HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 51391
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PLANNING COMMISSION RESOLUTION NO. 5139
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP
NORTHEAST CORNER OF POINSETTIA LANE AND
AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20
CASE NAME: CARLSBAD PROMENADE
CASE NO: HDP 00-10
WHEREAS, Carlsbad Promenade Partners, LLC, a Delaware limited
liability company, “Deve1oper”POwner” has filed a verified application with the City of
Carlsbad regarding property described as
00-10 ON PROPERTY GENERALLY LOCATED ON THE
The northwest quarter of the southwest quarter of the
southwest quarter together with the south half of the southwest
quarter of the southwest quarter both of Section 22, Township
12 south, Range 4 west, San Bernardino Meridian, in the
County of San Diego, State of California, according to the
official plat thereof, together with Lot 1 of Carlsbad Tract No.
91-12, Mariners Point Unit 1, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof no.
13394, filed in the office of the County recorder of San Diego
County, California on January 24,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibit(s) “A” - “H” dated January 16,2002, on file in the
Carlsbad Planning Department, CARLSBAD PROMENADE - HDP 00-10, as provided by
Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 16th day of January 2002,
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
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CARLSBAD PROMENADE - HDP 00-10
based on the following findings and subject to the following conditions:
Findings:
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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 the project implements the goals and
objectives of the Land Use and Open Space/Conservation Element of the General
Plan; the hillside conditions have been properly identified and incorporated into the
planning process; the natural slopes have been preserved which reduces erosion and
protects the natural resources, wildlife habitats and native vegetation; the
manufactured slopes have been contour graded and landscaped.
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 that are not prominent landforms features are preserved as
natural slopes.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the project does not propose to
develop natural slopes over 25% slope gradient which contain sensitive habitats; the
project does not propose development of manufactured slopes over 40% gradient;
the manufactured slopes created are contour graded; the manufactured slopes are
proposed to be screened by landscaping; the developable portion of the site is
relatively flat and does not reflect hillside or hilltop characteristics. The
architectural review of the project will address building architecture and building
setbacks from manufactured slopes.
That the project design and lot configuration minimizes disturbance of hillside lands, in
that development is restricted to the previously disturbed area and does not impact
significant slope areas. The project proposes a grading quantity of 4,035 cubic
yards per acre, where up to 8,000 cubic yards is considered acceptable by the
Hillside Development Ordinance.
PC RES0 NO. 5 139 -2-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
or final map, 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 modi@ 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. This approval is granted subject to the approval of ZC 00-06, CT 00-19, CDP 00-53 and
is subject to all conditions contained in Planning Commission Resolutions No. 5135,
5137, and 5138 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 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 feedexactions
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 feedexactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5139 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of January 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES:
ABSENT:
ABSTAIN:
- - IC
SEENA TFUGAS, Chairpdson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOXMIEER
Planning Director
PC RES0 NO. 5139 -4-