HomeMy WebLinkAbout1999-12-01; Planning Commission; Resolution 4674+r
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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
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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-
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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
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PC RES0 NO. 4674 -3-