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HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56391 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. 5639 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP NORTH AND EAST SIDE OF HARRISON STREET, WEST OF ADAMS STREET AND SOUTH OF CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLUFFS 02-09 ON PROPERTY GENERALLY LOCATED ON THE CASE NO: HDP 02-09 WHEREAS, Anastasi Development Company, LLC, a Limited Liability Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 3, 7, 8,9 and 10 inclusive, in Block “A” and Lots 1, 2,3, 5, and 6 inclusive in Block “D” of resubdivision of portions of Tract 238 and 243 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2103, filed in the Office of the County Recorder of San Diego, April 3,1928 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits ‘(A” - “JJ” dated May 19, 2004, on file in the Carlsbad Planning Department, BLUFFS - HDP 02-09, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of May 2004, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 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 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 BLUFFS - HDP 02-09 based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the 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 the Agua Hedionda lagoon will be protected from increased erosion. The site does not contain any natural resources, wildlife habitats, or native areas; therefore, no substantial impacts will occur. 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 project site does not have any undevelopable portions as defined by Section 21.53.230. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project complies with the design standards contained in the manual which include screening of manufactured slopes, grading within the acceptable grading quantities, and hillside architecture by stepping the buildings with the slope and roof pitches following the slope direction. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of 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 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. PC RES0 NO. 5639 -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 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 the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CT 02-18, CP 02-10, SDP 03- 03, and CDP 03-35 and is subject to all conditions contained in Planning Commission Resolutions No. 5634,5635,5636,5637 and 5638 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 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. ... ... ... ... ... ... PC RES0 NO. 5639 -3 - 1 2 3 4 5 6 7 8 s 1c 11 1; 1: 1f 1: 1t 1’ 11 l! 2( 2 2: 2 2 2 2 2 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of May 2004, by the following vote, to wit: AYES: Chairperson Whitey Commissioners Baker , Dominguez Heineman, and Whitton NOES: None ABSENT: Commissioners Montgomery and Segall ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5639 -4-