HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 45774
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PLANNING COMMISSION RESOLUTION NO. 4577
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND
NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: HADLEY PROPERTY
CASE NO: HDP 98-17
WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed :
application with the City of Carlsbad regarding property owned by Paul and Peggy
Family Trust, “Owner”, described as
A portion of the south half of the southwest quarter of the
southeast quarter of Section 22, Township 12 south, Range 4
west, San Bernardino base and meridian, in the County of San
Diego, State of California, according to the United States
Government Survey.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A” - “N” dated July 7, 1999, on fi:
Carlsbad Planning Department, HADLEY PROPERTY - HDP 98-17, as provided by
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of July 1999,
said request; and
WHEREAS, at said hearing, upon hearing and considering all testim
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
Commission as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of HADLEY PROPERTY - HDP 98-
Findings:
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 grading design avoids stee
and the manufactured slopes are contoured to follow the natural topograph)
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 spac
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 will be set back from the tops of manufacture(
and all manufactured slopes will be screened with landscaping.
6. That the project design and lot configuration minimizes disturbance of hillside
that the projects grading does not encroach into steep slopes.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
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 I
development different from this approval, shall require an amendment to this appl
2. Approval of HDP 98-17 is granted subject to the approval of ZC 98-10, LCPk
CT 98-17, CDP 98-74, and. the Mitigated Negative Declaration and Mi
Monitoring and Reporting Program. HDP 98-17 is subject to all conditions cc
in the Planning Commission Resolutions No. 4574,4575,4576,4578 and 4571
98-10, LCPA 98-07, CT 98-17, CDP 98-74, and the Mitigated Negative Dec'
and Mitigation Monitoring and Reporting Program.
...
PC RES0 NO. 4577 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition”
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 Codc
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/€
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 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 a
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
Commission of the City of Carlsbad, California, held on the 7th day of July, 1999
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’HeureL
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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MICHAEL J. MZMILM
Planning Director
PC RES0 NO. 4577 -3-