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HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 4653L 0 a 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 li PLANNING COMMISSION RESOLUTION NO. 4653 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED NORTH OF LA COSTA AVENUE AND EAST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA GREENS CASE NO: HDP 98-25 WHEREAS, Legacy Development, a California Limited Liability CI “Developer”/“Owner”, has filed a verified application with the City of Carlsbad I property described as Lots 9 and 10 of La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 6708, filed in the Office of the County Recorder of San Diego County, August 10,1970 (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibit(s) “A” - “D” dated November 3, 1999, on fi: Carlsbad Planning Department, LA COSTA GREENS, HDP 98-25, as provided by 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 3rd day of Novembe and on the 17th day of November, 1999, consider 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 all relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the P Commission as follows: I I A) That the foregoing recitations are true and correct. 1 0 e 4 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 B) That based on the evidence presented at the public hearing, the COI APPROVES LA COSTA GREENS, HDP 98-25 based on the : findings and subject to the following conditions: Findinps: - 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 there is no development manufactured uphill perimeter slope with the exception of the access drivew; 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 project site does not have natural slopes which are characterized ; undevelopable. 5. That the project design substantially conforms to the intent of the concepts illus the Hillside Development Guidelines Manual, in that the project is wit acceptable range for grading and the buildings are setback from the top; slopes created. 6. That the project design and lot configuration minimizes disturbance of hillside 1 that the manufactured slope area is its own lot and is not being developed w exception of the access driveway and the lots created are not on constrained slopes. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to appl final map. 1. If any of the following conditions fail to occur; or if they are, by their terms implemented and maintained over time, if any of such conditions fail to implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuanc future building permits; deny, revoke or fwther condition all certificates of occ issued under the authority of approvals herein granted; institute and prosecute litig compel their compliance with said conditions or seek damages for their violat vested rights are gained by Developer or a successor in interest by the City’s app- this Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all con and modifications to the Hillside Development Permit documents, as necessary t them internally consistent and in conformity with the final action on the 1 PC RES0 NO. 4653 -2- ll @ 0 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Development shall occur substantially as shown on the approved Exhibits. Any development different from this approval, shall require an amendment to this apr 3. The Developer shall comply with all applicable provisions of federal, state, : ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the of any fees in-lieu thereof, imposed by this approval or imposed by law on thi are challenged, this approval shall be suspended as provided in Government Cod! 66020. If any such condition is determined to be invalid this approval shall b unless the City Council determines that the project without the condition comp all requirements of law. 5. I The Developer/Operator shall and does hereby agree to indemnify, protect, de hold harmless the City of Carlsbad, its Council members, officers, employees, ag representatives, from and against any and all liabilities, losses, damages, demand and costs, including court costs and attorney’s fees incurred by the City arising or indirectly, from (a) City’s approval and issuance of this Hillside Dew Permit, (b) City’s approval or issuance of any permit or action, whether discreti non-discretionary, in connection with the use contemplated herein, Developer/Operator’s installation and operation of the facility permitted including without limitation, any and all liabilities arising from the emissior facility of electromagnetic fields or other energy waves or emissions. 15 16 6. This approval is granted subject to the approval of CT 98-23, PUD 98-08, and 17 4650,4651 and 4652 for those other approvals 10 and is subject to all conditions contained in Planning Commission Resolut NOTICE 18 19 20 “fees/exactions.” Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conven 21 22 23 24 25 26 27 28 You have 90 days from date of final approval to protest imposition of these fees/exacf 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 Man processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tl 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 p zoning, grading or other similar application processing or service fees in connection v project; NOR DOES IT APPLY to any feedexactions of which you have previously bet a NOTICE similar to this, or as to which the statute of limitations has previously 01 expired. // PC RES0 NO. 4653 -3- * * > 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 3 Commission of the City of Carlsbad, California, held on the 17th day of November, 4 5 6 7 8 9 the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: 10 11 12 13 COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 PC RES0 NO. 4653 -4-