HomeMy WebLinkAbout2008-08-20; Planning Commission; Resolution 64421 PLANNING COMMISSION RESOLUTION NO. 6442
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO
YEAR EXTENSION OF A HILLSIDE DEVELOPMENT
4 PERMIT TO SUBDIVIDE 21.9 ACRES INTO 5 SINGLE
, FAMILY RESIDENTIAL LOTS, ONE OPEN SPACE LOT, AND
ONE PRIVATE STREET LOT ON PROPERTY GENERALLY
6 LOCATED NORTH OF FARADAY AVENUE AT THE
SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL
7 FACILITIES MANAGEMENT ZONE 8 AND THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM.
o
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CASE NAME: KIRGIS SUBDIVISION
CASE NO: HDP 02-01X2
10 WHEREAS, Brian and Gayl Hynek, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
12 All that portion of Lot "F" of Rancho Agua Hedionda, in the
13 County of San Diego, State of California, as shown on Partition
Map thereof No. 823, filed in the Office of the County
14 Recorder of San Diego County, on November 16,1896
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Hillside
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Development Permit extension as shown on Exhibits "A" - "D" dated September 3, 2003, on
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file in the Carlsbad Planning Department, KIRGIS TENTATIVE MAP - HDP 02-01X2, as
2Q provided by Chapter 21.95 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did on the 3rd day of September 2003,
22 on the 17th day of September 2003, and on the 5th day of November 2003 consider HDP 02-
23 01;and
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WHEREAS, on March 2, 2004, the City Council approved, HDP 02-01, as
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described and conditioned in City Council Resolution No. 2004-070; and26
WHEREAS, the Planning Commission did on the 3rd day of January 2007
28 consider HDP 02-Olxl; and
1 WHEREAS, the Planning Commission did, on August 20, 2008, hold a duly
2 noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony4
c and arguments, if any, of persons desiring to be heard, said Commission considered all factors
6 relating to the Hillside Development Permit extension.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
o Commission as follows:
9 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
11 APPROVES KIRGIS SUBDIVISION - HDP 02-01X2 based on the following
findings and subject to the following conditions:
13 Findings:
14 1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly
16 identified on the constraints map.
17 3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the proposed hillside alteration will not
18 result in substantial damage or alteration of a significant natural resource area,
wildlife habitat or native vegetation and has to the greatest extent followed the
19 natural topography.
20 4. That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
21 in that none of the "undevelopable" lands identified in this section of the zoning
22 ordinance are present on-site.
5. That the project design substantially conforms to the intent of the concepts illustrated in
23 the Hillside Development Guidelines Manual, in that project pads step downward from
24 the northeast to the southwest similar to the natural topography of the site.
6. That the project design and lot configuration minimizes disturbance of hillside lands, in
25 that no more than 25% of the gross site area is within the limits of hillside alteration.
26 7. That the applicant has been pursuing those acts required to obtain a final map of
CT 02-06 including identifying and acquiring mitigation land and preparing
27 improvement plans and bonds.
28 8. That a two-year extension is appropriate in that the applicant has expended funds
for the identification and acquisition of mitigation land in the City of Carlsbad
which is increasingly more difficult as well as for the preparation of improvement
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plans; the development of the site with 5 custom homes will also include the
2 preservation of 16.5 acres of open space which will benefit the City's Open Space
preserve system; and would allow the owner/applicant to preserve existing property
3 entitlements while the extensions satisfy the conditions for a 7 lot subdivision (GPA
03-01, ZC 03-01, LCPA 03-01, CT 02-06, PUD 02-02, CDP 02-05 and HDP 04-01).4 9. The Planning Director has determined that:
a. the project is a project for which a Mitigated Negative Declaration and
g Mitigation Monitoring and Reporting Program, Kirgis Subdivision, HDP 02-
01, dated March 2, 2004, (City Council Resolution No. 2004-067) was
7 previously adopted [ 15162];
g b. this project is consistent with the project cited above;
c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program was adopted in connection with the prior project or plan;
10 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
12 e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Section 15162 exists.
10. The Planning Commission has reviewed each of the exactions imposed on the Developer
14 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.
16 Conditions:
1' Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
, H recordation or issuance of a grading permit, whichever occurs first.
19 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
20 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
22 issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
23 vested rights are gained by Developer or a successor in interest by the City's approval of
this Hillside Development Permit.
24 2. f^— Staff is authorized and directed to make, or require the Developer to make, all
25 corrections and modifications to the Hillside Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on
26 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.
28 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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
with all requirements of law.
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
or indirectly, from (a) City's approval and issuance of this Hillside Development
g 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)
9 Developer/Operator's installation 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 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.
6. Prior to the issuance of a grading permit, Developer shall submit to the City a Notice of
,., Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
14 City of Carlsbad has issued a(n) Hillside Development Permit by Resolution(s) No.
6442 on the property. Said Notice of Restriction shall note the property description,
15 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 the authority to execute and record an amendment to the notice
17 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest
1 8 7. This approval is granted subject to the approval of CT 02-06x2 and PUD 02-02x2 and is
subject to all conditions contained in Planning Commission Resolutions No. 6440 and
6441 for those other approvals.
20 8. Approval of HDP 02-01X2 by this Planning Commission Resolution No. 6442
supersedes and makes City Council Resolution No. 2004-70 dated March 2, 2004
and Planning Commission Resolution No. 6234 dated January 3, 2007 null and void.
77 9. This approval shall become null and void upon the expiration of Tentative Map CT
23 02-06x2.
24 NOTICE
25 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
26 "fees/exactions."
27 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
28 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
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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 the 20th day August of 2008, by the
following vote, to wit:
AYES: Commissioners Boddy, Cardosa, Douglas, and Chairperson
Whitton
NOES: Commissioners Baker and Montgomery
ABSENT: Commissioner Dominguez
ABSTAIN:
rFRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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