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Home My WebLink About2007-01-17; Planning Commission; Resolution 62381 PLANNING COMMISSION RESOLUTION NO. 6238 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE YEAR EXTENSION OF A HILLSIDE DEVEVLOPMENT 4 PERMIT TO SUBDIVIDE A 5.64 ACRE SITE INTO 16 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED ON 6 THE EAST SIDE OF BLACKRAIL ROAD, SOUTH OF POINTSETTIA LANE IN THE MELLO II SEGMENT OF THE 7 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 20. 8 CASE NAME: TABATA RESIDENTIAL SUBDIVISION 9 CASE NO: HDP 04-02x1 10 WHEREAS, Trans West Housing, Inc., "Developer/Owner," has filed a verified 11 application with the City of Carlsbad regarding property described as 12 A portion of the southwest quarter of Section 22, T12S, R4W, 13 SBBM, in the City of Carlsbad, County of San Diego, State of California 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Hillside 17 Development Permit extension as shown on Exhibits "A" - "K" dated September 1, 2004, on 18 file in the Carlsbad Planning Department, TABATA RESIDENTIAL SUBDIVISION - HDP ^ 04-02x1, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did on the 1st day of September 2004, 21 - consider HDP 04-02; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 25 relating to the Hillside Development Permit; and 26 WHEREAS, on September 1, 2004, the Planning Commission approved, HDP 27 04-02, as described and conditioned in Planning Commission Resolution No. 5724. 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 c B) That based on the evidence presented at the public hearing, the Commission APPROVES TABATA RESIDENTIAL SUBDIVISION - HDP 04-02x1 based 6 on the following findings and subject to the following conditions: 7 Findings; o 1. All the findings contained in Planning Commission Resolution No. 5724 dated 9 September 1, 2004 for HDP 04-02 are incorporated herein by reference and remain in effect. 10 2. That a one-year extension is appropriate because the owner/applicant is diligently 11 pursuing finalizing all necessary permits and the project is still consistent with the Hillside Development Permit regulations, and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the 13 conditions for an 18 lot subdivision (GPA 04-13, ZC 03-05, LCPA 03-07, CT 03-06, CDP 03-24 and HDP 04-02). 14 3. The Planning Director has determined that: 15 a. the project is a project for which a Mitigated Negative Declaration and 16 Mitigation Monitoring and Reporting Program, Tabata Residential Subdivision, HDP 04-02, dated October 19, 2004, (Planning Commission Resolution No. 5724) was previously adopted [15162]; b. this project is consistent with the project sited above; 19 c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting 20 Program was adopted in connection with the prior project or plan; 21 d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and 23 e. none of the circumstances requiring a Subsequent Mitigated Negative 24 Declaration under CEQA Guidelines Section 15162 exists. 25 4. 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 to mitigate impacts caused by or reasonably related to the project, and the extent and the 27 degree of the exaction is in rough proportionality to the impact caused by the project. 28 PC RESO NO. 6238 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 3 recordation or issuance of a grading permit, whichever occurs first. 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 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. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building 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 challenged, this approval shall be suspended as provided in Government Code 17 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 18 with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 2Q harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 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 Hillside Development 22 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 and operation of the facility permitted hereby, 24 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 25 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.26 6. This approval is granted subject to the approval of CT 03-06x1 and is subject to all conditions contained in Planning Commission Resolution No. 6237 for this other 28 approval; and is subject to approval of CDP 03-24x1 by the Planning Director. PC RESO NO. 6238 -3- 7. All the conditions contained in Planning Commission Resolution No. 5724 dated 2 September 1, 2004 for HDP 04-02 are incorporated herein by reference and remain in effect. 3 8. This approval shall become null and void upon the expiration of Tentative Map CT 4 03-06x1. NOTICE 6 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 . 1 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 12 annul their imposition. 13 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 , c 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6238 -4- 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 17th day of January 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Dominguez, Douglas, Montgomery, Segall, and Whitton NOES: ABSENT: ABSTAIN: Commissioners Cardosa JUJLIE BXKER, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RESO NO. 6238 -5-