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HomeMy WebLinkAbout1999-08-04; Planning Commission; Resolution 45981 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 PLANNING COMMISSION RESOLUTION NO. 4598 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED SOUTH OF GIBRALTAR STREET NEAR THE INTERSECTION OF JEREZ COURT IN LOCAL FACILITIES MANAGEMENT ZONE 6 CASE NAME: LA COSTA FAIRWAY VILLAS CASE NO.: HDP 99-05 WHEREAS, Darling Pacific Builders, “Developer”, has filed a application with the City of Carlsbad regarding property owned by Stanley P. Millan, “ described as Lots 399,400, and 401 of La Costa South unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6600, filed in the Office of the County Recorder of San Diego County, March 10,1970. (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibit(s) “A” - “P” dated August 4, 1999, on fil Carlsbad Planning Department, LA COSTA FAIRWAY VILLAS HDP 99-05, as pro\ Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 4th day of Augu! consider said request; and WHEREAS, at said hearing, upon hearing and considering all testiml arguments, if any, of all persons desiring to be heard, said Commission considered all relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the E Commission as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Cor APPROVES, LA COSTA FAIRWAY VILLAS HDP 99-05, basec following findings and subject to the following conditions: Findinm: 1. That undevelopable areas of the project, i.e. slopes over 40% have been identified on the constraints map Exhibit “C” - “E” dated August 4,1999. 2. That the development proposal is consistent with the Purpose and Intent prov Section 21.95.010 of the Hillside Ordinance, Chapter 21.95 as follows: A. Project hillside conditions have been properly identified on the constrai Exhibit “C” - “E” dated August 4, 1999, which shows existing and 1 conditions and slope percentages; B. The project has been designed to relate to the slope of the land and to r the amount of grading in that the proposed grading results in a projec meets the maximum gradients allowed by Engineering Design Standa project grading volumes of 2,542 cubic yarddacre are in the act range, and due to the fact that the proposed slopes are not visible fron locations, they do not require contour grading. C. The project has been designed in an environmentally sensitive manner . lagoons and riparian ecosystems are protected from increased erosion substantial impacts to natural resource areas, wildlife habitats, or native vc will occur in that the project will incorporate erosion control measurt slope areas and no native vegetation or wildlife exist on the site. 3. The project complies with the Hillside Development and Design Standards incl Section 21.95.120 of the Hillside Ordinance, except Section 21.95.12OCl(a) in project grading volume of 2,542 cubic yarddacre are in the acceptable rar due to the fact that the proposed slopes are not visible from public locations, not require contour grading. 4. The Hillside Development and Design Standard found in Carlsbad Municip, Section 21.95.120Cl(a) can be modified to allow development of manuf slopes as authorized by Section 21.95.140 of the Hillside Ordinance ,beca project will result in significantly more open space than would strict adhe] the requirements of Section 21.95.120Cl(a), in that the project will not resu: disturbance of any natural slopes and the proposed standards modificatic result in the provision of private open space areas within the rear y; residences abutting the slopes and common active open space areas will be PI within proposed graded areas. 4 I 5. That the project design substantially conforms to the Hillside Development Gu Manual, in that the project utilizes a split pad and residential split-level desi! the use of integrated/exposed retaining walls which reduces the amount of grading. PC RES0 NO. 4598 -2- 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 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 ths approval, shall require an amendment to this apF 2. Approval of HDP 99-05 is granted subject to the approval of CT 99-07 and C HDP 99-05 is subject to all conditions contained in Resolutions No. 4596 and CT 99-07 and CP 99-09, 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 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 Code 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 ti 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 F 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 01 expired. ... ... ... ... .*. ... ... ... PC RES0 NO. 4598 -3- 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 8 e ~ 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 4th day of August 1991 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: CARLSBAD PLANNING COMMISSION ~ ATTEST: 1 % ~ 1 Planning Director ~ 1 ~ PC RES0 NO. 4598 -4-