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HomeMy WebLinkAbout2004-03-17; Planning Commission; Resolution 55811 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. 5581 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING HILLSIDE DEVELOPMENT PERMIT HDP 02-04 TO CONSTRUCT THREE SINGLE-FAMILY RESIDENCES ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF ADAMS STREET AND EAST SIDE OF HOOVER STREET IN LOCAL, FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD OCEANVIEW ESTATES CASE NO.: HDP 02-04 WHEREAS, Henry Olivier, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 4 in Book C of Bellavista, in the City of Carlsbad, County of San Diego, State of California, According to Map Thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7,1929 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A” - “J” dated March 17, 2004, on file in the Planning Department CARLSBAD OCEANVIEW ESTATES - HDP 02-04, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of March 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES CARLSBAD OCEANVIEW ESTATES - HDP 02-04, based on the following findings and subject to the following conditions: 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 Findings: 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 the 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 hillside drainage and grading volume. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building 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 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 CDP 02-16 and is subject to all conditions contained in Planning Commission Resolution No. 5580 for that other approval is incorporated herein by reference. This approval is subject to approval of MS 02-05 and is subject to all conditions contained in the administrative letter of approval, incorporated herein by reference. ... ... PC RES0 NO. 5581 -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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of March 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Heineman, Montgomery, Segall, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None MBLkSSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5581 -3-