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Home My WebLink About2012-06-06; Planning Commission; Resolution 6883 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION OF TWO NEW SINGLE FAMILY RESIDENCES (3,388 SF AND 3,068 SF IN AREA) ON TWO EXISTING RESIDENTIAL LOTS, GENERALLY LOCATED ON THE NORTH SIDE OF EUCALYPTUS LANE, WEST OF THE INTERSECTION OF EL CAMINO REAL AND CRESTVIEW DRIVE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: EUCALYPTUS LANE CASE NO: SUP 11-05 WHEREAS, Paolo Ficara, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Pellegrino Ficara, “Owner,” described as Parcels 2 and 3 of Parcel Map No. 20369, Carlsbad Minor Subdivision No. MS 04-18, in the County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of said County, September 26, 2007 ("the Property"); and WHEREAS, said verified application constitutes a request for a Scenic Corridor Special Use Permit as shown on Exhibits “A” – “J” dated June 6, 2012, on file in the Planning Division, EUCALYPTUS LANE – SUP 11-05, as provided by Chapter 21.40 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on June 6, 2012 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Scenic Corridor Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 6883 PC RESO NO. 6883 -2- 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES EUCALYPTUS LANE – SUP 11-05, based on the following findings and subject to the following conditions: Findings: 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that as discussed in the Staff Report, the project complies with all of the applicable provisions of the El Camino Real Corridor Development Standards and that the proposed residential dwelling units will maintain the rural character theme of the roadway and that the buildings are adequately setback from El Camino Real. The project does not obscure scenic views or impair traffic safety along El Camino Real as the existing road cut does not afford any scenic views and the project provides adequate vehicle sight distance. 2. The proposed project implements the goals and objectives of the General Plan in that the property is proposed to be developed with residential uses, which is consistent with the Residential Low-Medium Land Use designation. 3. 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. Conditions: 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 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 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 Special Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 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 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 regulations in effect at the time of building permit issuance. . . . PC RESO NO. 6883 -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 4. This approval is granted subject to the approval of CDP 11-20 and is subject to all conditions contained in Planning Commission Resolution No. 6882 for those other approvals incorporated herein by reference. 5. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 6. 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 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 7. 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 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 Special Use 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 survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 8. 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Special Use Permit by Resolution No. 6883 on the property. Said Notice of 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 City Planner 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. 9. Prior to the issuance of a building permit, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the existing Transportation Corridor (i.e., El Camino Real), in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning Division). 10. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to over flight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #2 on file in the Planning Division).