HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 6571PLANNING COMMISSION RESOLUTION NO. 6571
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
3 HILLSIDE DEVELOPMENT PERMIT HDP 08-01 TO ALLOW
THE DEVELOPMENT OF AN EIGHT UNIT MULTI-FAMILY
4 RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A
.75-ACRE INFILL SITE GENERALLY LOCATED ON THE
NORTH SIDE OF LA COSTA AVENUE BETWEEN
6 GIBRALTAR STREET AND ROMERIA STREET, IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
7 CASE NAME: LA COSTA VIEWS
CASE NO: HDP 08-018
9 WHEREAS, Legacy Development, LLC, "Owner/Developer," has filed a
10 verified application with the City of Carlsbad regarding property described as
11 Lots 406 and 407 of La Costa South Unit No. 5, in the City of
Carlsbad, County of San Diego, State of California, according
to Map Thereof No. 6600, filed in the office of the County
13 Recorder of San Diego County on March 10,1970
14 ("the Property"); and
15 WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits "A" - "N" dated August 19, 2009, on file in the
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Carlsbad Planning Department, LA COSTA VIEWS - HDP 08-01, as provided by Chapter
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21.95 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did on August 19, 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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~7 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 LA COSTA VIEWS - HDP 08-01, 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
7 identified on the constraints map.
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3. That the development proposal is consistent with the intent, purpose, and requirements of
o the Hillside Ordinance, Chapter 21.95, in that the development complies with the
Hillside Ordinance and the Hillside Guidelines as discussed below: a) the proposed
10 project is consistent with the Land Use and Open Space/Conservation Elements of
the General Plan since the site has been previously graded, there exist no natural
11 hillsides, and although the existing north facing slope is vegetated with coastal sage
scrub, the project site has low value as habitat for endangered, rare or threatened
species; b) the project proposes grading quantities (parking basement excluded) to
13 an "acceptable" quantity of 4,061 cubic yards per acre, will incorporate an
aesthetically pleasing design with rich landscaping, a maximum six foot tall
14 retaining wall along the western property line, and the new eight-unit condominium
project will be compatible with the existing neighborhood; c) the project is
consistent with the Hilltop Architecture and the Slope Edge Building Setback in that
, s all of the units, including the balconies, are set back from the top of slope so that the
building does not intrude into a 7:1 ratio view line (.7 foot horizontal to one foot
17 vertical imaginary diagonal plane that is measured from the slope to the building);
d) the existing north facing hillside is manufactured and although it has been
18 landscaped with natural vegetation (coastal sage scrub), there will be no impacts to
natural slope or resource areas, wildlife habitats or native vegetation areas that
have not already been analyzed, anticipated and authorized by the City's Habitat
2Q Management Plan (HMP) in that the project has been conditioned to pay a Habitat
Management Fee and e) there will be no impact on lagoons or riparian ecosystems
21 in that the project has been conditioned to submit an erosion control plan consistent
with the NPDES permit requirements as required by the Regional Water Quality
22 Control Board and the City of Carlsbad.
0 ^4. That the proposed development or grading will not occur in the undevelopable portions
24 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that the grading proposed is limited to within the existing areas of disturbance
25 established by the previously authorized grading of the site, and no new grading will
occur on the existing northern 1 Yz: 1 manufactured slope.
27 5. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the proposed grading will not
28 occur on the existing northern 1 Vz: 1 manufactured slope located at the rear third of
the site and the project is in compliance with the 7:1 slope edge building setback
requirement.
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6. That the project design and lot configuration minimized disturbance of hillside lands, in
2 that the project is built in the middle of the property avoiding steep slopes and
adheres to the existing grades to the extent possible so that grading quantities are
3 within the acceptable range.
Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading,
5 building, or final map, whichever occurs first.
7 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
0 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
10 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
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.
13 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
14 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
development, 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
17 regulations in effect at the time of building permit issuance.
18 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
20 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
21 with all requirements of law.
22 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
24 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
25 Permit, (b) City's 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 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 energy waves or emissions. This obligation
28 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
PCRESONO. 6571 -3-
6. This approval is granted subject to the approval of CT 08-01 and PUD 08-01 and is
2 subject to all conditions contained in Planning Commission Resolutions No. 6569 and
6570 for these other approvals incorporated herein by reference.
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7. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of project approval.
NOTICE
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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
1 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
\2 annul their imposition.
13 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
i r 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
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 19, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
ABSENT: Chairperson Montgomery
ABSTAIN:
Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6571 -5-