HomeMy WebLinkAbout2000-08-02; Planning Commission; Resolution 48101
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PLANNING COMMISSION RESOLUTION NO. 4810
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO CONSTRUCT A
SHOPPING CENTER, INCLUDING TWO SPECIALTY
RETAIL BUILDINGS AND A DRIVE THROUGH DRUG
STORE ON PROPERTY GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF RANCH0 SANTE FE ROAD AND
LA COSTA AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
CASE NAME: RANCH0 LA COSTA VILLAGE
CASE NO.: HDP 99-l 1
WHEREAS, Cynthia Bell & Associates, Inc., “Developer,” has tiled a verified
application with the City of Carlsbad regarding property owned by La Costa Village, Inc.,
“Owners,” described as:
Parcel 2 of Parcel Map No. 12586, in the City of Carlsbad,
County of San Diego, State of California, recorded on
February 25,1983 as file/page No. 83-060578 of official records
in the office of the County Recorder of San Diego County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “Q” dated August 2, 2000 on file in the
Planning Department RANCH0 LA COSTA VILLAGE, HDP 99-11 as provided by Chapter
2 1.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of August, 2000, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the HDP
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B)
Findings
That based on the evidence presented at the public hearing, the Commission
APPROVES RANCH0 LA COSTA VILLAGE, HDP 99-11 based on the
following findings and subject to the following conditions:
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That hillside conditions have been properly identified on the constraints map which
show existing and proposed conditions and slope percentages;
That undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map;
That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that no development will occur on natural
slopes exceeding 40% gradient and exceeding 10,000 square feet in area thereby
ensuring the preservation of natural hillsides.
That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that no hillside areas identified as undevelopable would he disturbed.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the minimum structural setback
from top of slopes is provided and manufactured slopes are adequately landscaped..
That the project design and lot configuration minim&es disturbance of hillside lands, in
that the development is proposed on the flatter portions of the site.
Conditions:
1. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Hillside Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development different from this approval, shall require an amendment to
this approval.
2. This approval is granted subject to the approval of SDP 99-07 and CUP 00-22 and is
subject to all conditions contained in Resolutions 4809 and 4811 for those other
approvals.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
PC RESO NO. 4810 -2.
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of August, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman,
L’Heureux, Segall, and Trigas
NOES:
ABSENT: Commissioners Baker and Nielsen
ABSTAIN:
WILLIAM COMPAS, Chai erson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO%MIL%R
Planning Director
PC RESO NO. 4810 -3-