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-