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HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 61931 PLANNING COMMISSION RESOLUTION NO. 6193 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF HILLSIDE DEVELOPMENT PERMIT 4 HDP 04-05 ON A 20.4-ACRE PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II 6 SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 21. 7 . CASE NAME: POINSETTIA PLACE CASE NO: HDP 04-058 o WHEREAS, Sierra Linda Development Company, "Developer," has filed a 10 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 11 Land Company, a California Limited Liability Co., "Owner," described as 12 The north half of the southwest quarter of the southwest 13 quarter of Section 23, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San 14 Diego, State of California, according to the official plat thereof 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Hillside 17 Development Permit as shown on Exhibits "A" - "R" and "Al" - "A26"" dated November 15, 18 2006, on file in the Carlsbad Planning Department, POINSETTIA PLACE - HDP 04-05, as 20 provided by Chapter 21.90 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did on the 15th day of November, 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 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 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 RECOMMENDS APPROVAL of POINSETTIA PLACE - HDP 04-05, based on the following findings and subject to the following conditions: 3 Findings:4 f 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 6 2. That undevelopable areas of the project, i.e., slopes over 40 percent, have been properly 7 identified on the constraints map. o 3. That the development proposal is consistent with the intent, purpose, and requirements of g the Hillside Ordinance, Chapter 21.95, in that the majority of the project development is proposed on property that has been previously disturbed and the project protects 10 in place the majority of the natural hillsides. 11 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, in that no development is proposed in hillside areas that are greater than 40 percent 13 slope. 14 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the proposed fill of the project 15 follows the general contour of the adjacent street and will not create pads that are ,,- inconsistent with surrounding multi-family residential developments. 17 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that development is largely confined to areas that have a slope of less than 18 15 percent. 19 Conditions; 20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 21 grading permit. 22 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 24 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 25 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 26 conditions or seek damages for their violation. No vested rights are gained by Developer 27 or a successor in interest by the City's approval of this Hillside Development Permit. 28 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. PCRESONO. 6193 -2- Development shall occur substantially as shown on the approved Exhibits. Any proposed 2 development, different from this approval, shall require an amendment to this approval. 3 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. 4 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 6 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 7 invalid unless the City Council determines that the project without the condition complies with all requirements of law. o 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 10 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 11 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 nondiscretionary, in connection with the use contemplated herein, and 13 (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 14 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 approval is not validated. 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 17 and Mitigation Monitoring and Reporting Program, General Plan Amendment GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment LCPA 04- 18 11, Carlsbad Tract Map CT 04-10, Condominium Permit CP 05-05, Site Development Plan SDP 04-07, Coastal Development Permit CDP 04-23, and Habitat Management Plan Permit HMPP 06-08 and is subject to all conditions contained in 20 Planning Commission Resolutions No. 6187, 6188, 6189, 6190, 6191, 6192, 6194, 6195, and 6196 for those other approvals incorporated herein by reference. 21 22 NOTICE 23 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 24 "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If 26 y°u 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 27 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 28 annul their imposition. PCRESONO. 6193 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 15th day of November, 2006, by the following vote, to wit: AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and Whitton NOES: Commissioner Segall ABSENT: Chairperson Montgomery and Commissioner Heineman JULIE CARLS Vice Chairperson ANNING COMMISSION DONNEU Assistant Planning Director PCRESONO. 6193 -4-