Loading...
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, 10 "Owner," described as 11 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. 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 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 21 provided by Chapter 21.95 of the Carlsbad Municipal Code; and 22 ,__ 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. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 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. 11 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. 17 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- 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 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-