HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57171
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PLANNING COMMISSION RESOLUTION NO. 5717
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PROPERTY GENERALLY LOCATED SOUTHEAST OF
COLLEGE BOULEVARD, SOUTHWEST OF ASTON
AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PALOMAR POINTE
HILLSIDE DEVELOPMENT PERMIT HDP 03-02 ON
AVENUE, AND NORTH OF THE MC CLELLAN-PALOMAR
CASE NO: HDP 03-02
WHEREAS, T. Lawrence Jett, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt,
Trustees of the Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75%
interest and T. Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,”
described as:
That portion of Lot F of the Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 823, filed in the Office of the
County Recorder of San Diego, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “N” dated September 1, 2004, on file in the
Carlsbad Planning Department, PALOMAR POINTE - HDP 03-02, as provided by Chapter
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 1st day of September 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:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES PALOMAR POINTE - HDP 03-02 based on the following
findings and subject to the following conditions:
Findines :
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7.
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 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. Significant natural resources such as vernal
pools, and a majority of the Diegan Coastal Sage Scrub, and Southern Maritime
Chaparral will be preserved on site. Project impacts to sensitive resources have
been analyzed in the Mitigated Negative Declaration prepared for the project.
Impacts to sensitive biological resources will be reduced to a less than significant
level with implementation of the Palomar Pointe Mitigation Monitoring and
Reporting Program. No impacts will occur to “dual criteria” slopes.
That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230, in that no grading will occur in
areas with natural slopes over 40% or within areas containing vernal pools.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that grading is within the acceptable
quantity range with 2,206 cu. yds/acre; no slopes over 40 feet are being created as a
result of the grading scheme; the buildings observe the required slope edge building
setback from top of slope, and all manufactured slopes will be landscaped in
accordance with the City’s Landscape Guidelines Manual.
That the project design and lot configuration minimizes disturbance of hillside lands, in
that the significant slope and sensitive habitat areas are being preserved in open
space.
That the site does not have unusual geotechnical or soil conditions that necessitate
corrective work that may require significant amounts of grading.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of grading permit, whichever occurs first.
PC RES0 NO. 5717 -2-
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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 the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-08, ZC 04-03, LCPA
04-07, CT 04-06, PUD 03-02, PIP 03-02, and CDP 03-06 and is subject to all
conditions contained in Planning Commission Resolutions No. 5709, 5710, 5711, 5712,
5713,5714,5715, and 5716 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 fees/exactions
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. 5717 -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 1st day of September 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. H~ZM~ER
Planning Director
PC RES0 NO. 5717 -4-