HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50771
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PLANNING COMMISSION RESOLUTION NO. 5077
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO
ALLOW THE GRADING AND CONSTRUCTION OF 82.20
ACRES, CREATING 238 SINGLE FAMILY LOTS WITH
DWELLINGS, TWO OPEN SPACE LOTS, THREE
RECREATION LOTS, ONE RECREATIONAL VEHICLE
STORAGE LOT AND A 24 UNIT, FOR-SALE
CONDOMINIUM PROJECT AFFORDABLE TO LOWER-
INCOME HOUSEHOLDS ON PROPERTY GENERALLY
LOCATED NORTH AND SOUTH OF POINSETTIA LANE,
BETWEEN AVIARA PARKWAY AND SNAPDRAGON
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: THOMPSON/TABATA
CASE NO: HDP 98-15
WHEREAS, Standard Pacific, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Standard Pacific Corporation and David B.
Thompson and Karen R Thompson, “Owner,” described as
The northeast quarter of the northeast quarter and the southeast
quarter of the northeast quarter of Section 28, Township 12 South,
Range 4 West, San Bernardino Meridian, according to the official plat thereof; together with that portion of the southeast quarter of
Section 21, Township 12 South, Range 4 West of the San
Bernardino Meridian, according to the official plat thereof, shown
on Parcel B on a Certificate of Compliance recorded November
7,1988 as File No. 88-569475 and on Record of Survey Map No.
12096, filed on March 23, 1989; all lying within the City of
Carlsbad, County of San Diego, State of California; except
therefrom those portions thereof vested with Tabata Brothers
Partnership by documents recorded November 13, 1972 as File No.
303362 and November 4, 1974 as Files No. 74-292547 and 74-
292548; and except therefrom those portions lying within Poinsettia
Lane and Rose Drive as described in Files No. 89-546752, 89-
637695, go-146889 and 91-0036964 of Official Records,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A“ - “EEEE” dated November 7, 2001, on file in
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the Carlsbad Planning Department, THOMPSON/TARATA - HDP 98-15, as provided by
Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of November 2001 and
on the 5th day of December 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 THOMPSON/TARATA HDP 98-15 based
on the following findings and subject to the following conditions:
FindinPs:
1.
2.
3.
4.
5.
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 the proposed development follows the
existing topography, does not contain any tall manufactured slopes, preserves
natural slopes with over 40 percent inclination, and minimizes the amount of
grading to an acceptable level.
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 the natural slopes over 40 percent inclination are being preserved and the
over 40 percent slopes proposed for development were manufactured in accordance
with the approved grading plans for Poinsettia Lane.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the project grading steps down
with the existing west-facing sloping topography of the site.
PC RESO NO. 5077 -2-
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6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that the project proposes only 6,042 cubic yards per acre of grading, whereas up to
8,000 cubic yards per acre is considered acceptable by the Hillside Development
Ordinance.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Hillside Development Permit.
2. 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.
3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public irnprovemerns or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Hillside Development
Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein.
6. This approval is granted subject to the approval of ZC 98-08, LCPA 98-04, CT 98-14,
PUD 98-05, CP 00-02, SDP 99-06, and CDP 98-68 and is subject to all conditions
contained in Planning Commission Resolutions No. 5071, 5072, 5073, 5074, 5075,
5076 and 5078 for those other approvals.
PC PESO NO. 5077 -3-
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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 file 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 5th day of December 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
ATTEST:
MICHAEL J. HO&IL&I&
Planning Director
PC RESO NO. 5077 -4-