HomeMy WebLinkAbout2002-05-01; Planning Commission; Resolution 51731
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PLANNING COMMISSION RESOLUTION NO. 5173
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON
PROPERTY GENERALLY LOCATED NORTH OF MARRON
ROAD BETWEEN EL CAMINO REAL AND AVENIDA DE
ANITA IN LOCAL FACILITIES MANAGEMENT ZONE 2.
CASE NAME: THE SUMMIT AT CARLSBAD
CASE NO: HDP 00-13
WHEREAS, Marron Road Ventures, LLC, “Developer,” and has filed a
verified application with the City of Carlsbad regarding property owned by Robert Patrick
Kelly, Richard Carroll Kelly, and Azalea Partnership, “Owner” has filed a verified
application with the City of Carlsbad regarding property described as
Parcel 2 of Parcel Map No. 4838, in the City of Carlsbad,
County of San Diego, State of California, filed in the office of
the County Recorder of San Diego County, June 18, 1976 as
file/page no. 76-190384 of official records.
That portion of Lot 3 of Section 32, Township 11 South, Range
4 West, San Bernardino base and meridian, according to
official plat thereof being in the City of Carlsbad, County of
San Diego, State of California.
Those portions of Lots 3 and 4 in Section 32, Township 11
South, Range 4 West, San Bernardino meridian, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “R” dated April 3,2002 on file in the Carlsbad
Planning Department, THE SUMMIT AT CARLSBAD - HDP 00-13, as provided by Chapter
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of April 2002 and on
the 1st day of May 2002, consider said request; and
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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.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of THE SUMMIT AT CARLSBAD - HDP
00-13, based on the following findings and subject to the following conditions:
FindinPs:
1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages;
2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map;
3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the proposed development is consistent
with the existing topography to the extent feasible, is designed in an environmentally
sensitive manner to preserve wildlife habitats, and incorporates NPDES measures to
avoid erosion.
4. 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 development of 40% slopes are necessitated by improvements required to
widen Marron Road, a circulation arterial roadway.
5. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the project has been designed to
relate to the slope of the land, slope heights are less than the 40’ maximum allowed,
and adequate building setbacks from manufactured slopes are proposed.
6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that the grading volume is within the acceptable range and 11.27 acres of the 20.65
acre site will be preserved in its natural state as a wildlife habitat corridor.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading permit or building permit, whichever occurs first.
PC RES0 NO. 5173 -2-
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1. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, ZC 00-11 and SDP 00-17, and is
subject to all conditions contained in Planning Commission Resolutions No. 5170, 5171,
and 5172 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 fiom 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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of May 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall,
White, and Whitton
NOES: Commissioner Dominguez
ABSENT:
SEENA TRIGAS, Chairperson
CAIUSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5 173 -3-