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HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56481 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. 5648 A RESOLUTION OF THE PLANNING COMMISSION OF THE SIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD BETWEEN AVIARA PARKWAY AND COBBLESTONE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: EMERALD POINTE ESTATES CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILL- CASE NO: HDP 02-02 WHEREAS, BCS Natural Resources Corp., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by BCS Program L-2 LTD., “Owner,” described as: Parcel 1: All that portion of that parcel of land designated as “Description No. 5, 103.54 acres as shown and delineated on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19,1960. Excepting therefrom portions of Parcel 1 of Parcel Map No. 15662 as described in Official Records. Parcel 2: Lot 115 of Carlsbad Tract No. 84-32(A), Unit No. 1 (Cobblestone Sea Village) in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 23428, filed in the Office of the County Recorder of San Diego County, June 3,1997. Parcel No. 3: Easement for roadway and utility purposes over those certain strips of land designated as “60 foot strip and 66 Foot easement reserved for roadway and utility purposes,” as shown on said Record of Survey Map No. 5715. Excepting from said 60 foot strip, that portion which lies within Parcel No. 1 above. Parcel 4: A temporary easement for pedestrian and vehicular access, ingress and egress as contained in document recorded May 1, 1996, as File No. 1996-0218757 of official records being a portion of Parcel 1 of Parcel Map 15661, that portion being a portion of the easement for roadway and utility purposes over those certain strips of land designated and as described in official records (“the Property”); and 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 WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “”A” - “M” dated June 16, 2004, on file in the Carlsbad Planning Department EMERALD POINTE ESTATES - HDP 02-02, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 16th day of June, 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: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES EMERALD POINTE ESTATES - HDP 02-02, based on the following findings and subject to the following conditions: Findings : 1. 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 development conforms to the slope of the land, grading has been minimized and the project is designed in an environmentally sensitive manner to preserve wildlife habitats and a HMP habitat preserve. 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 steep slopes will not be impacted by the project. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project is located within the 2. 3. 4. 5. PC RES0 NO. 5648 -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 flatter, previously disturbed areas of the site and manufactured slopes that are less than 40 feet in height will be screened with native vegetation. Grading quantities, which are in the potentially acceptable range, are slightly higher due to the restricted area of development. 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that the project is located within the flatter, previously disturbed areas of the site. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of grading permit, whichever occurs first. 1. 2. 3. 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. 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, Addendum, and Mitigation Monitoring and Reporting Program, GPA 03-05, LCPA 02-02, ZC 02-02, CT 02-07, and CDP 02-07, and is subject to all conditions contained in Planning Commission Resolutions No. 5643, 5644, 5645, 5646, 5647 and 5649 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 fees/exactions. 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. PC RES0 NO. 5648 -3 - 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 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 16th day of June 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Heineman, Montgomery and Segall NOES: None ABSENT: Commissioners Dominguez and Whitton ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: A MICHAEL J. HOLZMILUZR Planning Director PC RES0 NO. 5648 -4-