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HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 62081 PLANNING COMMISSION RESOLUTION NO. 6208 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT FOR A THREE-LOT 4 SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A 5 1.1-ACRE VACANT PROPERTY GENERALLY LOCATED BETWEEN EUCALYPTUS LANE AND EL CAMINO REAL IN 6 LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CHEHADE MINOR SUBDIVISION 7 CASE NO: SUP 05-12 8 WHEREAS, Khaled Chehade, Trustee, "Developer," has filed a verified 9 application with the City of Carlsbad regarding property owned by Khaled Chehade Family 10 Trust, "Owner," described as11 12 A portion of Lot I of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according 13 to Map thereof No. 823 filed in the Office of the County Recorder of San Diego County, November 16,1896. 14 Also being Parcel B of City of Carlsbad Certificate of Compliance for Adjustment Plat No. 03-17, recorded 16 January 21,2005 as Doc. No. 2005-0054768 17 ("the Property"); and 1 O WHEREAS, said verified application constitutes a request for a Scenic Corridor 19 Special Use Permit as shown on Exhibits "A" - "G" dated December 6, 2006, on file in the 20 Planning Department, CHEHADE MINOR SUBDIVISION - SUP 05-12, as provided by 21 ~2 Chapter 21.40 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did on the 6th day of December, 2006, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Scenic Corridor Special Use Permit. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 t- B) That based on the evidence presented at the public hearing, the Commission APPROVES CHEHADE MINOR SUBDIVISION - SUP 05-12, based on the 6 following findings and subject to the following conditions: 7 Findings: g 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that 9 the project complies with the grading, landscaping, and low-intensity development design guidelines of the El Camino Real Corridor Development Standards. Also, 10 the project will enhance the streetscape in the area because it will grade a steep, unmaintained, and eroding cut slope into a gentler, landscaped slope. Further, 1 * because of its location, the project will not interfere with any outstanding views. 12 2. The proposed project implements the goals and objectives of the General Plan in that it 13 will subdivide land into three single-family residential lots, which is consistent with the General Plan's Residential Low-Medium land use designation. As proposed and 14 conditioned, the project also complies with General Plan objectives to enhance roadway scenic quality, minimize impacts to sensitive resources and water quality, and ensure acceptable noise levels for residential uses. 16 3. The project is consistent with the City's Landscape Manual (Carlsbad Municipal Code 17 Section 14.28.020 and Landscape Manual Section I B) and the landscape provisions of the El Camino Real Corridor Development Standards in that the project landscape plan incorporates tree species specified by both documents. 19 4. The Planning Commission hereby finds that all development in Carlsbad benefits from 20 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 21 provide for effective protection and conservation of wildlife and plant species while „ continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 23 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic, and environmental benefits from the 24 preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on 26 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 27 5. The Planning Commission has reviewed each of the exactions imposed on the Developer 28 contained in this resolution, and hereby finds, in this case, that the exactions are imposed PCRESONO. 6208 -2- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of the r parcel map. 6 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 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 9 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 10 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 Special Use Permit. 1 „ 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit document(s) necessary to make them 13 internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, 14 different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and .,- regulations in effect at the time of building or grading permit issuance. 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 18 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 invalid unless the City Council determines that the project without the condition complies with »„ all requirements of law. 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 22 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 or indirectly, from (a) City's approval and issuance of this Special Use 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 25 and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other 26 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. 28 PC RESO NO. 6208 -3- 6. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 3 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 9 shall be placed on the Final Map. 10 9. Developer shall implement, or cause the implementation of, the Chehade Minor Subdivision - SUP 05-12/CDP 05-49/HDP 05-10/PCD 05-03/MS 05-10 Project Mitigation Monitoring and Reporting Program. 12 10. This approval is granted subject to the approval of CDP 05-49, HDP 05-10, and 13 PCD 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6209, 6210, and 6211 for those other approvals incorporated herein by reference and the approval of the Engineering Department for MS 05-10. 11. This approval shall become null and void if grading permits are not issued for this project within 24 months from the date of project approval. 17 12. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and *° the City's Landscape Manual. Developer shall construct and install all landscaping as I n shown on the approved Final Plans and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 20 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 21 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 14. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all 24 interested parties and successors in interest that the City of Carlsbad has issued a Special Use Permit, Coastal Development Permit, Hillside Development Permit, and 25 Planning Commission Determination by Resolutions No. 6208, 6209, 6210, and 6211 , on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any 27 conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice 28 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RESO NO. 6208 -4- 15. Prior to the recordation of the parcel map or the issuance of building permits, whichever 2 occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form 3 meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 4 16. This project has been found to result in impacts to 1.16 acres of disturbed lands (0.03 acre of which is attributed to off-site grading), which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee 7 consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and ° animal species. The Developer is further aware that the City has determined that all n projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. 10 The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee, and the Developer or Developer's successors) in interest shall pay 1 the adjusted amount of the fee once it is approved by the City Council. The fee shall be paid prior to recordation of a parcel map, or issuance of a grading permit or building permit, whichever occurs first. If the In-Lieu Mitigation Fee for this project is not paid, 13 this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 14 15 NOTICE 16 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." 18 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 19 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 20 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. 22 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 23 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. 26 27 28 PC RESO NO. 6208 -5- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 6th day of December, 2006, by the following vote, to wit: AYES: Chairperson Montgomery, Commissioners Baker, Dominguez, Heineman, Segall, and Whitton NOES: ABSENT: Commissioner Cardosa ABSTAIN: MARTELL B. MONTGOMERY, JMTirperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RESO NO. 6208 -6-