HomeMy WebLinkAbout2003-04-02; Planning Commission; Resolution 54001
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PLANNING COMMISSION RESOLUTION NO. 5400
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF
CAFUSBAD VILLAGE DRIVE BETWEEN SANTA CLARA
WAY AND CONCORD STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 2.
CASE NAME: LARWIN PARK
CASE NO: HDP 02-1 1
WHEREAS, City of Carlsbad, “Developer”/”Owner” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 68, Carlsbad Tract 74-04, per Map thereof No. 10128, filed
in the Office of the County Recorder on June 25, 1981; also
portions of Lot “J” in Rancho Agua Hedionda, per Partition
Map thereof No. 823, filed in the Office of the County
Recorder on November 26, 1886 as File No. 170873; all 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” - “L” dated April 2, 2003, on file in the
Carlsbad Planning Department, LARWIN PARK - HDP 02-11, as provided by Chapter 21.95
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 2nd day of April, 2003,
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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES LARWIN PARK - HDP 02-11, based on the following findings
and subject to the following conditions:
Findinps:
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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 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; and, b) the proposed
project minimizes 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 21.53.230 of the Carlsbad Municipal Code, in
that the slope area greater than 40% which will be disturbed for the creation of a
trail and associated retaining wall is a manufactured slope which is not located
along perimeter property lines and, thus, is not subject to the City’s Hillside grading
restriction.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the proposed trail is not a
development and so is not subject to any of the guidelines in the manual.
That the project design and lot configuration minimizes disturbance of hillside lands, in
that the proposed project development stays within the existing flat pad area and
does not encroach into steep slopes except for a small area which will be disturbed
for the creation of the proposed trail and associated retaining wall.
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 modi@ all approvals herein granted; deny or Wher 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.
PC RES0 NO. 5400 -2-
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2.
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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 02-11 as shown on Exhibits “A” - “L,” dated April 2,
2003, 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 CUP 02-23 and is subject to all
conditions contained in Planning Commission Resolution No. 5399 for that other
approval 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 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.
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PC RES0 NO. 5400 -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 2nd day of April, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, and White
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None
R,’Chairperson
PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5400 -4-