HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 49141
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PLANNING COMMISSION RESOLUTION NO. 4914
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON
PROPERTY GENERALLY LOCATED EAST OF BLACK RAIL
ROAD BETWEEN POINSETTIA LANE AND AVIARA
PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE
20.
CASE NAME: BUERGER SUBDIVISION
CASE NO: HDP 99-08
WHEREAS, William and Anita Buerger, “Developer,“/“Owner,” have
filed a verified application with the City of Carlsbad regarding property, described as
Parcel 1: The northwest quarter of the southwest quarter of
the northwest quarter of the northeast quarter of Section 27,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California,
according to United States Government Survey, approved
April 21, 1890.
Parcel 2: The northeast quarter of the southwest quarter of
the northwest quarter of the northeast quarter of Section 27,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California,
according to the United States Government Survey approved
April 21,189O.
Parcel 3: An easement for road and public utility purposes
over, under, upon and across the westerly 30 feet of the south
half of the northwest quarter of the northwest quarter of the
northeast quarter of Section 27, Township 12 South, Range 4
West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to United States
Government survey approved April 21,189O.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “I” dated February 21, 2001, on file in the
Carlsbad Planning Department, BUERGER SUBDIVISION - HDP 99-08, as provided by
Chapter 21.95 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on the 21st day of February, 2001,
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Hillside Development Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of BUERGER SUBDIVISION - HDP 99-08,
based on the following findings and subject to the following conditions:
Findinas:
1.
2.
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5.
6.
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 minimal 25%+ slopes (.054 acre) will be
disturbed and no coastal dual criteria slopes or 40%+ slopes exceeding 15 feet in
height and 10,000 square feet in area will be disturbed, grading quantities of 3,055
cubic yards/acre are within the acceptable range, and manufactured slopes are less
than 40 feet in height.
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.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that grading follows the natural
topography and all manufactured slopes are screened with a combination of ground
cover, shrubs, and trees where permitted by the fire suppression zones.
That the project design and lot contiguration minimizes disturbance of hillside lands, in
that the project’s grading design is consistent with the Coastal Resource Overlay
Zone (Chapter 21.203) of the Carlsbad Municipal Code policies for the preservation
of steep slopes and would not encroach into steep slopes that are identified as
undevelopable by the Hillside Ordinance development and design standards.
PC RESO NO. 4914 -2-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of the
final map or issuance of grading permit, whichever occurs first.
1. This approval is granted subject to the approval of the Negative Declaration, ZC 99-05,
LCPA 99-03, CT 99-10, and CDP 99-17 and is subject to all conditions contained in
Planning Commission Resolutions No. 4910,4911,4912,4913, and 4915 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.”
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 othenvise
expired.
PC RESO NO. 4914 -3-
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2lst day of February, 2001, by the
following vote, to wit:
AYES:
NOES:
Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
ABSENT:
ABSTAIN:
Commissioner L’Heureux
CARLSBA PLANNING COMMISSION
ATTEST:
Planning Director
1 PC RESO NO. 4914 -4-