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HomeMy WebLinkAbout2000-01-05; Planning Commission; Resolution 4704I L 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 1 0 0 PLANNING COMMISSION RESOLUTION NO. 4704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED NORTH OF POINSETTIA LANE, WEST OF EL CAMINO REAL AND EAST OF FUTURE SKIMMER COURT IN LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: STEINER PROPERTY CASE NO: HDP 99-12 WHEREAS, Western Pacific Housing-Carlsbad 1, LLC, A Delaware Limi Liability Company, “Developer”, has filed a verified application with the City of Carlsk regarding property owned by Joseph and Marian Steiner and Western Pacific Housing- Camino, LLC, A Delaware Limited Liability Company, “Owners”, described as Being a subdivision of Parcel 1 of Parcel Map 2244, as filed in the Office of the County Recorder of San Diego County on January 10, 1974 as File No. 74-007317 of official records together with Lot 74 and Portion of Lots 67 and 68 of City of Carlsbad Tract 97-15, according to map thereof No. 13839, all in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillsi Development Permit as shown on Exhibit(s) “A” - “V” dated January 5, 2000, on file in t Carlsbad Planning Department, STEINER PROPERTY, HDP 99-12, as provided by Chap. 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of January, 20( ~ consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony a arguments, if any, of all persons desiring to be heard, said Commission considered all fact( relating to the Hillside Development Permit; and b 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Comrniss APPROVES STEINER PROPERTY, HDP 99-12, based on the follow findings and subject to the following conditions: Findings: 1. That hillside conditions have been properly identified on the constraints map which shl 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 the hillside conditions have be properly identified; the alteration of the slope areas will not affect natural resoul areas or wildlife habitats; the grading volume of 6,900 cubic yards per acre : within the acceptable range (0 - 7,999 cu/yds acre); the highest manufactured sla of 19 feet is less than the 30 foot maximum; the project will employ bc management practices to eliminate off-site siltation. 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 the project site does not contain any slopes (>40%) determined to undevelopable. Two portions of the site have slopes in the 15 to 25 percent ran which total .2 acres. One site is the result of grading associated with t development of the single family house pad and the other area is a slope edge tc gully that parallels El Camino Real which is beyond the grading limits for t project, but is being partially graded with the construction of Poinsettia La] These areas, because of their size, previous approval for grading, and gradi associated with a circulation element roadway, are exempted from the requireme] of the Hillside Development regulations. 5. That the site requires grading to accommodate a circulation-element roadway, in tt Poinsettia Lane is adjacent to the south of the project site and grading for tl circulation element roadway impacts the site. 6. That the project design substantially conforms to the intent of the concepts illustrated the Hillside Development Guidelines Manual, in that the manufactured slopes will landscaped and contour graded and the proposed homes will be setback from t tops of slopes. i PC RES0 NO. 4704 -2- f 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 7. That the project design and lot configuration minimized disturbance of hillside lands, that the project is developing on the flatter portion of the site and the lots : stepped to follow the existing topography. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the right revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke or further condition all certificates of occupar issued under the authority of approvals herein granted; institute and prosecute litigation compel their compliance with said conditions or seek damages for their violation. : vested rights are gained by Developer or a successor in interest by the City’s approval this Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all correctio and modifications to the Hillside Development Permit documents, as necessary to ma them internally consistent and in conformity with the final action on the proje Development shall occur substantially as shown on the approved Exhibits. Any propos development different from this approval, shall require an amendment to this approval. 3. This approval is granted subject to the approval of the Mitigated Negative Declaratil and Mitigation Monitoring and Reporting Program, LCPA 99-05, ZC 99-06, CT 9 13, SDP 99-10, and CDP 99-26. HDP 99-12 is subject to all conditions contained Resolutions 4699,4700,4701,4702,4703 and 4705. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fec dedications, reservations, or other exactions hereafter collectively referred to for convenience “fees/exactions.” You have 90 days from 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 Sectit 66020(a), and file the protest and any other required information with the City Manager f processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time follow that procedure will bar any subsequent legal action to attack, review, set aside, void, 1 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactio~ DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannin zoning, grading or other similar application processing or service fees in connection with th project; NOR DOES IT APPLY to any feedexactions of which you have previously been givc a NOTICE similar to this, or as to which the statute of limitations has previously othenvi, expired. PC RES0 NO. 4704 -3- c e e 1 2 3 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni Commission of the City of Carlsbad, California, held on the 5th day of January, 2000, by 1 following vote, to wit: 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 11/ I1 AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas and Welshons NOES: ABSENT: ABSTAIN: WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION 11 PC RES0 NO. 4704 -4-