HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 4653L 0 a
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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.
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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-
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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.
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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.
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6. This approval is granted subject to the approval of CT 98-23, PUD 98-08, and
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4650,4651 and 4652 for those other approvals
10 and is subject to all conditions contained in Planning Commission Resolut
NOTICE 18
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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
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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
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Commission of the City of Carlsbad, California, held on the 17th day of November,
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the following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
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13 COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
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11 PC RES0 NO. 4653 -4-