HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4507b 0 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
PLANNING COMMISSION RESOLUTION NO. 4507
A RESOLUTION OF THE PLANNTNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP
98-03 FOR THE GRADING AND SUBDIVISION OF A 33.4
ACRE SITE INTO 30 LOTS ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF BLACK RAIL ROAD AND FUTURE
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO: HDP 98-03
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Arie De Jong, Jr,
Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A” - “X” dated March 17, 1999, on fil
Carlsbad Planning Department, DE JONG RESIDENTIAL PROJECT, HDP 91
provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of March 1
on the 7th day of April 1999, consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimc
arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to the Hillside Development Permit; and
I i
0 0
1
2
3
4
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
5 I/ A) That the foregoing recitations are true and correct.
6
7
8
B) That based on the evidence presented at the public hearing, the Cor
RECOMMENDS APPROVAL of DE JONG RESIDENTIAL PR
HDP 98-03 based on the following findings and subject to the f
conditions:
g Findines:
10
11
1. That hillside conditions have been properly identified on the constraints map wh
existing and proposed conditions and slope percentages;
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 1) the grading design avoids stet
except where a circulation element road is involved; and 2) manufactured SI
contoured to follow the natural topography.
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
that the significant steep slopes greater than 40% are preserved in open spa
proposed area of encroachment is for Poinsettia Lane a circulation element
which the code provides an exclusion .
5. That the project design substantially conforms to the intent of the concepts illu:
the Hillside Development Guidelines Manual, in that the grading follows the
topography, the future homes would be setback from the tops of manu
slopes, and all manufactured slopes will be screened with landscaping that
a combination of ground cover, shrubs, and trees where permitted by
suppression zones.
6. That the project design and lot configuration minimizes disturbance of hillside
that the project’s grading and design does not encroach into steep slopes e
needed to construct Poinsettia Lane.
7. That the site requires extensive grading to accommodate a circulation-element
in that a significant amount of fill is required for Poinsettia Lane .
PC RES0 NO. 4507 -2-
w
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
0 0
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 from this approval, shall require an amendment to this app
2. Approval of HDP 98-03 is granted subject to the approval of ZC 98-02, LCP
CDP 98-26, V 98-04 and the Mitigated Negative Declaration and M
Monitoring and Reporting Program. HDP 98-03 is subject to all conditions (
in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01, CDP 98-1
04 and the Mitigated Negative Declaration and Mitigation Monitor
Reporting Program.
3. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
4. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged ths approval shall be suspended as pro.
Government Code Section 66020. If any such condition is determined to be in7
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
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 fi-om date of final approval to protest imposition of these fees/exac
you 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 t
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 I
zoning, grading or other similar application processing or service fees in connection 1
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 c
expired.
...
PC RES0 NO. 4507 -3-
i
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 0
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission 4f the City of Carlsbad, California, held on the 7th day of April 1995
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4507 -4-