HomeMy WebLinkAbout1999-02-17; Planning Commission; Resolution 4486e .# +-> \5. 0 18
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
PLANNING COMMISSION RESOLUTION NO. 4486
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CDP 99-05 TO DEVELOP 7.5
ACRES INTO 48 SINGLE-FAMILY HOMES ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
HIDDEN VALLEY ROAD AND PLUM TREE ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 20
CASE NAME: PARKSIDE
CASE NO.: CDP 99-05
WHEREAS, Shea Homes Land Holdings LLC, “Developer”, ha
verified application with the City of Carlsbad regarding property owned Shea Hon
Holdings LLC, “Owner”, described as
Lot 141 of CT 92-02, City of Carlsbad, San Diego County,
State of California, according to Map No. 13378, filed in the
office of the County Recorder, December 9,1996
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “Z” dated January 20, 1999, on j
Planning Department, PARKSIDE, CDP 99-05 as provided by Chapter 21.201.01
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of Febru:
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
and arguments, if any, of all persons desiring to be heard, said Commission considered
relating to the CDP 99-05.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
28
c / a 0
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
B) That based on the evidence presented at the public hearing, the Cc
APPROVES PARKSIDE, CDP 99-05 based on the following fin
subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello I1 segm
Certified Local Coastal Program (LCP) and all applicable policies in
development does not obstruct public views of significant coastal resourc
agricultural activities, sensitive coastal resources, geologic instability (
access opportunities exist on or adjacent to the project site. The b
placement and architecture of the single-family homes is consistent
applicable Residential Density Multiple Zone (R-DM-Q) and Specific Plan
sensitive coastal resources will be impacted by the proposed precise gra
adequate drainage and erosion control measures have been incorporated
project.
2. The project site is located in the Coastal Agriculture Overlay Zone, acc
Map X of the Land Use Plan, certified September, 1980. The project is (
with the overlay zone in that all required agricultural mitigation fees have 1
as part of Carlsbad Tract 92-02(A) in accordance with the provisions of th
zone.
3. The Planning Commission has reviewed each of the exactions imposed on the 1
contained in this resolution, and hereby finds, in this case, that the exactions arc
to mitigate impacts caused by or reasonably related to the project, and the exte~
degree of the exaction is in rough proportionality to the impact caused by the prc
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all CI
and modifications to the document(s) necessary to make them internally consist1
conformity with final action on the project. Development shall occw substa
shown in the approved Ehbits. Any proposed development different :
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this p
within two (2) years of approval or this coastal development permit will t
unless extended per Section 21.201.210 of the Zoning Ordinance.
3. Approval of CDP 99-05 is granted subject to the administrative approval of C
02(B), PUD 92-03(B), and SDP 92-06(C). CDP 99-05 is subject to all finding
conditions contained in Planning Commission Resolution Nos 4456,4457,441
CT 92-02(B), PUD 92-03(B), and SDP 92-06(C).
...
I 1 *.*
PC RES0 NO. 4486 -2-
I -4. II 0 e
1
NOTICE 2
3 Please take NOTICE that approval of your project includes the “imposition”
“fees/exactions.” 4
dedications, reservations, or other exactions hereafter collectively referred to for convc
5
6
7
8
9
10
11
12
You have 90 days from February 17, 1999 to protest imposition of these fees/exactior
protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Mz
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 asidt
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 feesiexactions of which you have previously b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
13
14
PASSED, APPROVED AND ADOPTED at a regular meeting of the
15
Commission of the City of Carlsbad, California, held on the 17th day of February, 19s
// following vote, to wit:
16
17 AYES: Chairperson Heineman, Commissioners Compas, Nielsen,
Savary, and Welshons
18
19
20
21
22
23
24
25
26
27
NOES:
ABSENT: Commissioners L’Heurewr
~~
e??.
” /;” ‘,I! - (, COURT &UNChairperson
CAEULSBAD PLANNING COMMISSION
ATTEST:
v- MICHAEL J. HOLZ&LER
Planning Director
28 11 PC RES0 NO. 4486 -3-