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HomeMy WebLinkAbout2006-09-06; Planning Commission; Resolution 6163PLANNING COMMISSION RESOLUTION NO. 61631 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING HILLSIDE 3 DEVELOPMENT PERMIT HDP 04-09 TO ALLOW THE DEVELOPMENT OF A 15-UNIT MULTI-FAMILY 4 RESIDENTIAL AIRSPACE CONDOMINIUM PROJECT ON A , 0.86-ACRE SITE GENERALLY LOCATED ALONG THE WEST SIDE OF VIEJO CASTILLA WAY BETWEEN 6 NAVARRA DRIVE AND PIRINEOS WAY IN LOCAL FACILITIES MANAGEMENT ZONE 6. 7 CASE NAME: RESORT VIEW TOWNHOMES CASE NO: HDP 04-098 ' g WHEREAS, Karnak Planning & Design, Inc., "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by B.N.R. Investment and 11 Development LLC, "Owner," described as 12 Lots 35 and 36 of La Costa South Unit No. 1, in the City of 13 Carlsbad, County of San Diego, State of California, according to Map thereof No. 6117, filed in the Office of the County 14 Recorder of San Diego County, June 3,1968 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Hillside 17 Development Permit as shown on Exhibits "A - X" dated September 6, 2006, on file in the 18 Carlsbad Planning Department, RESORT VIEW TOWNHOMES - HDP 04-09, as provided 2Q by Chapter 21.95 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did on the 6th day of September, 2006, 22 consider said request; and 23 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 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES RESORT VIEW TOWNHOMES - HDP 04-09, based on the following findings and subject to the following conditions: 4 Findings; 6 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 7 2. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that: (a) the proposed project is consistent with the Land Use and Open Space/Conservation Elements of the General Plan since the site has been previously graded, there exist no natural hillsides or sensitive 10 resources on the site; (b) the project design minimizes the amount of grading to an acceptable quantity of 3,430 cubic yards per acre, will incorporate an aesthetically pleasing design with landscaping, and retaining walls will be developed primarily . into the slope as opposed to on top of the slope to minimize the visual impacts on the adjacent properties and public roadways; (c) the existing hillside is manufactured 13 and accordingly, there will be no impacts to natural resource areas, wildlife habitats, or native vegetation areas that have not already been analyzed, 14 anticipated, and authorized by the City's Habitat Management Plan (HMP); and (d) there will be no impact on lagoons or riparian ecosystems in that the project has been conditioned to submit an erosion control plan consistent with the NPDES permit requirements as required by the Regional Water Quality Control Board and the City of Carlsbad. 17 3. That the proposed development or grading will not occur in the undevelopable portions 18 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the previously graded project site contains no natural slopes or undevelopable hillside slopes. 20 4. That the project design substantially conforms to the intent of the concepts illustrated in 21 the Hillside Development Guidelines Manual, in that the design minimizes the amount of grading and will incorporate varied retaining wall heights that will not be visible 22 nor impact the adjacent properties and roadways. 23 5. The Planning Commission has reviewed each of the exactions imposed on the Developer 24 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 25 degree of the exaction is in rough proportionality to the impact caused by the project. 26 Conditions: 27 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or 2g final map, whichever occurs first. PCRESONO. 6163 -2- If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 6 or a successor in interest by the City's approval of this Hillside Development Permit. 7 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. 10 3. This approval is granted subject to the approval of CT 04-19 and CP 04-09 and is 11 subject to all conditions contained in Planning Commission Resolutions No. 6161 and 6162 for those other approvals incorporated herein by reference. 13 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, , 5 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 16 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 17 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 19 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 20 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 23 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 24 25 26 27 28 PCRESONO. 6163 -3- 1 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 3 Commission of the City of Carlsbad, California, held on the 6th day of September, 2006, by the following vote, to wit: AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, 6 Dominguez, Heineman, Segall, and Whitton 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 " 11 12 13 "ITELT B. MONTGOMERY, Mirperson 14 CARLSBAD PLANNING COMMISSION 15 16 ATTEST: 17 18 DONNEU Assistant Planning Director 20 21 22 23 24 25 26 27 28 PCRESONO. 6163 -4-