOES:
19 ABSENT:
20
ABSTAIN:
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22
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24 MARTELL B. MONTGOMERY, iTairperson
CARLSBAD PLANNING COMMISSION25
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28 / / i <• .
NEU /"'
Distant Planning Director
PC RESO NO. 6059 -4-