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HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 65061 PLANNING COMMISSION RESOLUTION NO. 6506 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON A 5.05-ACRE SITE 4 GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL FACILITIES MANAGEMENT ZONE 20. 6 CASE NAME: SEASCAPE CASE NO: HDP 06-02 7 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with8 o the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia, 10 "Owner," described as: 11 Parcel IB: 12 The Southwest Quarter of the Southwest Quarter of the 13 Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and 14 Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and ,,. Parcel 2B:lo 17 The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, 18 Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 20 Parcel 3B: 21 An easement for road and public utility purposes over, under, 22 upon and across the westerly 30 feet of the south half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San 24 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat 25 thereof; and 26 Parcel 4B: 27 An easement for road and public utility purposes over, under, 28 along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, 2 State of California, according to the official plat thereof 3 ("the Property"); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) "A" - "BB" dated November 5,2008, on file in the 6 Carlsbad Planning Department, SEASCAPE - HDP 06-02, as provided by Chapter 21.95 of the 7 Carlsbad Municipal Code; and8 WHEREAS, the Planning Commission did on November 5, 2008, consider said 10 request; and 11 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 13 relating to the Hillside Development Permit; and 14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ,... Commission as follows:lo 17. A) That the foregoing recitations are true and correct. 18 B) That based on the evidence presented at the public hearing, the Commission APPROVES. SEASCAPE - HDP 06-02 based on the following findings and subject to the following conditions: 20 Findings: 21 1. That hillside conditions have been properly identified on the constraints map which show 22 existing and proposed conditions and slope percentages; 23 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly 24 identified on the constraints map; 25 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the grading design minimizes the amount of grading, and respects the natural terrain. The pad grades for the proposed subdivision have been designed to step and follow the dominant slope of the land. The project is proposing 21,800 cubic yards of cut, 8,900 cubic yards of 28 fiH» 9,000 cubic yards of remedial grading, and 12,900 cubic yards of export. This will result in a volume of grading equaling 4,320 cubic yards per acre, which is considered "acceptable" under the Hillside Ordinance. PC RESO NO. 6506 -2- 4. That the proposed development or grading will not occur in the undevelopable portions 2 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that no residential development occurs on any natural slopes with an inclination of 3 greater than forty percent, and elevation differential of greater than fifteen feet, and an area of greater than 10,000 square feet.4 <- . That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the grading design minimizes the 6 amount of grading, and respects the natural terrain; and the pad grades for the proposed subdivision have been designed to step and follow the dominant slope of 7 the land, all roof slopes are oriented in the same direction as the slopes, and the building footprints and rooflines are parallel with the natural contours of the slope. The Planning Commission of the City of Carlsbad does hereby find: 10 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 11 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, 13 prior to RECOMMENDING ADOPTION of the project; and 14 b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 17 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 18 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on on the environment. 21 .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 22 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. 24 Conditions: 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation of the final map or issuance of a grading permit, whichever occurs first. 26 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 28 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 PC RESO NO. 6506 -3- issued under the authority of approvals herein granted; record a notice of violation on the 2 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 3 or a successor in interest by the City's approval of this Hillside Development Permit. 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 them internally consistent and in conformity with the final action on the project. 5 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 7 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. 9 4. If any condition for construction of any public improvements or facilities, or the payment 10 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 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. 13 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 14 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 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 17 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 18 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 2Q approval is not validated. 21 6. This approval is granted subject to the approval of a Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program, GPA 05-11, ZC 05-10, LCPA 05- 22 06, CT 05-18, PUD 05-14, SDP 05-12, CDP 05-37, and BMP 07-09 and is subject to all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6501, 6502, 6503, 6504, 6505, and 6507, for those other approvals incorporated herein by 24 reference. 25 7. This approval shall become null and void if building permits are not issued for this project within two (2) years of Coastal Commission approval of LCPA 05-06. 26 27 28 PC RESO NO. 6506 -4- 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 November 5, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton ABSENT: Commissioner Douglas ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6506 -5-