HomeMy WebLinkAbout1999-05-05; Planning Commission; Resolution 45361
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PLANNING COMMISSION RESOLUTION NO. 4536
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON PROPERTY
GENERALLY LOCATED WEST OF BLACK RAIL ROAD
AND NORTH OF AVIARA PARKWAY IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: CARNATION PROPERTY
CASE NO: HDP 98-20
WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Carnation Prc
“Owner”, described as
The southeast quarter of the southeast quarter of the southwest
quarter 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.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “G” - “H” dated May 5, 1999, on fil
Carlsbad Planning Department, CARNATION PROPERTY HDP 98-20, as prov
Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 5th day of May 1999, (
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 a1
relating to the Hillside Development Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
Commission as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Con
APPROVES, CARNATION PROPERTY HDP 98-20, based on the f:
findings and subject to the following conditions:
Findinp:
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 the proposed subdivision
generally conforms to the existing slope of the property from northeast to so1
4. That the proposed development or grading will not occur in the undevelopable PO
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal
that there are no undevelopable areas of the site as defined in Section 21.5
the Carlsbad Municipal Code.
5. That the project design substantially conforms to the intent of the concepts illus
the Hillside Development Guidelines Manual, in that the project does not 1
slopes greater than 30 feet in height.
6. That the project design and lot configuration minimizes disturbance of hillside 1
that the project is proposed as a balanced grading operation without the
import or export dirt from the site.
7. The Planning Commission has reviewed each of the exactions imposed on the Dc
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the extent
degree of the exaction is in rough proportionality to the impact caused by the proj'
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
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
2. Approval of HDP 98-20 is granted subject to the approval of ZC 98-11, LFMl
CT 98-18 and CDP 98-85.
3. HDP 98-20 shall expire two years from the date of final action unless a
permit has been issued by the City Engineer.
PC RES0 NO. 4536 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imp~sition~~
dedications, reservations, or other exactions hereafter collectively referred to for convel
“fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these fees/e
If you 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 Mar
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/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1:
zoning, grading or other similar application processing or service fees in connection 7
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 o
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the :
Commission of the City of Carlsbad, California, held on the 5th day of May 1999
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heuret
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. H @!
AN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4536 -3-