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HomeMy WebLinkAbout2008-12-17; Planning Commission; Resolution 65161 PLANNING COMMISSION RESOLUTION NO. 6516 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT, SUP 05-08, TO ALLOW 4 FOR THE SUBDIVISION OF A 0.94-ACRE LOT INTO TWO 5 SINGLE-FAMILY LOTS, INCLUDING ONE PANHANDLE LOT, GENERALLY LOCATED ON THE WEST SIDE OF EL 6 CAMINO REAL AND THE EAST SIDE OF EUCALYPTUS LANE, WITHIN THE MELLO II SEGMENT OF THE CITY'S 7 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 . 8 CASE NAME: EUCALYPTUS ESTATES 9 CASE NO: SUP 05-08 10 WHEREAS, Guy Oliver and Lisa Oliver, "Developer/Owner," has filed a See Attachment "A" verified application with the City of Carlsbad regarding property described as 12 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Scenic Corridor 15 Special Use Permit as shown on Exhibits "A - B" dated December 17, 2008, on file in the 17 Planning Department, EUCALYPTUS ESTATES - SUP 05-08, as provided by Chapter 21 .40 1 8 of the Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did on December 17, 2008 hold a duly 20 noticed 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 EUCALYPTUS ESTATES - SUP 05-08, based on the following findings and subject to the following conditions: 3 Findings: The proposed project conforms to the intent of the Scenic Preservation Overlay in that r the project (two, minimum 12,000+ square foot single-family lots at a density of 2.53 du/ac) complies with the low intensity residential land use development standards 6 and design guidelines of the El Camino Real Corridor Development Standards. Although no development beyond the subdivision of the property and improvements to El Camino Real are proposed at this time, the project will maintain the rural character of area, adequate setbacks and building height will be provided, and grading will be minimized at such a time when Parcel 2 is developed. In addition, 9 the streetscape will be enhanced through improvements to El Camino Real. The project does not impact scenic views along El Camino Real as the existing 20-foot- 10 tall adjacent road cut slope does not afford any scenic views and the existing development on Parcel 1 will screen a large portion of any future development proposed on Parcel 2. 12 2. The proposed project implements the goals and objectives of the General Plan in 1.3 that it proposes two single-family lots with density of 2.53 dwelling units per acre (2 du) and falls within the General Plan Land Use designation of RLM with a density range of 0-4 du/ac, and below the RLM Growth Management Control Point (GMCP) of 3.2 du/ac used for the purpose of calculating the City's compliance with Government Code Section 65863. At the RLM GMCP, 2.52 units would be 16 permitted on this 0.79-acre (net developable) property. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which 17 were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, including fractional units, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units (0.52) are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the 20 Housing Element allowing residential development with a unit capacity, adequate to satisfy the City's share of the regional housing need. As proposed and conditioned, the project also complies with the General Plan objectives to enhance the scenic __. quality of the roadway and minimize impacts to sensitive resources and water quality. 23 3. That the Planning Director has determined that the project belongs to a class of projects 24 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 preparation of environmental documents pursuant to Sections 15315 (Minor Land 26 Divisions) of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA 27 Guidelines do not apply to this project. 28 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) and the landscape provisions PCRESONO. 6516 -2- of the El Camino Real Corridor Standards in that at such a time when the frontage 2 improvements to El Camino Real are completed, the project has been conditioned to require a landscape plan. Said improvements to El Camino Real will be required to 3 comply with the City's Landscape Manual and the El Camino Real Corridor Standards. 4 5. 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 g degree of the exaction is in rough proportionality to the impact caused by the project. 7 Conditions: o0 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation o of the parcel map. 10 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 11 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 13 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 14 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 Special Use Permit. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit document(s) necessary to make them 17 internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, 18 different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2Q regulations in effect at the time of building or grading permit issuance. 21 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 22 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 24 all requirements of law. 25 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 27 , 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 28 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 PCRESONO. 6516 -3- and operation of the facility permitted hereby, including without limitation, any and all 2 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 3 concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the approval of CDP 05-34 and is subject to all r conditions contained in Planning Commission Resolution No. 6515 incorporated herein by reference and the approval letter for MS 05-34 signed by the City of Carlsbad City 6 Engineer incorporated herein by reference. 7. Prior to recordation of the parcel map, a landscape plan, to the satisfaction of the „ Planning Director and the City Engineer, shall be required for the frontage improvements along El Camino Real. Said improvements shall be consistent with 9 the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) and the landscape provisions of the El Camino Real 10 Corridor Standards. 8. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 13 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14 9. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the 16 project's building, improvement, and grading plans. 17 10. Prior to the recordation of the parcel map, the 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 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit and Special Use Permit by 20 Resolutions No. 6515 and 6516 on the property. Said 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 the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of 23 good cause by the Developer or successor in interest. 24 Code Reminders 25 The project is subject to all applicable provisions of local ordinances, including but not limited to 26 the following code requirements: 27 11. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. PCRESONO. 6516 -4- 12. Developer shall pay a landscape plan check and inspection fee as required by Section 2 20.08.050 of the Carlsbad Municipal Code. 3 13. 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. NOTICE 6 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." 9 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 12 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 15 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6516 -5- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on December 17, 2008 by the following vote, to wit: AYES: NOES: Commissioners Baker, Cardosa, Dominguez, Douglas, Montgomery, and Whitton ABSENT: Commissioner Boddy ABSTAIN: ^RANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6516 -6- SUP 05-08 EUCALYPTUS ESTATES ATTACHMENT "A" LEGAL DESCRIPTION Parcel 1: That Portion of Lot "I" of the Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of said County, November 15,1896, lying within the following described parcel of land: Beginning at corner No. 2 of said Lot "I"; thence along the northerly prolongation of that portion of the easterly line of said Lot "I" between corners No. 1 and 2 of said lot, North 2° 29'40" West (record North 3° West) 21.84 feet to an intersection with the center line of the County Road Survey No. 682, as the same is described in easement deed to the County of San Diego, dated May 27, 1936 and recorded in Book 521, Page 230 of Official Records of said County, said point of intersection being also the southeasterly corner of the land described in Quitclaim Deed to Horace H. Kelly, recorded January 22, 1951 as Instrument No. 9613 in Book 3942, Page 34 of Official Records; thence along the southerly line of said Kelly land as follows: along the said center line of the road, North 67° 10' West 897.21 feet to an angle point therein; thence continuing along said center line north 64° 35' West 546.22 feet to the true point of beginning; thence continuing north 64° 35' West 155 feet to the beginning of a tangent 1000.00 foot radius curve concave southerly; thence westerly along said curve, 7.00 feet through an angle of 0'24' 04"; thence south 14° 56'40" West 344.93 feet to the southerly line of that land described in deed to Lela Maish Johnson, recorded December 24, 1958 as Instrument No. 216749 in Book 7413, Page 215 of Official Records; thence along said southerly line south 71' 20' East 100.00 feet to a line which bears south 25° 25' East 327.43 feet to the true point of beginning; Excepting therefrom an undivided 1/3 interest in and to all oil, gas, sand, clay, rock and other mineral rights, as reserved by W.S. Kelly and Lavinia J. Kelly and their survivors in deed recorded April 6, 1945 in Book 1840, Page 498 of Official Records; and Parcel 2: An easement and right-of-way for road, sewer, water, gas, power and telephone lines and appurtenances thereto, to be used in common with the grantor's and other, over, under, along, and across a strip of land 30.00 feet wide in Lot "T" of the Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of said County, November 16,1896, the center line of said 30.00 foot strip being described as follows: SUP 05-08 EUCALYPTUS ESTATES Beginning at corner No. 2 of said Lot "I"; thence along the northerly prolongation of that portion of the easterly line of said Lot "I" between corners No. 1 and 2 of said lot, North 2° 29'40" West (record North 3° West) 21.84 feet to an intersection with the center line of the County Road Survey No. 682, as the same is described in easement deed to the County of San Diego, dated May 27, 1936 and recorded in Book 521, Page 230 of Official Records of said County, said point of intersection being also the southeasterly corner of the land described in Quitclaim Deed to Horace H. Kelly, recorded January 22, 1951 as Instrument No. 9613 in Book 3942, Page 34 of Official Records; thence along the southerly line of said Kelly land as follows: along the said center line of the road, North 67° 10' West 897.21 feet to an angle point therein; thence continuing along said center line North 64° 35' West 546.22 feet to the true point of beginning; thence continuing north 64° 35' West 701.22 feet to the beginning of a tangent 1000.00 foot radius curve, 319.27 feet through an angle of 18° 17' 34"; thence leaving said center line South 3° 18' 40" East 355.96 feet to the true point of beginning of the herein described center line; thence South 71° 20' East 480.66 feet to the beginning of a tangent 150.00 radius curve concave northerly; thence easterly along said curve, 277.15 feet through an angle of 86° 46'; thence tangent to said curve, North 21° 54' East 148.31 feet to said centerline of the County road, said 30.00 strip being in a line which bears South 3° 10' 40" East through the true point of beginning and ends in the southwesterly line of said County road; Excepting from said easement and right of way, that portion thereof which lies within Parcel 1 described above.