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Home My WebLink About2009-07-15; Planning Commission; Resolution 6606PLANNING COMMISSION RESOLUTION NO. 6606 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC 3 CORRIDOR SPECIAL USE PERMIT TO SUBDIVIDE A 10.16 ACRE SITE INTO 26 SINGLE FAMILY LOTS AND ONE OPEN 4 SPACE LOT ON PROPERTY GENERALLY LOCATED AT s THE NORTHEAST END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL CAMINO REAL IN LOCAL 6 FACILITIES MANAGEMENT ZONE 24. CASE NAME: TABATA 10 7 CASE NO: SUP 06-08 8 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified 9 application with the City of Carlsbad regarding property described as 10 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the 11 City of Carlsbad, County of San Diego, State of California Rec. ,~ March 21, 1974 in the Office of the County Recorder of said San Diego County 13 ('the Property"); and 14 WHEREAS, said verified application constitutes a request for a Scenic Corridor 16 Special Use Permit as shown on Exhibits "A" - "L" dated July 15, 2009, on file in the Planning 17 Department, TABATA 10 - SUP 06-08, as provided by Chapter 21.40 of the Carlsbad 1 8° Municipal Code; and 19 WHEREAS, the Planning Commission did on the 15th day of July, 2009 hold a 20 duly 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 TABATA 10 - SUP 06-08, based on the following findings and subject to the following conditions: 3 Findings:4 r 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that as discussed in Section H of the staff report the project complies with the provisions of 6 the El Camino Real Corridor Development Standards. Specifically, the proposed single family residential project supports the rural residential design theme of Area 7 3 along the scenic corridor, the lots and the future dwelling units are adequately setback from El Camino Real, and the proposed landscaped and contoured berm will visually buffer future homes on the proposed lots as viewed from El Camino 9 Real. The project does not obscure scenic views or impair traffic safety along El Camino Real. 10 2. The proposed project implements the goals and objectives of the General Plan in that the property is proposed to be developed with 26 single-family lots (3.03 du/ac) which is 12 consistent with the Residential Low-Medium Density (RLM) land use designation (0-4 du/ac). 13 3. Compliance with the grading standard which requires less than 10 feet of fill from 14 original grade is infeasible for the Tabata 10 project, in that (a) the project requires ,. sound attenuation from El Camino Real, and (b) a sound wall instead of the proposed landscaped and contoured berm would be less attractive and inconsistent 16 with the aesthetic objectives of the El Camino Real Scenic Corridor Standards. 17 4. That the scenic qualities of the corridor will continue to be maintained if the grading standard is not fulfilled, in that the proposed landscaped and contoured berm along El Camino Real is designed to blend the project with the slopes on neighboring 19 properties to the north and south of the project site and will be a much improved appearance compared to a sound wall. 20 5. That the project will not have an adverse impact on traffic safety, in that the project grading will not cause a sight distance problem along El Camino Real; the project 22 has adequate road access; and the surrounding roads that will service the development, including El Camino Real, have adequate capacity for the future trips 23 generated by the project. 24 6. That the project is designed so as to meet the intent of the scenic preservation overlay zone, in that in that the proposed landscaped and contoured berm will blend with neighboring properties and reduce the visual impact of future homes on this 26 property as viewed from El Camino Real. 27 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 degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 6606 -2- Conditions: 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 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 ^ revoke or modify all approvals herein granted; deny or further condition issuance of all e- 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 6 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 7 or a successor in interest by the City's approval of this Special Use Permit. o 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 9 and modifications to the Special Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 10 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. * 2 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. 13 4. If any condition for construction of any public improvements or facilities, or the payment 14 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 16 unless the City Council determines that the project without the condition complies with all requirements of law. 17 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 j9 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 20 or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 21 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 23 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. 24 6. This approval is granted subject to the approval of Mitigated Negative Declaration and 25 Mitigation Monitoring and Reporting Program and GPA 06-04, LCPA 06-02, ZC 06- 26 03, CT 06-13, CDP 06-19 and HDP 07-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6601, 6602, 6603, 6604, 6605, 6607 and 6608 27 for those other approvals incorporated herein by reference. 28 PC RESO NO. 6606 -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 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 July 15, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery MARTELL B. MONTGOMERYpfhairperson CARLSBAD PLANNING COMMISSION DON NEU Planning Director PC RESO NO. 6606 -4-