HomeMy WebLinkAbout2008-02-06; Planning Commission; Resolution 63841 PLANNING COMMISSION RESOLUTION NO. 6384
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT EXTENSION TO
4 SUBDIVIDE AND GRADE AN 81.3 ACRE SITE INTO 49
STANDARD SINGLE-FAMILY LOTS AND THREE OPEN
SPACE LOTS GENERALLY LOCATED SOUTHEAST OF
6 RANCHO SANTA FE ROAD ALONG THE CITY'S EASTERN
BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE
7 11.
CASE NAME: SHELLEY PROPERTY
8 CASE NO: HDP 02-08x1
9 WHEREAS, Fair Oaks Valley, LLC, "Developer/Owner," has filed a verified
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application with the City of Carlsbad regarding property described as
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That portion of the east half of Lot 6 of Rancho Las Encinitas,
in the City of Carlsbad, County of San Diego, State of
13 California, according to Map thereof No. 848, filed in the
Office of the County Recorder of San Diego County, June 27,
14 1898. (APN 223-061-01-00 and 223-061-02-00)
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit extension as shown on Exhibits "A" - "Z" dated August 17, 2005, on file
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in the Carlsbad Planning Department, SHELLEY PROPERTY - HDP 02-08, as provided by
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„ Chapter 21.95 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did on February 6, 2008, consider said
22 request; and
23 WHEREAS, at said hearing, upon hearing and considering all testimony and
24 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Hillside Development Permit extension; and
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WHEREAS, on September 27, 2005, the City Council previously approved
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2g HDP 02-08 as described and conditioned in City Council Resolution No. No. 2005-294.
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.
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. B) That based on the evidence presented at the public hearing, the Commission
APPROVES. SHELLEY PROPERTY - HDP 02-08x1 based on the following
5 findings and subject to the following conditions:
7 Findings;
o0 1. All findings contained in Planning Commission Resolution No. 5955 dated August 17,
a 2005 for HDP 02-08 are incorporated herein by reference and remain in effect.
10 2. 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
11 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.
,-, Conditions:
14 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of a grading permit, whichever occurs first.
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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
17 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
18 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
19 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
21 extension.
22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside Development Permit extension documents, as
necessary to make them internally consistent and in conformity with the final action on
24 the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development, different from this approval, shall require an amendment to
25 this approval.
26 3, Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
2g 4. If any conditions 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
PC RESO NO. 6384 -2-
Section 66020. If any such condition is determined to be invalid, this approval shall be
2 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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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
- 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
6 or indirectly, from (a) City's approval and issuance of this Hillside Development Permit
extension, (b) City's approval or issuance of any permit or action, whether discretionary
7 or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
n 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
I o approval is not validated.
I1 6. This approval is granted subject to the approval of Tentative Tract Map 02-17x1 and
Habitat Management Plan Permit 05-04x1 and is subject to all conditions contained in
Planning Commission Resolution No. 6383 and 6385 for these other approvals.
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7. All the conditions contained in Planning Commission Resolution No. 5955 dated
14 August 17,2005, for HDP 02-08 are incorporated herein by reference and remain in
effect.
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16 NOTICE
17 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
18 "fees/exactions."
19 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
20 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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
24 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.
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PCRESON0.6384 -3-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on February 6, 2008, by the following
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vote, to wit:
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6 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
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8 NOES:
9 ABSENT:
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ABSTAIN:
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14 „JULIE BkKERAChairperson
15 CARLSBAS-PCANNING COMMISSION
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17 ATTEST:
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19 DONNEU
20 Planning Director
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PC RESO NO. 6384 -4-