HomeMy WebLinkAbout2009-03-18; Planning Commission; Resolution 65431 PLANNING COMMISSION RESOLUTION NO. 6543
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE A 1.06
4 ACRE LOT INTO 5 SINGLE FAMILY RESIDENTIAL LOTS
ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF HIGHLAND DRIVE, ON THE WEST SIDE OF
6 JAMES DRIVE, AND SOUTH OF TAMARACK AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
7 CASE NAME: HIGHLAND JAMES SUBDIVISION
CASE NO: HDP 08-038
o WHEREAS, Robert Ladwig, "Developer," has filed a verified application with
10 the City of Carlsbad regarding property owned by George Kenneth Alameda, "Owner,"
11 described as
12 All That Portion of the Northwesterly 256.7 Feet of That
13 Portion of Tract Two Hundred Forty-Seven (247) of Thum
Lands, in the County of San Diego, State of California,
14 According to Map Thereof No. 1681, Filed in the Office of the
County Recorder of San Diego County, December 9,1915
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Hillside
18 Development Permit as shown on Exhibits "A" - "E" dated March 18, 2009, on file in the
19 Carlsbad Planning Department, HIGHLAND JAMES SUBDIVISION - HDP 08-03, as
20 provided by Chapter 21.95 of the Carlsbad Municipal Code; and
21
WHEREAS, the Planning Commission did on March 18, 2009, consider said
22
request; and
24 WHEREAS, at said hearing, upon hearing and considering all testimony and
25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2° relating to the Hillside Development Permit; and
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES, HIGHLAND JAMES SUBDIVISION - HDP 08-03 based on the
following findings and subject to the following conditions:
3
Findings:
4
- 1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages;
6
2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly
7 identified on the constraints map;
o 3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the hillside conditions of the project have
been properly identified on the constraints map, which show existing and proposed
10 conditions and slope percentages; the proposed pad grades are terraced and follow
the natural slope of the property; the project grading volumes (1,466 cubic
yards/acre) are within the "acceptable" range, and; the project proposes only
minimal encroachment (50 square feet) into the 40% gradient natural slope which
bisects the property.
13
4. That the proposed development or grading will not occur in the undevelopable portions
14 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that the project proposes only minimal encroachment (50 square feet) into natural
slopes of 40% or greater gradient as allowed by Section 21.53.230(4) of the Carlsbad
Municipal Code.
17 5. 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
18 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
19 the land.
20 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
21 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
22 degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
24
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
25 recordation of the final map or issuance of a grading permit, whichever occurs first.
2" 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
implemented and maintained according to their terms, the City shall have the right to
28 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
PC RESO NO. 6543 -2-
property title; institute and prosecute litigation to compel their compliance with said
2 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.
3
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
, 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
5 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.8
o 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
10 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
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
14 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
nondiscretionary, in connection with the use contemplated herein, and
17 (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
18 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.
20 6. This approval is granted subject to the approval of ZC 08-01, CT 08-06, and CDP 08-17
21 and is subject to all conditions contained in Planning Commission Resolutions No. 6540,
6541, and 6542 for those other approvals incorporated herein by reference.
22
7. This approval shall become null and void if the recordation of the final map is not
recorded for this project within 24 months from the date of project approval.
24
8. Prior to the recordation of the final map or issuance of a grading permit, whichever
25 occurs first, 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
27 interested parties and successors in interest that the City of Carlsbad has issued a Hillside
Development Permit by Resolution(s) No. 6543 on the property. Said Notice of
28 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
PC RESO NO. 6543 -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
authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
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 March 18, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas,
Whitton, and Chairperson Montgomery
MARTELL B. MONTGOMERY,%hairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6543 -4-