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HomeMy WebLinkAbout1999-01-20; Planning Commission; Resolution 44644- 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 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 4- 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 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- r9 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 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. ... ... ... . .. ... ... ... I) PC RES0 NO. 4464 -3- 8 -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 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-