HomeMy WebLinkAbout2008-08-20; Planning Commission; Resolution 64531 PLANNING COMMISSION RESOLUTION NO. 6453
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT EXTENSION (HDP
4 04-07x1) TO GRADE AND SUBDIVIDE A 2.79 ACRE SITE
INTO 14 RESIDENTIAL LOTS AND 3 OPEN SPACE/
RECREATION/PRIVATE DRIVEWAY LOTS ON PROPERTY
6 GENERALLY LOCATED ON THE WEST SIDE OF DONNA
DRIVE AND NORTH OF CARLSBAD VILLAGE DRIVE
7 WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: TRAILS END
8 CASE NO: HDP 04-07x1
9 WHEREAS, Luke Development, LLC, "Developer/Owner," has filed a verified
10
application with the City of Carlsbad regarding property described as
11
That Portion of Lot 7 of Section 32, Township 11 South, Range
4 West, San Bernardino Meridian, in the City of Carlsbad,
I3 County of San Diego, State of California, according to official
Plat thereof, as described in Attachment "A"
14
("the Property"); and
lfi WHEREAS, said verified application constitutes a request for a Hillside
17 Development Permit Extension (HDP 04-07x1) as shown on Exhibits "A" - "P" dated March
18 1, 2006, on file in the Carlsbad Planning Department, TRAILS END - HDP 04-07, as provided
by Chapter 21.95 of the Carlsbad Municipal Code; and
20 WHEREAS, on March 1, 2006, the Planning Commission approved, HDP
21
04-07, as described and conditioned in Planning Commission Resolution No. 6036; and
22
WHEREAS, on June 27, 2006, the City Council adopted the Mitigated
24 Negative Declaration and Mitigation Monitoring and Reporting Program for the Trails
25 End project, as described and conditioned in City Council Resolution No. 2006-143; and
26 WHEREAS, the Planning Commission did on August 20, 2008, hold a duly
27 noticed public hearing as prescribed by law to consider HDP 04-07x1; and
28
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2 relating to the Hillside Development Permit Extension.
3
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
4
Commission as follows:
5 A) That the forego ing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Commission
APPROVES TRAILS END - HDP 04-07x1 based on the following findings
and subject to the following conditions:
9 Findings:
10
1. All findings contained in Planning Commission Resolution No. 6036 dated March 1,
11 2006 for HDP 04-07 are incorporated herein by reference and remain in effect.
12 2. The Planning Commission has reviewed each of the exactions imposed on the Developer
i ^ 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
14 degree of the exaction is in rough proportionality to the impact caused by the project.
15 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
i y recordation or issuance of a grading permit, whichever occurs first.
18 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
19 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
21 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
22 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
extension.
24 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
25 and modifications to the Hillside Development Permit extension 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.
PC RESO NO. 6453 -2-
4. If any conditions for construction of any public improvements or facilities, or the
2 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
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
4 with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
5 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
7 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 Permit
extension, (b) City's approval or issuance of any permit or action, whether discretionary
o or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
10 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
11 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
13 6. This approval is granted subject to the approval of Tentative Tract Map CT 04-14(A)xl
and Planned Unit Development Permit PUD 04-12x1 and is subject to all conditions
14 contained in Planning Commission Resolution No. 6452 and 6454 for these other
approvals.
lfi 7. All the conditions contained in Planning Commission Resolution No. 6036 dated
March 1, 2006, for HDP 04-07 are incorporated herein by reference and remain in
17 effect.
18 8. This approval shall become null and void upon the expiration of Tentative Map
CT 04-14(A)xl.19
20 NOTICE
21 Please take NOTICE that approval of your project includes the "imposition" of fees,
99 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
23
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
24 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
2f. follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
27
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
28 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
PC RESO NO. 6453 -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 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 August 20, 2008, by the following vote,
to wit:
AYES: Commissioners Boddy, Cardosa, Douglas, Montgomery, and
Chairperson Whitton
NOES:Commissioner Baker
ABSENT: Commissioner Dominguez
ABSTAIN:
^RANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6453 -4-
ATTACHMENT "A"
Page 1 DESCRIPTION
Order No. 53010268
THAT PORTION OF LOT 7 OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA. ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE ALONG THE WEST LINE OF
SAID LOT 7, SOUTH 1°32'19" WEST 360.00 FEET; THENCE ALONG THE STRAIGHT LINE DRAWN
THROUGH THE NORTHWEST CORNER OF LOT 6 OF FALCON HILL UNIT NO. 3, ACCORDING TO
MAP THEREOF NO. 5520. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SOUTH 88*43'21" EAST 264.90 FEET; THENCE NORTH 36°59'11" EAST 208.57 FEET TO THE
BEGINNING OF A TANGENT 892.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE 266.77 FEET THROUGH AN ANGLE OF 17"08'07" TO THE
NORTH LINE OF SAID LOT 7; THENCE NORTH 88*41'14" WEST 570.54 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS DAF:
EXCEPTION PARCEL A:
ALL OF THAT PORTION OF LOT 7. OF SECTION 32, TOWNSHIP 11 SOUTH. RANGE 4 WEST.
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, DESCRIBED AS
FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, BEING ALSO THE SOUTHWEST CORNER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32;
THENCE SOUTH 8901V20" EAST, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF
353.62 FEET TO THE TRUE POINT OF BEGINNING OF THAT PORTION TO BE DESCRIBED.
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 24"15'57" EAST, A DISTANCE OF
156.94 FEET TO THE SOUTHEASTERLY BOUNDARY OF GRANTOR'S PROPERTY BEING A POINT ON
AN 892.00 FOOT RADIUS CIRCULAR CURVE, CONCAVE SOUTHEASTERLY (FROM SAID POINT THE
CENTER OF SAID CURVE BEARS SOUTH 49°33>44" EAST);
THENCE NORTHEASTERLY ALONG SAID CURVE, AND SAID GRANTOR'S BOUNDARY, AN ARC
DISTANCE OF 206.00 FEET, THROUGH AN ANGLE OF 13"13'54", TO THE NORTH LINE OF SAID
LOT 7;
THENCE NORTH 89'11'20" WEST. ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF
214.98 FEET TO THE TRUE POINT OF BEGINNING OF THE PORTION DESCRIBED.
EXCEPTION PARCEL B:
ALL OF THAT PORTION OF LOT 7, OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDAIN.L IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, DESCRIBED AS
FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, BEING ALSO THE SOUTHWEST CORNER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32;
THENCE SOUTH 89*1V20" EAST ALONG THE NORTH LINE OF SAID LOT 7 A DISTANCE OF
303.94 FEET TO THE TRUE PONT OF BEGINNING;
Page 2 DESCRIPTIONOrder No. 53010268
THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 24*15'57" EAST A DISTANCE OF
200.85 FEET TO THE SOUTHEASTERLY BOUNDARY OF GRANTOR'S PROPERTY. BEING A POINT
ON THE ARC OF AN 892 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, (FROM SAID POINT
THE CENTER OF SAID CURVE BEARS SOUTH 52'48'16" EAST);
THENCE NORTHEASTERLY ALONG SAID 892 FOOT RADIUS CURVE, THROUGH AN ANGLE OF
3'14'32" FOR AN ARC DISTANCE OF 50.48 FEET;
THENCE NORTH 24"15'57" WEST A DISTANCE OF 156.94 FEET;
THENCE NORTH 89*11'20" WEST A DISTANCE OF 49.68 FEET TO THE TRUE POINT OF
BEGINNING.
(APN: 156-090-41)