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Home My WebLink About2008-04-02; Planning Commission; Resolution 64051 PLANNING COMMISSION RESOLUTION NO. 6405 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT SUP 07-02 TO 4 SUBDIVIDE 7.6 ACRES INTO 12 LOTS, FOR THE 5 DEVELOPMENT OF 38 DETACHED AIRSPACE CONDOMINIUM UNITS WITHIN THE VILLAGES OF LA 6 COSTA GREENS NEIGHBORHOOD 1.3, ON PROPERTY GENERALLY LOCATED ALONG THE EAST SIDE OF EL 7 CAMINO REAL, BETWEEN CAMINO VIDA ROBLE AND CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT 8 ZONE 10. 9 CASE NAME: VILLAGES OF LA COSTA GREENS, NEIGHBORHOOD 1.3 10 CASE NO: SUP 07-02 WHEREAS, Morrow Development, "Developer," has filed a verified application 12 with the City of Carlsbad regarding property owned by Real Estate Collateral Management 13 Company, "Owner," described as 14 , <- Parcel 4 of Carlsbad Minor Subdivision No. MS 05-05 La Costa Greens, in the City of Carlsbad, County of San Diego, 16 State of California, according to map thereof No. 20174, filed in the Office of the County Recorder of San Diego County, 17 December 20,2006. 18 ('the Property"); and 19 WHEREAS, said verified application constitutes a request for a Scenic Corridor 20 Special Use Permit as shown on Exhibits "A" - "MM" dated April 2, 2008, on file in the 21 22 Planning Department, VILLAGES OF LA COSTA GREENS, NEIGHBORHOOD 1.3 - SUP 23 07-02, as provided by Chapter 21.40 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did on April 2, 2008 hold a duly noticed 25 public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors28 relating to the Scenic Corridor Special Use Permit; and 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad 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 VILLAGES OF LA COSTA GREENS, NEIGHBORHOOD 1.3 6 - SUP 07-02, based on the following findings and subject to the following conditions: 7 Findings; g 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that 9 the project complies with all applicable provisions of the El Camino Real Corridor Development Standards and the project does not obscure any scenic views nor does 10 it impair traffic safety along El Camino Real. 2. The proposed project implements the goals and objectives of the General Plan in that the 12 property is proposed to be developed with a residential use consistent with the Residential Medium Density (RM) General Plan Land Use designation. 13 3. The Planning Director has determined that: 14 , <- a. The project is a subsequent activity of the Villages of La Costa Master Plan (MP 98-01) for which a program EIR was prepared, and a notice for 16 the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program 17 EIR adequately describes the activity for the purposes of CEQA lg [15168(c)(2)and(e)]; 19 b. this project is consistent with the Master Plan cited above; 20 c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection with the prior plan; ~~ d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; 23 e. none of the circumstances requiring a Subsequent EIR or a Supplemental 24 EIR under CEQA Guidelines Sections 15162 or 15163 exist; 25 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 26 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. 6405 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 the final map 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 c 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 9 or a successor in interest by the City's approval of this Special Use Permit. 10 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development 19 shall occur substantially as shown in 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 \ g 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 17 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. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 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 Special Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 23 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 24 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 approval is not validated. 26 6. This approval is granted subject to the approval of CT 07-05 and CP 07-02 and is subject 27 to all conditions contained in Planning Commission Resolutions No. 6403 and 6404 for those other approvals incorporated herein by reference. 28 . PC RESO NO. 6405 -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 April 2, 2008 by the following vote, to wit: AYES: Commissioners Boddy, Douglas, Montgomery, and Chairperson Whitton NOES: Commissioner Baker ABSENT: Commissioners Cardosa and Dominguez ABSTAIN: /FRANK WHITTON, Chairperson ^ CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6405 -4-