HomeMy WebLinkAbout1999-01-20; Planning Commission; Resolution 44644- 0 e
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PLANNING COMMISSION RESOLUTION NO 4464
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO
SUBDIVIDE 11.2 ACRES INTO 40 LOTS AND 56
CONDOMINIUMS ON PROPERTY GENERALLY LOCATED
SOUTH OF AVENIDA ENCINAS BETWEEN WINDROSE
CIRCLE AND 1-5 IN LOCAL FACILITIES MANAGEMENT
ZONE 9.
CASE NAME: POINSETTIA SHORES PLANNING
CASE NO.: HDP 98-40
WHEREAS, Greystone Homes, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Greystone Horn
“Owner”, described as
AREA C
Those portions of Lots 1 and 2 and the street between said lots
as shown on Parcel Map No. 13653 in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, January 31,1985 as
file no. 85-033316 of official records, lying easterly of the
northeasterly line of Carlsbad Tract 85-14, Phase 1 (Batiquitos
Lagoon Educational Park), in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No.
11616, filed in the County Recorder of San Diego County,
September 12,1986.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A” - “EE” dated January 20, 1999, on i
Carlsbad Planning Department, POINSETTIA SHORES PLANNING AREA C, HD
as provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 20th day of Janual
consider said request; and
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WHEREAS, at said hearing, upon hearing and considering all testim
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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
RECOMMENDS APPROVAL of POINSETTIA SHORES PLP
AREA C, HDP 98-40, based on the following findings and subjec
following conditions:
Findings:
1. In accordance with the approved Poinsettia Shores Master Hillside Dew
Permit, HDP 94-03, and Master Subdivision Map, CT 94-01, which authori;
grading including Planning Area C, the Hillside Development Per
development of Planning Area C is required to ensure that crib (retainir
and structures are in accordance with the Hillside Development Ordinance,
21.95, of the Carlsbad Municipal Code
2. That hillside conditions have been properly identified on the constraints map wh
existing and proposed conditions and slope percentages;
3. That undevelopable areas of the project, i.e. slopes over 40%, have been
identified on the constraints map;
4. That the development proposal is consistent with the intent, purpose, and requirc
the Hillside Ordinance, Chapter 21.95, in that 40% slopes created by PI
approved grading are identified and excluded from the provisions of the or
proposed grading quantities are within the acceptable range, and slopes cr
proposed grading do not exceed 30’ in height.
5. That the project design minimizes disturbance of hillside lands in that: 11
grading is well below the acceptable range; and 2) the project design, thrl
use of retaining walls and slopes that do not exceed 30’ in height, enables
building pads separated by landscaped slopes thereby retaining hillside top(
6. That the project design substantially conforms to the intent of the concepts illu
the Hillside Development Guidelines Manual, in that units are set back fron
slope a minimum of 15’ and roof lines are parallel with adjacent slopes.
PC RES0 NO. 4464 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Hillside Development Permit document(s) necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any
development different fi-om this approval, shall require an amendment to this app
2. Approval of HDP 98-40 is granted subject to the approval of CT 98-06, CP 98
CDP 98-27. HDP 98-05 is subject to all conditions contained in Resolution P
4462, and 4463 for CT 98-06, CP 98-05, and CDP 98-27.
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 date of final approval to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Cod1
66020(a), and file the protest and any other required information with the City Mal
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
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/’
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bt
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
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I) PC RES0 NO. 4464 -3-
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e e
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 20th day of January, 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Nielsen,
Savary, and Welshons
NOES:
ABSENT: Commissioner L’Heureux
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
1j.j
MICHAEL J. HOLZMILLER
Planning Director
11 PC RES0 NO. 4464 -4-