HomeMy WebLinkAbout2006-10-18; Planning Commission; Resolution 61761 PLANNING COMMISSION RESOLUTION NO. 6176
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO DEMOLISH ONE
4 SINGLE-FAMILY HOME AND CONSTRUCT TWO (2)
, RESIDENTIAL AIRSPACE CONDOMINIUMS ON A
0.43-ACRE SITE LOCATED WEST OF OCEAN STREET AND
6 NORTH OF PACIFIC AVENUE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
7 LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: DONALD CONDOMINIUMS
8 CASE NO: HDP 05-13
9 WHEREAS, Eric Beck, "Developer," has filed a verified application with the
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City of Carlsbad regarding property owned by Peter and Mary Kay Donald, "Owner,"
described as
13 A portion of Lot 6 of Granville Park, in the City of Carlsbad,
County of San Diego, State of California, according to Map
14 thereof No. 1782, filed in the Office of the County Recorder of
San Diego County, February 21,1924
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Hillside
18 Development Permit as shown on Exhibits "A" - "K" dated October 18, 2006, on file in the
19 Carlsbad Planning Department, DONALD CONDOMINIUMS - HDP 05-13, as provided by
20 Chapter 21.95 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on the 18th day of October, 2006,22
„ consider said request; and
24 WHEREAS, at said hearing, upon hearing and considering all testimony and
25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2° relating to the Hillside Development Permit.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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
2 APPROVES DONALD CONDOMINIUMS - HDP 05-13 based on the
following findings and subject to the following conditions:
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Findings:
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, 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.
o0 3. That the development proposal is consistent with the intent, purpose, and requirements of
o the Hillside Ordinance, Chapter 21.95, in that the project is a) consistent with the Land
Use and Open Space/Conservation Elements of the General Plan since the site has
10 been previously graded and developed, there exist no natural hillsides, and the
project site has no value as habitat for endangered, rare, or threatened species;
11 b) the project design minimizes the amount of grading to an acceptable quantity of
4,976 cubic yards per acre, will incorporate an aesthetically pleasing design with
landscaping, and retaining/planting walls will be developed primarily on the
13 perimeter of the site and the new two-unit condominiums will be developed in
approximately the same location as the existing building; c) the existing hillside is
14 manufactured and, accordingly, there will be no impacts to natural resource areas,
wildlife habitats, or native vegetation; and d) there will be no impact on lagoons or
^ riparian ecosystems in that the project has been conditioned to submit an erosion
, 6 control plan consistent with the NPDES permit requirements as required by the
Regional Water Quality Control Board and the City of Carlsbad.
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4. 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 grading proposed is within the existing areas of disturbance established by
the previously authorized grading of the site, and no new grading will occur on
2Q beaches, natural slopes greater than 40 percent, or wetlands.
21 5. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the project is designed as stepped
22 pads achieved by cutting into the slope and designing the project to step down the
23 slope.
24 6. 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
25 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.26
27 Conditions:
28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map.
PCRESONO. 6176 -2-
1. 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
4 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,
n Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
11 regulations in effect at the time of building permit issuance.
12 4. If any condition for construction of any public improvements or facilities, or the payment
13 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
14 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
1 ^ with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
17 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
18 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
2Q nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
21 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
22 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
24 6. This approval is granted subject to the approval of SDP 05-17, CDP 05-52, and
CP 06-11 and is subject to all conditions contained in Planning Commission Resolutions
25 No. 6175,6177, and 6178 for those other approvals incorporated herein by reference.
2" 7. This approval is granted subject to the approval of Minor Subdivision MS 05-31 and is
27 subject to all conditions contained in the City Engineer's approval letter for those other
approvals incorporated herein by reference.
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PCRESONO. 6176 -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
A "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
1 Commission of the City of Carlsbad, California, held on the 18th day of October, 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:
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ABSTAIN:
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23 MARTELL B. MONTGOMERY, Miperson
CARLSBAD PLANNING COMMISSION
24"
25 ATTEST:
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DON NEU
28 Assistant Planning Director
PCRESONO. 6176 -4-