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HomeMy WebLinkAbout2008-04-02; Planning Commission; Resolution 64071 PLANNING COMMISSION RESOLUTION NO. 6407 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT TO ALLOW A TWO LOT 4 RESIDENTIAL SUBDIVISION ON PROPERTY GENERALLY 5 LOCATED ON THE WEST SIDE OF EL CAMINO REAL, SOUTH OF CHESTNUT AVENUE IN LOCAL FACILITIES 6 MANAGEMENT ZONE 1. CASE NAME: HUMPHREY LOT SPLIT 7 CASE NO: SUP 07-07 o WHEREAS, Mary and Rick Humphrey, "Developer/Owner," has filed a 9 verified application with the City of Carlsbad regarding property described as 10 Lot 29 of Chestnut Heights, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof, No. 19 5328, filed in the office of the County Recorder of said County on January 17,1964 13 ('the Property"); and 14 WHEREAS, said verified application constitutes a request for a Scenic Corridor 16 Special Use Permit as shown on Exhibits "A-B" dated April 2, 2008, on file in the Planning 17 Department, HUMPHREY LOT SPLIT - SUP 07-07, as provided by Chapter 21.40 of the 1 R Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did on April 2, 2008 hold a duly noticed 20 public hearing as prescribed by law to consider said request; and 21 ~~ WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the Scenic Corridor Special Use Permit. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES HUMPHREY LOT SPLIT - SUP 07-07, based on the following findings and subject to the following conditions: 3 Findings: 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that it c is consistent with the R-l-10,000 Zoning Standards and the El Camino Real Corridor Development Standards, as the project is consistent with the applicable 35 6 foot building height, 40 foot front yard setback, 10 foot maximum cut and fill grading requirements, and is consistent with the landscape requirement for a 7 London Plain tree, as detailed in the Planning Commission Staff Report for SUP 07- _ 07 dated April 2, 2008. o 9 2. The proposed project implements the goals and objectives of the General Plan in that the property is proposed to be developed with single family residential which is 10 consistent with the Residential Low Medium land use designation. 3. That the Planning Director has determined that the project belongs to a class of projects 12 that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the 13 preparation of environmental documents pursuant to Sections 15315 - Minor Land Divisions and 15332 - In-Fill Development Projects of the state CEQA Guidelines. In 14 making this determination, the Planning Director has found that the exceptions listed in , <. Section 15300.2 of the state CEQA Guidelines do not apply to this project. jg 4. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 17 5. The Planning Commission has reviewed each of the exactions imposed on the Developer 18 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 degree of the exaction is in rough proportionality to the impact caused by the project. 20 Conditions: 21 1. Staff is authorized and directed to make, or require Developer to make, all corrections 22 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 shall occur substantially as shown in the approved Exhibits. Any proposed development, 24 different from this approval, shall require an amendment to this approval. 25 2. 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 26 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 2g 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 PC RESO NO. 6407 -2- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Special Use Permit. 3 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. 4 c 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 6 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 7 unless the City Council determines that the project without the condition complies with all requirements of law.8 9 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 10 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 or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's 12 approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation 13 and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other 14 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. 16 6. Developer shall submit to the Planning Department a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 17 body. 1 O 7. Developer shall include, as part of the plans submitted for any permit plancheck, a J9 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 20 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 21 Director from the Carlsbad Unified School District that this project has satisfied its «~ obligation to provide school facilities. 23 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 24 Plan prior to the issuance of building permits. 25 10. This approval is granted subject to the approval of MS 04-06 and is subject to all 26 conditions contained in the City's Engineer's letter dated March 8, 2005, as well as any future extensions of MS 04-06, for those other approvals incorporated herein by 27 reference. 78 11. Given the building height restrictions of the R-l zoning and the location of the private access lane in the front yard setback, the applicable requirements of the El PC RESO NO. 6407 -3- Camino Real Corridor Standards will be met and, therefore, no Special Use Permit 2 is required for the future single family residential structures on Parcels 1 and 2 of Minor Subdivision MS 04-06. 3 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that <- adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 6 facilities will continue to be available until the time of occupancy. 7 13. Prior to the issuance of Building Permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 9 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Special Use Permit by Resolution No. 6407 on the property. Said 10 Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has , 2 the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in 13 interest. 14. Prior to the recordation of the first final (tract/parcel) map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation 16 Corridor, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 17 15. Prior to the recordation of the first final (tract/parcel) map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan- Palomar Airport, in a form meeting the approval of the Planning Director and the City 20 Attorney (see Noise Form #2 on file in the Planning Department). Code Reminders 22 The project is subject to all applicable provisions of local ordinances, including but not limited to 23 the following: 24 16. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 26 27 28 PC RESO NO. 6407 -4- 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 g 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. 11 15 18 19 20 21 22 23 24 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 12 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 1 . Commission of the City of Carlsbad, California, held on April 2, 2008 by the following vote, to wit: AYES: Commissioners Baker, Boddy, Douglas, Montgomery, and Chairperson Whitton 16 NOES:17 ABSENT: Commissioners Cardosa and Dominguez ABSTAIN: yTRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION^ ^ 25 ATTEST: 26 27 28 DON NEU Planning Director PC RESO NO. 6407 -5-