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-