HomeMy WebLinkAbout1999-09-15; Planning Commission; Resolution 4622e, ..
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PLANNING COMMISSION RESOLUTION NO. 4622
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVES A
HILLSIDE DEVELOPMENT PERMIT ON PROPERTY
GENERALLY LOCATED ADJACENT TO EL CAMINO REAL
JUST SOUTH OF CASSIA ROAD IN LOCAL FACILITIES
MANAGEMENT ZONES 21 AND 10.
CASE NAME: MANZANITA APARTMENTS
CASE NO: HDP 98-18
WHEREAS, Manzanita Partners, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Bons Revocablc
Trust and Manzanita Partners, LLC, “Owners”, described as
a portion of the NE and SE Yi of the SW Yi of Section 23, T12S,
R4W, SBM, County of San Diego,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A” - “X” dated September 15,1999, on :
Carlsbad Planning Department, MANZANITA APARTMENTS, HDP 98-18, as prc
Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 15th day of Septemb
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testir
arguments, if any, of all persons desiring to be heard, said Commission considered i
relating to the Hillside Development Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Ca
- APPROVES, MANZANITA APARTMENTS, HDP 98-18 basec
following findings and subject to the following conditions:
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Findinm:
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 requirt
the Hillside Ordinance, Chapter 21.95, in that the project does not result in su
damage to significant native vegetation areas, preserves the natural appea
the majority of the site by leaving it undisturbed, implements the intent of 1
Use and Open Space/Conservation Elements of the General Plan by p
residential development at a density of 5.1 du/ac.
4. That the proposed development or grading will not occur in the undevelopable pt
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municir
except for those areas where a Circulation Element roadway must be place1
feasible alternative is available and in areas of topographic change less tha
feet in height and less than 4,000 square feet in area, which are not a pa
surrounding generalized slope.
5. That the project design substantially conforms to the intent of the concepts illu
the Hillside Development Guidelines Manual, in that the project design n
grading to the maximum extent possible and clustering development.
6. That the project design and lot configuration minimizes disturbance of hillside
that the project design clusters the development in the northeastern sectic
project site, leaving the majority of the site undisturbed.
Conditions:
1. Approval of HDP 98-18 is granted subject to the approval of the Mitigated
Declaration and Mitigation Monitoring and Reporting Program and Z
LCPA 98-06, SDP 98-19, SUP 98-06, and CDP 98-73, and the parcel map a
adjustment which consolidates the two western parcels, and is subject to all c
contained in the Mitigated Negative Declaration and the Mitigation Monita
Reporting Program and Planning Commission Resolutions No. 4617, 46
4620,4621, and 4623, and the City Engineer’s approval of the parcel map c
adjustment.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convt
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exal
you protest them, you must follow the protest procedure set forth in Government Cod
PC RES0 NO. 4622 -2-
b ’. e e
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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 1
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
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 (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 15th day of September,
the following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heure
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO~MILL%
Planning Director
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PC RES0 NO. 4622 -3-