HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 62101 PLANNING COMMISSION RESOLUTION NO. 6210
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT FOR A THREE-LOT
4 SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A
, 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: HDP 05-10
8 WHEREAS, Khaled Chehade, Trustee, "Developer," has filed a verified application
9 with the City of Carlsbad regarding property owned by Khaled Chehade Family Trust,
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"Owner," described as
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1 „ 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.
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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
18 WHEREAS, said verified application constitutes a request for a Hillside
19 Development Permit as shown on Exhibits "A" - "G" dated December 6, 2006, on file in the
20 Carlsbad Planning Department, CHEHADE MINOR SUBDIVISION - HDP 05-10, as
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provided by Chapter 21.95 of the Carlsbad Municipal Code; and
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,__ WHEREAS, the Planning Commission did on the 6th day of December, 2006,
24 consider said request; and
25 WHEREAS, at said hearing, upon hearing and considering all testimony and
96 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the Hillside Development Permit.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission as follows:
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A) That the foregoing recitations are true and correct.4
, B) That based on the evidence presented at the public hearing, the Commission
APPROVES CHEHADE MINOR SUBDIVISION - HDP 05-10, based on the
6 following findings and subject to the following conditions:
7 Findings:
o
1. That hillside conditions have been properly identified on the constraints map which show
9 existing and proposed conditions and slope percentages.
10 2. That undevelopable areas of the project, i.e., slopes over 40 percent, have been properly
identified on the constraints map.
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3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that proposed grading volumes are within
13 acceptable limits, the proposed slope along El Camino Real is well under the height
limit for a manufactured slope, and graded areas will be landscaped consistent with
14 the City's Landscape Manual and the El Camino Real Corridor Development
Standards. Moreover, while the Hillside Ordinance recommends using an open
1-> design fence along a slope edge, the Ordinance also recognize that a solid fence, as
,/- proposed, is acceptable when security and privacy are concerns. Considering its
location along the top of slope above El Camino Real, the proposed solid fence is
17 acceptable.
18 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 the subject property does not include any features, including natural slopes,
20 that the Section identifies as "undevelopable."
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 submittal complies
22 with hillside mapping procedures and project grading will improve area aesthetics
-. by replacing an eroding steep, unmaintained cut slope with a maximum six-foot-
high retaining wall and a more gentle slope that will be improved with landscaping
24 only.
25 6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that lots and improvements are primarily confined to the more gentle portions of the
2" site, which generally have a slope gradient of 15 percent or less, and grading of the
27 eroding slope cut along El Camino Real, which makes up the majority of project
slope area of 40 percent gradient or more, is necessary for street widening and
28 important for enhancing the El Camino Real corridor streetscape.
PCRESONO. 6210 -2-
Conditions;
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of the
3 parcel map.
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
6 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
7 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
or a successor in interest by the City's approval of this Hillside Development Permit.
10 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
11 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.
13 3. If any condition for construction of any public improvements or facilities, or the payment
14 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
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.
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4. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
18 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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
2Q 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
21 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
22 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
survives until all legal proceedings have been concluded and continues even if the City's
24 approval is not validated.
25 5. 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 ProjectJ
Mitigation Monitoring and Reporting Program.
27 6. This approval is granted subject to the approval of SUP 05-12, CDP 05-49 and
28 PCD 05-03, and is subject to all conditions contained in Planning Commission
Resolutions No. 6208, 6209, and 6211 for those other approvals incorporated herein by
reference and the approval of the Engineering Department for MS -05-10.
PCRESONO. 6210 -3-
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NOTICE
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."
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
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
expired.
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:
NOES:
Chairperson Montgomery, Commissioners Baker, Dominguez,
Heineman, Segall, and Whitton
ABSENT: Commissioner Cardosa
ABSTAIN:
MARTELL B. MONTGOMERY, j
CARLSBAD PLANNING COM*
ATTEST:
irperson
SION
DON NEU
Assistant Planning Director
PC RESO NO. 6210 -4-