HomeMy WebLinkAbout1998-06-17; Planning Commission; Resolution 43191
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PLANNING COMMISSION RESOLUTION NO. 4319
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT
AMENDMENT ON PROPERTY GENERALLY LOCATED AT
THE TERMINUS OF NEWTON DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: OCEAN BLUFF
CASE NO: HDP 93-091A)
WHEREAS, Catellus Residential Group, Inc., “Developer”, has filed 2
application with the City of Carlsbad regarding property owned by Catellus Residentia
Inc., “Owner”, described as
Parcel B in Certificate of Compliance recorded on March 11,
1997 as File No. 1997-0106631 of official records of San Diego
County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit Amendment as shown on Exhibit(s) “A” - Z” dated June 17,199;
in the Carlsbad Planning Department, OCEAN BLUFF, HDP 93-09(A), as provided by
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of Junl
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testim
arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Hillside Development Permit Amendment; and
WHEREAS, on April 2, 1996, the City Council previously approved E
09(A) as described and conditioned in Planning Commission Resolution No. 3871.
I NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
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 Con
RECOMMENDS APPROVAL of OCEAN BLUFF, HDP 93-09(A), 1
the following findings and subject to the following conditions:
Findings:
1. All findings of HDP 93-09 as stated in Planning Commission Resolution No. t
file in the Planning Department and incorporated herein by reference, shall a
HDP 93-09(A).
2. That the development proposal is consistent with the intent, purpose, and requiremen
Hillside Ordinance, Chapter 21 -95, in that the revised subdivision grading dc
consistent with previously approved grading in that pad grades are within 5
approved grades, and building placement and architecture ensure adequate s
from tops of slopes and one and two story units on specified lots will ensure a re
of building mass along ridgelines.
3. That the project design substantially conforms to the intent of the concepts illustratt
Hillside Development Guidelines Manual, in that proposed one and two story st1
would be in scale and proportion to the hillside landform, sufficient setbacl
adjoining downhill slopes will be provided, dominant roof and hillside slo,
parallel, exterior materials and colors are consistent with the natural landscape.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the Hillside Development Permit document(s) necessary 1
them internally calnsistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any p
development differe:nt from this approval, shall require an amendment to this appr
2. Approval of HDP 93-09(A) is granted subject to approval of CT 93-09(A) a1
97-54. HDP 93-09(A) is subject to all conditions contained in Planning Com
Resolutions for HlDP 93-09 except as amended by the addition of the fc
notice, and Planning Commission Resolutions No. 4318 and 4320 for CT 9.
and CDP 97-54.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” (
dedications, reservations, or .other exactions hereafter collectively referred to for conven
“fees/exactions.”
PC RES0 NO. 43 19 -2-
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You have 90 days from final approval to protest imposition of these fees/exactions.
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
follow that procedure.wil1 bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor F
zoning, grading or other similar application processing or service fees in connection 7
project; NOR DOES IT APPLY to any feedexactions of which you have previously be'
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, California, held on the 17th day of June, 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
Monroy, Savary, and Welshons
NOES: Commissioner Nielsen
ABSENT:
ABSTAIN:
I
BAILEY NOB&, Chairperson
CARLSBAD PLANNING ICOMMISSION
ATTEST:
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Planning Director
PC RES0 NO. 43 19 -3-