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HomeMy WebLinkAbout1999-12-01; Planning Commission; Resolution 4674+r 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 PLANNING COMMISSION RESOLUTION NO. 4674 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT FOR A LOT LINE ADJUSTMENT AND CONSTRUCTION OF A NEW SINGLE- FAMILY RESIDENCE ON PROPERTY GENERALLY LOCATED WEST OF PI0 PIC0 DRIVE, SOUTH OF YOURELL AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: TALLMAN PROPERTY CASE NO.: HDP 99-09 WHEREAS, Jeffrey C. and Pamela Tallman, “Owner/Developer~’, have filec verified application with the City of Carlsbad regarding property, described as That portion of Tract 7 of Laguna Mesa Tract, County of San Diego, State of California, as per Map No. 1719, filed in the Office of the County Recorder of San Diego County, 6-20-21, as described in Attachment “A” (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillsi Development Permit as shown on Exhibit(s) “A” - “J” dated December 1, 1999, on file in 1 Carlsbad Planning Department, TALLMAN PROPERTY - HDP 99-09, as provided by Chap 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 1st day of December 19! consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony E arguments, if any, of all persons desiring to be heard, said Commission considered all fact’ relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann Commission as follows: A) That the foregoing recitations are true and correct. II d 0 0 ,-’ 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 Commissi APPROVES, TALLMAN PROPERTY - HDP 99-09, based on the followi findings and subject to the following conditions: Findinps: 1. That hillside conditions have been properly identified on the constraints map which shc existing and proposed conditions and slope percentages; 2. That undevelopable areas of the project, i.e., slopes over 40%, have been prope identified on the constraints map; 3. That the development proposal is consistent with the intent, purpose, and requirements the Hillside Ordinance, Chapter 21.95, in that no grading is proposed on any sla areas; project grading volumes of 2,272 cubic yarddacre are within the acceptal range; and the amount of fill proposed will not exceed 3-4 feet above natural gra and has been reduced to the greatest extent possible while still maintaining a le\ building pad and usable rear yard area. 4. That the proposed development or grading will not occur in the undevelopable portions the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, that no grading is proposed on any slope areas. 5. That the project design substantially conforms to the intent of the concepts illustrated the Hillside Development Guidelines Manual, in that the building pad will be raised more than 3-4 feet above natural grade to allow for a level pad and the residence h been designed with a hip roof to minimize the bulk of the building. 6. That the project design and lot configuration minimized disturbance of hillside lands, that the proposed boundary adjustment will create a level building pad for Parcel and will allow for the preservation of the slopes identified as “Official Open Space Conditions: 1. This approval is granted subject to the approval of ADJ 538, the Mitigated Negatl Declaration and Mitigation Monitoring and Reporting Program and CDP 99-18 a is subject to all conditions contained in ADJ 538 and Resolutions No. 4672 and 4673 1 those other approvals. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fe dedications, reservations, or other exactions hereafter collectively referred to for convenience “fees/exactions.” You have 90 days fiom the date of final approval to protest imposition of these fees/exactions. you protest them, you must follow the protest procedure set forth in Government Code Sect] 66020(a), and file the protest and any other required information with the City Manager processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timl 1) PC RES0 NO. 4674 -2- 4 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 1 * 8 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni zoning, grading or other similar application processing or service fees in connection with t project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gik a NOTICE similar to this, or as to which the statute of limitations has previously othenv expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannj Commission of the City of Carlsbad, California, held on the 1st day of December 1999, by . following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L'Heureux, Segall, Trigas, and Welshons NOES: ABSENT: Commissioner Nielsen CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HO%MIL&R Planning Director I ~ PC RES0 NO. 4674 -3-