HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 4408.
0 e
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
PLANNING COMMISSION RESOLUTION NO. 4408
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF HOOVER
STREET, WEST OF ADAMS STREET AND EAST OF
HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: BARBOUR RESIDENCE
CASE NO: HDP 98-06
WHEREAS, John Barbour, “Developer”, has filed a verified applica.
the City of Carlsbad regarding property owned by John R. Barbour and Candy R. 1
“Owner”, described as
That portion of Lots two (2) and three (3) in Block “C” of Bella
Vista, in the City of Carlsbad, County of San Diego, State of
California according to Map thereof No. 2152, filed in the
office of the County Recorder of San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A” - “R” dated October 7, 1998, on f
Carlsbad Planning Department, BARBOUR RESIDENCE-HDP 98-06, as provided bJ
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of Octob
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testin
arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Hillside Development Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
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
e e
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the COI
APPROVES BARBOUR RESIDENCE, HDP 98-06 based on the j
findings and subject to the following conditions:
Findings:
1. That hillside conditions have been properly identified on the constraints map wh
existing and proposed conditions and slope percentages;
2. That undevelopable areas of the project, i.e. slopes over 40%, have been
identified on the constraints map;
3. That the development proposal is consistent with the intent, purpose, and require
the Hillside Ordinance, Chapter 21.95, in that a) the grading will not r
substantial damage or alteration of significant natural resource areas,
habitats or native vegetation; b) manufactured slopes do not exceed 30
height; c) the manufactured slopes are contoured to resemble the pr
disturbed landform; and d) the grading quantities of 5087 cubic yards/:
within the acceptable range.
4. That the proposed development or grading will not occur in the undevelopable PC
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal I
that except for .012 acres (522 square feet) of previously disturbed (manufi
slopes, the site does not have any significant landforms that are part
surrounding generalized slope that are undevelopable.
5. That the project design substantially conforms to the intent of the concepts illus
the Hillside Development Guidelines Manual, in that the proposed grading fol:
contours of the previously disturbed topography and all manufactured slope
screened with landscaping that includes a combination of ground cover, shrl
trees.
6. That the project design and lot configuration minimizes disturbance of hillside 1
that the design of the home is a stepped foundation and the residence is de
along the contour of the property.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Hillside Development Permit document(s) necessary 1
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any p
development different from this approval, shall require an amendment to this appr
PC RES0 NO. 4408 -2-
0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
2. Approval of HDP 98-06 is granted subject to the approval of CDP 98-30. HDP
subject to all conditions contained in Planning Commission Resolution No. 44(
Coastal Development Permit.
3. If any of the foregoing conditions fail to occur; or if they are, by their tem
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or fwther condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viols
vested rights are gained by Developer or a successor in interest by the City’s ap
this hillside development permit.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve~
“fees/exactions.”
You have 90 days from October 7, 1998 to protest imposition of these feedexactions
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 Man
’ processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tl
1 follow that procedure will 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 I
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously 01
expired.
II *.- 22
23
24
25
26
27
28
...
...
...
...
...
PC RES0 NO. 4408 -3-
e a
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of October 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Monroy,
and Savary
NOES:
ABSENT: Commissioners Heineman and Welshons
ABSTAIN:
fl </J -;,pi Fy,.,(,"; :/ -=.
Q2 '4? a
$9. , 2 <e? '1 ;i .:7 ,? .. :a i - " . , ,,s,-c
CARLSBAD ~ANNING COMMISSION
: , t .%,,: dL.+ ,,-i . c- i. ~ ,,. j *_a ', i, bc%
BAILEY NOBvk, Chairperson
ATTEST:
MICHAEL J. HXZMIMER I'
Planning Director
PC RES0 NO. 4408 -4-