HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 62191 PLANNING COMMISSION RESOLUTION NO. 6219
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR
4 GRADING AND CONSTRUCTION OF A 21,904 SF OFFICE
, BUILDING ON LOT 1 LOCATED WITHIN PLANNING AREA
2 OF THE GREEN VALLEY MASTER PLAN ON PROPERTY
6 GENERALLY LOCATED NORTHWEST OF CALLE
BARCELONA, WEST OF EL CAMINO REAL AND NORTH
7 OF LEUCADIA BOULEVARD IN THE EAST BATIQUITOS
LAGOON/HUNT PROPERTY SEGMENT OF THE LOCAL
8 COASTAL PROGRAM AND LOCAL FACILITIES
9 MANAGEMENT ZONE 23.
CASE NAME: LA COSTA GLEN CORPORATE CENTER
10 CASE NO: HDP 05-11
11 WHEREAS, Continuing Life Communities, LLC, "Owner/Developer," has
12 filed a verified application with the City of Carlsbad regarding property described as
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A portion of Lot 5 of City of Carlsbad Tract No. 92-08 Green
14 Valley, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No 13997, as filed in the
^ Office of the County recorder of San Diego County, July 10,
16 200°
17 ("the Property"); and
18 WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits "A" - "R" dated January 3, 2007, on file in the
20 Carlsbad Planning Department, LA COSTA GLEN CORPORATE CENTER - HDP 05-11,
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as provided by Chapter 21.95 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on the 3rd day of January 2007,
24 consider said request.
25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
fyfZD Commission as follows:
27 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LA COSTA GLEN CORPORATE
1 CENTER - HDP 05-11 based on the following findings and subject to the
2 following conditions:
3 Findings:
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%, have been properly
identified on the constraints map.
7
. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly
identified and are incorporated in the design; the project is designed to relate to the
slope of the land; the alteration of the natural hillsides will be done in an
10 environmentally sensitive manner; and the project will implement NPDES measures
to reduce runoff and avoid erosion.
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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,
13 in that no grading will occur in areas with slopes over 40%, with the exception of
areas that are exempt from the hillside regulations because the slopes have less than
14 15 feet in elevation difference and an area of less than 10,000 square feet.
That the project design substantially conforms to the intent of the concepts illustrated in
.,- the Hillside Development Guidelines Manual, in that on-site grading is within the
acceptable quantity range with 7,933 cu. yds/acre; no slopes over 40 feet are being
17 created as a result of the grading scheme; and all manufactured slopes will be
landscaped in accordance with the City's Landscape Guidelines Manual.
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6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that the significant slope and sensitive habitat areas are being preserved in open
2Q space.
21 7. 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
22 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.
£*~J
24 Conditions:
25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map or issuance of grading permit, whichever occurs first.26
27 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
28 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
PCRESONO. 6219 -2-
issued under the authority of approvals herein granted; record a notice of violation on the
2 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
3 or a successor in interest by the City's approval of this Hillside Development Permit.
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.
6 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. This approval is granted subject to adoption and approval of the Mitigated Negative
Declaration and -Mitigation Monitoring and Reporting Program, GPA 06-02, MP
9 92-01(B), LCPA 06-01, HMPP 06-11, SDP 05-16, and CDP 05-51 and is subject to all
conditions contained in Planning Commission Resolutions No. 6213, 6214, 6215, 6216,
10 6217, 6218, and 6220 for those other approvals incorporated herein by reference.
11 4. This approval is granted subject to the approval of MS 05-28 and is subject to all
conditions contained in that approval incorporated herein by reference.
13 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
j <- dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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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)5 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
19 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
20
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
23 a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PCRESONO. 6219 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of January 2007, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
ABSENT: Commissioner Douglas
ABSTAIN:
MARTELL B. MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PCRESONO. 6219 -4-