HomeMy WebLinkAbout2010-10-06; Planning Commission; Resolution 66741 PLANNING COMMISSION RESOLUTION NO. 6674
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE 3.91
4 ACRES INTO SEVEN SINGLE-FAMILY RESIDENTIAL LOTS
AND ONE OPEN SPACE LOT FOR THE FUTURE
DEVELOPMENT OF SEVEN SINGLE FAMILY RESIDENCES
6 ON PROPERTY GENERALLY LOCATED SOUTH OF EL
FUERTE STREET AND NORTH OF CACATUA STREET IN
7 LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: EL FUERTE VIEW
8 CASE NO: HDP 04-06
9 WHEREAS, Michael Schmidt and Nataliya Orlova, "Owner/Developer," has
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filed a verified application with the City of Carlsbad regarding property described as
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, Lot 552 of La Costa Meadows Unit 3 in the City of Carlsbad,
County of San Diego, State of California, according to Map
13 thereof No. 7076, filed in the Office of the County Recorder of
San Diego County, October 16,1971
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("the Property"); and
,,- WHEREAS, said verified application constitutes a request for a Hillside
17 Development Permit as shown on Exhibit "A" dated September 1, 2010, on file in the Carlsbad
18 Planning Department, EL FUERTE VIEW - HDP 04-06, as provided by Chapter 21.95 of the
19 Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did on March 17, 2010, April 7, 2010,
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September 1, 2010 and October 6, 2010, consider said request; and
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~ WHEREAS, at said hearings, upon hearing and considering all testimony and
24 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the Hillside Development Permit.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 Commission as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES EL.FUERTE VIEW - HDP 04-06 based on the following findings
and subject to the following conditions:
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Findings:4
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
n the Hillside Ordinance, Chapter 21.95, in that hillside conditions are properly
identified and incorporated into the design; the alteration of the natural hillsides
10 will be done in an environmentally sensitive manner; the grading quantities are
within "potentially acceptable" levels (between 8,000 and 10,000 cubic yards per
11 acre) and is justified since it achieves a grading scheme that results in pad elevations
which are at the same grade elevations as El Fuerte Street. Keeping the lot pads at
the same elevation as El Fuerte Street minimizes the visual presence of the project.
13 In addition, and consistent with the Hillside Ordinance, the proposed lots are
terraced and designed with split pads to follow the existing topography; the project
14 does not propose any manufactured slopes exceeding 40 feet in height; and all
manufactured slopes will be landscaped and screened in accordance with the
*^ Hillside Development and Design Guidelines and also the City of Carlsbad's
-.s Landscape Manual and, the project will implement NPDES measures to reduce
runoff and avoid erosion.
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4. That the proposed development or grading will not occur in the undevelopable portions
18 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that the residential development area has been clustered to avoid impacts to the
greatest extent feasible to sensitive habitats. No development occurs on any natural
20 slopes of forty percent or greater that have an elevation differential of greater than
fifteen feet and a minimum area of ten thousand square feet. No major power
21 transmission easement, riparian or woodland habitat exist onsite.
22 5. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the site has been designed to step
development consistent with the natural terrain.
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6. That the project design and lot configuration minimizes disturbance of hillside lands, in
25 that development is clustered to avoid steep slopes and sensitive habitat, and
retaining walls are used to minimize the grading footprint and maximize hillside
2" and habitat preservation.
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PC RESO NO. 6674 -2-
Conditions:
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
3 recordation of CT 04-13 as a final map or the issuance of a grading permit,
whichever occurs first.4
,- 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
6 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
7 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
property title; institute and prosecute litigation to compel their compliance with said
o 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
11 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
13 development, different from this approval, shall require an amendment to this approval.
14 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.
is 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
17 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
18 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
20 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
21 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
22 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
24 (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
25 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.
27 6. Developer shall submit to the Planning Director a reproducible 24" x 36", mylar copy
28 of the Site Plan reflecting the conditions approved by the final decision-making body.
PC PvESO NO. 6674 -3-
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
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8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
^ school facilities.
6 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to
7 that Plan prior to the issuance of building permits.
8 10. Developer shall implement, or cause the implementation of, the El Fuerte View Project
Mitigation Monitoring and Reporting Program.
10 11. This approval is granted subject to the approval of the Mitigated Negative Declaration,
GPA 09-08, ZC 09-09, CT 04-13, and HMP 09-10 and is subject to all conditions
11 contained in Planning Commission Resolutions No. 6669, 6670, 6671, 6672, and 6675
for those other approvals incorporated herein by reference.
13 12. This approval shall become null and void with the expiration or withdrawal of CT
04-13 or if grading permits are not issued for this project within 24 months from the
14 date of recordation of CT 04-13 as a Final Map.
13. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
17 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
20 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
21 Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
22 approval will not be consistent with the General Plan and shall become void.
23 15. Prior to the recordation of CT 04-13 as a final map, Developer shall submit to the City
24 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
25 Planning Director, notifying all interested parties and successors in interest that the City
of Carlsbad has issued a Hillside Development Permit by Resolution No. 6674 on the
property. Said Notice of Restriction shall note the property description, location of the
27 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
28 Planning Director has the 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.
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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 October 6, 2010, by the following vote,
to wit:
AYES: Commissioners Baker, Dominguez, Montgomery, Nygaard and
Schumacher
NOES: Vice Chairperson L'Heureux
ABSENT: Chairperson Douglas
ABSTAIN:
STEPHEN "HAP" L'HEUREUX, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6674 -5-