HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55581
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2E
PLANNING COMMISSION RESOLUTION NO. 5558
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP
CONDOMINIUM UNITS ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF LA COSTA AVENUE!
EAST OF EL CAMINO REAL AND WEST OF CASTILLA
WAY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA CONDOMINIUMS
02-14 TO ALLOW THE CONSTRUCTION OF 58 AIRSPACE
CASE NO.: HDP 02-14
WHEREAS, Calso, LLC, “Owner/Developer,” has filed a verified application
with the City of Carlsbad regarding property described as
Lot 185 of La Costa South Unit 1, in the City of Carlsbad, in
the County of San Diego, State of California, According to
Map Thereof No. 6117, filed in the Office of the County
Recorder of San Diego County, June 3,1968
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “WW” dated February 4,2004, on file in the
Planning Department LA COSTA CONDOMINIUMS - HDP 02-14, as provided by Chapter
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of February 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Hillside Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad 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
14, based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of LA COSTA CONDOMINIUMS - HDP O2-
Findines:
1. Undevelopable areas of the project, pursuant to Section 21.53.230(b) of this code, have
been properly identified.
2. The project complies with the purpose and intent provisions of Section 21.95.010 of this
chapter in that hillside conditions are properly identified and are incorporated in the
design. The project is designed to relate to the slope of the land and alteration of
natural hillside will be done in an environmentally sensitive manner so that lagoons
and riparian ecosystems will be protected from increased erosion and no substantial
impacts to natural resources, wildlife habitats or native areas will occur.
3. The project design substantially conforms to the hillside development guidelines manual
in that the project complies with the design standards contained in the manual which
include screening of manufactured slopes, building setback from the top of slope,
hilltop architecture and hillside drainage.
4. The project complies with Section 21.95.120 in that the project qualifies for an
exclusion to develop natural slopes of a gradient greater than 40% and exceed
allowable grading quantities because of unusual geotechnical and soil conditions
that necessitate corrective grading measures; manufactured slopes are not greater
than 40 feet in height and will be landscaped consistent with the city’s landscape
manual; the building elevations are consistent with the architectural guidelines and
the buildings comply with slope edge building setbacks and the project complies with
Section 21.95.140 in that no modifications are proposed to the development and
design standards.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a Final Map or issuance of a grading 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 fhther 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. 5558 -2-
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2.
3.
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.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and CT 02-28, SDP 03-18, and
CP 02-13 and is subject to all conditions contained in Planning Commission Resolutions
No. 5554, 5555, 5556 and 5557 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 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.
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PC RES0 NO. 5558 -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 4th day of February 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5558 -4-