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HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 49141 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 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 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 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. 3. 4. 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- 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 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-