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HomeMy WebLinkAbout2002-02-20; Planning Commission; Resolution 51101 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. 5110 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED AT THE NORTHERN TERMINUS OF AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: ZONE 19 PARK CASE NO: HDP 0 1-07 WHEREAS, City of Carlsbad, “Developer’T’Owner” has filed a verified application with the City of Carlsbad regarding property described as Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plan thereof, said property being more particularly described in Exhibit “A” of Quitclaim Deed recorded March 28, 1989 as File No. 89-157040 of official records of said San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A” - “Nt’ dated February 20, 2002, on file in the Carlsbad Planning Department, ZONE 19 PARK - HDP 01-07, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of February 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES ZONE 19 PARK - HDP 01-07, based on the following findings and subject to the following conditions: FindinPs: 1. 2. 3. 4. 5. 6. 7. 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 project a) implements the goals and objectives of the Open Space Element of the General Plan by preserving sensitive resources and providing for recreational open space; b) incorporates architectural design which relates to the site; and, c) preserves the aesthetic qualities of the site by minimizing the amount of project grading as much as possible. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21 ~3.230 of the Carlsbad Municipal Code, in that development generally will not occur in steep slope areas with two exceptions: a) a small area (1,260 square feet) for the basketball courts, and b) a small area (.03 ac) of dual-criteria slopes which will be disturbed only for grading which is necessary to stabilize currently unstable slopes. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the proposed community building incorporates design features (e.g., pitched roof) which contribute to compatibility with the project site and surrounding uses. That the project design and lot configuration minimizes disturbance of hillside lands, in that the proposed project development area stays within the mesa area and does not encroach into steep slopes except for a small amount of remedial grading (.03 ac) which is necessary to stabilize slopes. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading, in that the site contains an area of unstable slopes which must be corrected to provide slope stability. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit or building permit, whichever comes 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 Wher condition issuance of all PC RES0 NO. 51 10 -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 2. 3. 4. fbture 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. 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. Approval is granted for HDP 01-07 as shown on Exhibits “A” - “N”, dated February 20, 2002, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. This approval is granted subject to the approval of MP 177@D), CUP 01-22, and CDP 01-31 and is subject to all conditions contained in Planning Commission Resolutions No. 5156,5109, and 5111 for those other approvals incorporated herein by reference. 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 feedexactions. 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 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. .. * ... ... PC RES0 NO. 51 10 -3- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of February 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, White, and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: SEENA TRIGAS, Chairperson " CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. KOLmILLER Planning Director PC RES0 NO. 5110 -4-