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HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 46161 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. 4616 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 23 ON PROPERTY GENERALLY LOCATED NORTH OF SEAVIEW WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SEAVIEW 9-LOT SUBDIVISION CASE NO: HDP 98-23 WHEREAS, MSK Management, Inc., “Developer”, has filed ~ application with the City of Carlsbad regarding property owned by Hisashi Honda an Honda, Trustees of the Honda Family Trust dated 7/22/97, “Owner”, described as APPROVAL OF HILLSIDE DEVELOPMENT PERMIT HDP 98- A portion of Lot “J” of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, ‘ according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for : Development Permit as shown on Exhibit(s) “A” - “CC” dated October 20,1999, on Carlsbad Planning Department, SEAVIEW 9-LOT SUBDIVISION HDP 98-23, as PI Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of Octo consider said request; and WHEREAS, at said hearing, upon hearing and considering all testi arguments, if any, of all persons desiring to be heard, said Commission considered 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. 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 Cc 98-23 based on the following findings and subject to the following cond: RECOMMENDS APPROVAL of SEAVIEW 9-LOT SUBDIVISI FindinPs: - 1. That undevelopable areas of the project, pursuant to Section 21.53.230(b) of have been properly identified. 2. That the project complies with the purpose and intent provisions of Section 21 this chapter in that the proposed grading includes terraced pads which f site’s natural terrain which in turn minimizes the amount of project gradil 3. That the project complies with the provisions of Section 21.95.120 of this char the proposed grading volume is within the acceptable range; no man slopes over 40 feet in height will be created; the slopes will be landscaped ( with the City’s landscape manual; and hillside drainage will be consisten] City’s hillside development guidelines. 4. The Hillside Development and Design Standard found in Carlsbad Munic Section 21.95.120Cl(a) can be modified to allow a height greater than 6 ve for a crib retaining wall into a manufactured slope as authorized b: 21.95.140 of the Hillside Ordinance because the project will result ir aesthetically pleasing project with greater neighborhood compatibility th strict adherence to the requirements of Section 21.95.120Cl(a), in that t€ will not result in the disturbance of any natural slopes and the proposed ! modifications will result in the ability to lower the pad elevations t consistent with the development of the surrounding neighborhood and P result in a balanced grading operation. 5. That the project design substantially conforms to the hillside development manual in that the project utilizes stepped pads, a terraced lot design, r( which are oriented in the same direction as the slopes, and slope edge setbacks where applicable. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to isst grading permit. 1. If any of the following conditions fail to occur; or if they are, by their tel implemented and maintained over time, if any of such conditions fail implemented and maintained according to their terms, the City shall have tl revoke or modify all approvals herein granted; deny or further condition issu; future building permits; deny, revoke or further condition all certificates of issued under the authority of approvals herein granted; institute and prosecute li compel their compliance with said conditions or seek damages for their vi0 vested rights are gained by Developer or a successor in interest by the City’s a this Hillside Development Permit. PC RES0 NO. 4616 -2- 1 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 I e 0 2. Staff is authorized and directed to make, or require the Developer to make, all c and modifications to the Hillside Development Permit (HDP 98-23) doct necessary to make them internally consistent and in conformity with the final the project. Development shall occur substantially as shown on the approvec Any proposed development different from this approval, shall require an ame this approval. 3. This approval is granted subject to the approval of the Mitigated Negative De Mitigation Monitoring and Reporting Program, CT 98-21, and SDP 98- subject to all conditions contained in Planning Commission Resolutions No. 4 and 4615 for those other approvals. 4. HDP 98-23 shall expire two years from the date of final action unless permit has been issued by the City Engineer. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for convc “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exa you protest them, you must follow the protest procedure set forth in Government Coc 66020(a), and file the protest and any other required information with the City M processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure follow that procedure will bar any subsequent legal action to attack, review, set asidc 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 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 E; a NOTICE similar to this, or as to which the statute of limitations has previously expired. ... ... ... .. ... .. . PC RES0 NO. 4616 -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 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 20th day of October 195 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L'Heurc Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Welshons ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: ~ " MICHAEL J. HOLZMLER Planning Director PC RES0 NO. 4616 -4-