HomeMy WebLinkAbout2008-10-01; Planning Commission; Resolution 64781 PLANNING COMMISSION RESOLUTION NO. 6478
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO ALLOW FOR THE
4 SUBDIVISION, GRADING AND DEVELOPMENT OF A
1.08-ACRE SITE INTO TWO (2) RESIDENTIAL PARCELS,
ONE (1) COMMON AREA PARCEL, AND ONE (1) OPEN
6 SPACE PARCEL;r AND THE CONSTRUCTION OF TWO
SINGLE-FAMILY RESIDENCES ON PROPERTY
7 GENERALLY LOCATED ON THE SOUTH SIDE OF ADAMS
STREET ALONG THE NORTH SHORE OF THE AGUA
8 HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND
9 PARK DRIVE WITHIN THE AGUA HEDIONDA SEGMENT
OF THE LOCAL COASTAL PROGRAM AND LOCAL
10 FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ADAMS STREET SUBDIVISION
11 CASE NO: HDP 05-12
12 WHEREAS, Planning Systems, "Developer," has filed a verified application
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with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and
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David Graham, "Owner," described as
I fi The southeasterly 127.0 feet measured at right angles of Lot 5
and that portion of Lot 6, in Block "D" of Bella Vista, in the
17 City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 2152, filed in the Office of the
18 County Recorder of said San Diego County, March 7, 1929,
lying westerly of a line and the prolongations thereof that is
drawn parallel with and distant 300 feet westerly measured at
20 right angles from the easterly line of Lot 6
21 ("the Property"); and
22 WHEREAS, said verified application constitutes a request for a Hillside
3 Development Permit as shown on Exhibits "A" - "DD" dated October 1, 2008, on file in the
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Carlsbad Planning Department, ADAMS STREET SUBDIVISION - HDP 05-12, as provided
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by Chapter 21.95 of the Carlsbad Municipal Code; and
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27 WHEREAS, the Planning Commission did on October 1, 2008, consider said
28 request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and
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arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Hillside Development Permit; and4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission as follows:
7 A) That the foregoing recitations are true and correct.
o B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES ADAMS STREET SUBDIVISION - HDP 05-12 based on the
following findings and subject to the following conditions:
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Findings:
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1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
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2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly
14 identified on the constraints map.
'^ 3. That the development proposal is consistent with the intent, purpose, and requirements of
Ig the Hillside Ordinance, Chapter 21.95, in that hillside conditions are properly
identified and incorporated into the design; the alteration of the natural hillsides
17 will be done in an environmentally sensitive manner; the site has been designed to
step development consistent with the natural terrain sloping from north to south;
18 the roof slopes are oriented in the same direction as the slope; the building
footprints and rooflines are parallel with the natural contours of the slope; the
grading quantities are within "acceptable" levels (less than 8,000 cubic yards per
20 acre); and the project will implement NPDES measures to reduce runoff and avoid
erosion.
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4. That the proposed development or grading will not occur in the undevelopable portions
22 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that the residential development area has been clustered in the northeasterly
corner of the site to avoid impacts to sensitive habitats and dual criteria slopes. No
24 development occurs on any natural slopes of forty percent or greater that have an
elevation differential of greater than fifteen feet and a minimum area of ten
25 thousand square feet. The residential development area is setback 100 feet from
wetlands located along the Agua Hedionda Lagoon. No development occurs within
the lagoon and/or flood ways; and, no major power transmission easement, riparian
27 or woodland habitat exist onsite.
28 5. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the site has been designed to step
development consistent with the natural terrain sloping from north to south; the
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roof slopes are oriented in the same direction as the slope; and the building
2 footprints and rooflines are parallel with the natural contours of the slope.
3 6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that development is clustered on the northeasterly portion of the site to avoid steep
^ slopes and sensitive habitat, stepped retaining walls are used to minimize the
<- grading footprint and maximize hillside and habitat preservation, and the proposed
residences are each uniquely designed to step with topography and minimize
6 grading impacts to the site.
7 7. 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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
o degree of the exaction is in rough proportionality to the impact caused by the project.
10 Conditions:
11 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of a grading permit, whichever occurs first.
13 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
14 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
,,- 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
17 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside Development Permit documents, as necessary to make
20 them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
21 development, different from this approval, shall require an amendment to this approval.
22 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.
24 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
25 are 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 unless the City Council determines that the project without the condition complies
27 with all requirements of law.
28 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
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and costs, including court costs and attorney's fees incurred by the City arising, directly
2 or indirectly, from (a) City's approval and issuance of this Hillside Development
Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
3 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
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
6 approval is not validated.
7 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 06-08, ZC 06-07, LCPA
8 06-08, V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning
9 Commission Resolutions No. 6474, 6475, 6476, 6477, 6479, and 6480 for those other
approvals incorporated herein by reference, and is subject to all conditions contained
10 in the Planning Director's approval letter for PUD 05-19 and the City Engineer's
approval letter for MS 05-29.
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Prior to issuance of a Grading Permit, the Developer shall apply for and obtain
approval of a Coastal Development Permit issued by the California Coastal Commission
13 or its successor in interest that substantially conforms to this approval. A signed copy of
the Coastal Development Permit must be submitted to the Planning Director. If the
14 approval is substantially different, an amendment to HDP 05-12 shall be required.
8. This approval shall become null and void if building permits are not issued for this
project within 4 years from the date of City Council's approval of GPA 06-08, ZC 06-
07, and LCPA 06-08.
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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 October 1, 2008, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, and
Chairperson Whitton
ABSENT: Commissioners Douglas and Montgomery
ABSTAIN:
/HITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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