HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 66071 PLANNING COMMISSION RESOLUTION NO. 6607
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE A 10.16
4 ACRE SITE INTO 26 SINGLE FAMILY LOTS AND ONE
OPEN SPACE LOT ON PROPERTY GENERALLY LOCATED
AT THE NORTHEAST END OF CAMINO HILLS DRIVE
5 ALONG THE WEST SIDE OF EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 24.
.7 CASE NAME: TAB ATA 10
CASE NO: HDP 07-03
9 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified
10 application with the City of Carlsbad regarding property described as
11 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the
City of Carlsbad, County of San Diego, State of California Rec.
March 21, 1974 in the Office of the County Recorder of said
13 San Diego County
14 ("the .Property"); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits "A" - "L" dated July 15, 2009, on file in the
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Carlsbad Planning Department, TABATA 10 - HDP 07-03, as provided by Chapter 21.95 of the
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Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did on July 15, 2009, consider said
21 request; and
22 WHEREAS, at said hearing, upon hearing and considering all testimony and
23 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; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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27 Commission as follows:
28 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES TABATA 10 - HDP 07-03 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
identified on the constraints man.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 proposed pad grades are terraced
and follow the natural slope of the property; no natural slopes exceeding 40%
10 gradient exist on the property; manufactured slope heights are consistent with the
standards for maximum height for manufactured slopes; the project proposes
contour grading for the manufactured slope along El Camino Rea! consistent with
Sec. 21.95.120.F; pursuant to the geotechnical report, remedial grading is necessary
to remove and recompact the existing fill and alluvium soils to prepare the site for
13 future development, and excluding remedial grading, the project grading volume
(5,657 cubic yards/acre) is within the "acceptable" range, and; the project proposes
14 only minimal encroachment (6 vertical feet) into the 40% gradient manufactured
slope on the south perimeter of the property.
,,- 4. That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
17 in that the project contains no undevelopable areas as identified by Section 21.53.230
of the Carlsbad Municipal Code.
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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
20 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
21 the land.
22 6. 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
24 degree of the exaction is in rough proportionality to the impact caused by the project.
25 Conditions:
" Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
final map or issuance of a grading permit, whichever occurs first.
28 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
PC RESO NO. 6607 -2-
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 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
3 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
or a successor in interest by the City's approval of this Hillside Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
5 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.
7 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.8
o 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.
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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 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
13 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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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
, f 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
17 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
18 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
20 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
21 approval is not validated.
22 6. This approval is granted subject to the approval of Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and GPA 06-04, LCPA 06-02, ZC
06-03, CT 06-13, SUP 06-08 and CDP 06-19 and is subject to all conditions contained
24 in Planning Commission Resolutions No. 6601, 6602, 6603, 6604, 6605, 6606 and
6608 for those other approvals incorporated herein by reference.
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PC RESO NO. 6607 -3-
1 NOTICE
2
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."
5 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
6 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
12 expired.
13 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
15 wit:
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AYES: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
18 NOES:
19 ABSENT:
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ABSTAIN:
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22
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24 MARTELL B. MONTfOMERYf^nairperson
CARLSBAD PLANNING COMMISSION25
26 ATTEST:
2?"
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DON NEU
Planning Director
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