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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 10 application with the City of Carlsbad regarding property described as 1.1 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 18 in the Carlsbad Planning Department, SHELLEY PROPERTY - HDP 02-08, as provided by 19 „ 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 25 relating to the Hillside Development Permit extension; and 26 WHEREAS, on September 27, 2005, the City Council previously approved ^ / 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: 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. 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. 15 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. 3 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. 13 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. 15 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. 23 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. 27 28 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 3 vote, to wit: 4 5 6 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 7 8 NOES: 9 ABSENT: 10 ABSTAIN: 11 " 12 13 14 „JULIE BkKERAChairperson 15 CARLSBAS-PCANNING COMMISSION 16 17 ATTEST: 18 19 DONNEU 20 Planning Director 21 22 23 24 25 26 27 28 PC RESO NO. 6384 -4-