Loading...
HomeMy WebLinkAbout2010-04-07; Planning Commission; Resolution 66891 PLANNING COMMISSION RESOLUTION NO. 6689 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO ALLOW FOR THE 4 GRADING AND DEVELOPMENT OF A 20.27 ACRE SITE WITH 37 DETACHED AIR-SPACE CONDOMINIUM ONE FAMILY RESIDENCES ON PROPERTY GENERALLY 6 LOCATED NORTH OF AVIARA PARKWAY, SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST 7 OF BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 20. 8 CASE NAME: MUROYA SUBDIVISION 9 CASE NO: HDP 06-10 10 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified 11 application with the City of Carlsbad regarding property owned by Muroya Family Trust, 12 "Owner," described as 13 The East One-Half of the Northeast Quarter of the Northwest 14 Quarter, Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, According to United is States Government Survey 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Hillside 19 Development Permit as shown on Exhibits "A" - "VV" dated April 7, 2010, on file in the 20 Carlsbad Planning Department, MUROYA SUBDIVISION - HDP 06-10, as provided by 21 Chapter 21.95 of the Carlsbad Municipal Code; and 22 «_ WHEREAS, the Planning Commission did on April 7, 2010, consider said 24 request; and 25 WHEREAS, at said hearing, upon hearing and considering all testimony and •-)/-arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Hillside Development Permit; and 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission APROVES, MUROYA SUBDIVISION - HDP 06-10, based on the following findings and subject to the following conditions: 7 Findings: o 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 10 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly identified on the constraints map. 11 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that undevelopable areas of the project, i.e., 13 slopes over 40%, and the open space preserve area have been properly identified and are primarily located within the proposed Open Space Lot 4; the project does 14 impact 0.36 acres (6.36%) of the 5.66 acres of dual criteria slopes but these impacts are considered unavoidable given the constraints of the site, the clustered development, and the need to comply with brush management requirements. All ,,- manufactured slopes will be landscaped and screened, the pad grades for the proposed subdivision have been designed to step and follow the dominant slope of 17 the land, all roof slopes are oriented in the same direction as the slopes, and the building footprints and rooflines are parallel with the natural contours of the slope. 18 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, 2Q in that the residential development area has been clustered in the northeasterly corner of the site to avoid impacts to sensitive habitats and the majority of dual 21 criteria slopes. The project will include grading primarily over the flatter developed/agriculture northern portion of the site. Project grading results in an 22 estimated 22,540 cubic yards of cut, 19,970 cubic yards of fill, which results in 2,570 cubic yards of export. In addition, the project grading includes 7,840 cubic yards of over-excavation and remedial grading for the removal and re-compaction of 24 manufactured fill (debris fill) soils onsite. The resulting grading volume of 3,005 cubic yards per acre is identified by the Hillside Development Regulations as being 25 within an acceptable range. The project will impact small isolated pockets of 40% gradient slopes. However, 27 none of these isolated slopes are greater than ten thousand square feet in area nor comprised of a prominent land form feature and therefore can be developed 28 pursuant to Section 21.95.120(6) of the CMC. Furthermore, the project does encroach into existing manufactured slopes with a gradient of 40%. However, these slopes are comprised of debris fill (an unusual soil condition) which is required to be PC RESO NO. 6689 -2- removed, cleaned, and/or re-compacted. However, this is permitted per Section 2 21.95.130(A)(3)oftheCMC. 3 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 sloping from east to west; and the - building footprints and rooflines are parallel with the natural contours of the slope. 6 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that development is clustered on the northeasterly portion of the site to avoid steep 7 slopes and sensitive habitat, retaining walls are used to minimize the grading footprint and maximize hillside and habitat preservation, and the proposed residences are each uniquely designed to step with topography and minimize grading impacts to the site. 10 7. The Planning Commission of the City of Carlsbad does hereby find: 11 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Muroya Subdivision - 12 GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32, 13 HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning 14 Department, prior to RECOMMENDING ADOPTION of the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting I r Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 17 Procedures of the City of Carlsbad; and 18 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 20 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 21 environment. 22 g. 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 issuance of a 27 grading permit or recordation of a final map, 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. 6689 -3- 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. 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. 10 4. If any condition for construction of any public improvements or facilities, or the payment 11 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. 14 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 , s 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 the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32, and HMP 07-02, and is subject 24 to all conditions contained in Planning Commission Resolutions No. 6681, 6682, 6683, 6684, 6685, 6686, 6687, 6688, and 6690 for those other approvals incorporated herein by 25 reference. 7. This approval shall become null and void if building permits are not issued for this project within three (3) years approval. 28 8. Developer shall implement, or cause the implementation of, the MUROYA SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06- PC RESO NO. 6689 -4- 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 19, CDP 06-32, HDP 06-10, AND HMP 07-02 Project Mitigation Monitoring and Reporting Program. 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 April 7, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, and Nygaard ABSENT: Commissioners Montgomery and Schumacher ABSTAIN: FARRATTft-eOUGLAS, CrTmrperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6689 -5-