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Home My WebLink About2004-03-02; City Council; Resolution 2004-070RESOLUTION NO. 2004-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE 21.9 ACRES INTO 5 RESIDENTIAL LOTS AND TWO COMMONLY OWNED LOTS ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KIRGIS TENTATIVE MAP CASE NO: HDP 02-01 WHEREAS, Pergola, Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Kirgis 1996 Trust, “Owner,” described as All that portion of Lot “F” of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A - “D” dated September 3, 2003, on file in the Carlsbad Planning Department, KlRGlS TENTATIVE MAP - HDP 02-01, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 3rd day of September 2003, on the 17th day of September 2003, and on the 5th day of November 2003 consider said request; and 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 relating to the Hillside Development Permit; and I WHEREAS, the City Council of the City of Carlsbad, did o the 3rd day of February, 2004, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to GPA 03-011ZC 03-011LCPA 03-011CT 02-061PUD 02-02/CDP 02-05/HDP 02-01, NOW, THEREFORE, BE IT HEREBY RESOLVED by the CITY COUNCIL as follows: A. B. That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, HDP 02-01 is approved based on the following findings and subject to the following conditions: Findings: 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 2. That undevelopable areas of the project, Le. slopes over 40%, have been properly identified on the constraints map. 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the proposed hillside alteration will not result in substantial damage or alteration of a significant natural resource area, wildlife habitat or native vegetation and has to the greatest extent followed the natural topography. 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, in that none of the “undevelopable” lands identified in this section of the zoning ordinance are present on-site. 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that project pads step downward from the northeast to the southwest similar to the natural topography of the site. 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that no more than 25% of the gross site area is within the limits of hillside alteration. 2 Resolution No. 2004-070 page 2 3b 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 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map. 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; 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 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 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. 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 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 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 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 Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, 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. 3 Resolution No. 2004-070 page 3 37 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 6. This approval is granted subject to the approval of CT 02-06, PUD 02-02 and CDP 02-05 and is subject to all conditions contained in City Council Resolutions No. 2004-068 , 2004-074 and 2004-069 for those approvals incorporated herein by reference. 7. This approval shall become null and void if grading permits are not issued for this project within 24 months from the date of Hillside Development Permit approval. 8. Prior to the issuance of a grading permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Hillside Development Permit by Resolution(s) No. 2004-070 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 Pianning 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 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for conven ie n ce as “fees/exact ion s . ’’ You have 90 days from date of final approval to protest imposition of these feedexactions. 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 feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service ... ... .. ... ... 4 Resolution No. 2004-070 page 4 fees in connection with this project; NOR DOES IT APPLY to any feedexactions 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 City Council of the City of Carlsbad held on the 2nd day of March , 2004 by the following vote, to wit: AYES: Council Members Lewisr Finnila, Kulchin, Hall and Packard NOES: None m ABSENT: None 1 L6ReAINE M. WOOD, City Clerk 5 Resolution No. 2004-070 page 5