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HomeMy WebLinkAbout1990-04-18; Planning Commission; Resolution 3006% I! 0 0 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 PLANNING COMMISSION RESOLUTION NO. 3006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT FOR A 19 LOT TENTATlVE TRACT MAP CONSISTING OF 17 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF EL CAMINO REAL AND ELM AVENUE. CASE NAME: SPYGLASS CASE NO.: HDP 89-47 WHEREAS, a verified application for certain property to wit: A portion of Lot "J" Rancho Agua Hedionda, in the City of Carlsbad, according to Partition Map No. 823, has been filed with the City of Carlsbad and referred to the Planning Commissic WHEREAS, said verified application constitutes a request as providc of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 18th day of April, 1 said request; and WHEREAS, at said hearing, upon hearing and considering all tl arguments, if any, of all persons desiring to be heard, said Commission considel relating to the Planning Commission Detennination; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning C follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissia HDP 89-47, based on the following findings and subject to the following ( Findings: 1. Hillside conditions have been properly identified on the constraints map/ and slope profiles exhiiit 2. Undevelopable areas of the project site, such as slopes over 40%, have . identified on the constraints map/slope analysis and were determined to be 1 the Hillside Development Regulations by Sections 21.95.09O(a)(l) and (4) 0 0 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 3. The development proposal and all applicable development approvals and consistent with the purpose, intent and requirements of the Hillside Regulations because the findings can be made to grant the two requested to the development and design standards as specified in the staff report. 4. The finding that no development or grading will occur in those portions of t are undevelopable pursuant to the provisions of Zoning Ordinance Section can be made as slopes over forty percent were excluded from density ci required and were excluded from the Hillside Development Regulatiom 21.95.09O(a)(l) and (4). 5. Grading design minimizes disturbance of hillside areas to the greatest a given the fact that approximately 40 percent of the site has been altered authorized grading requiring corrective grading and that access to the site intersection spacing standards resulting in extensive grading being required site. 6. The project design substantially conforms to the intent of the concepts illu Hillside Development Guidelines as follows: 1. Preservation of views of neighboring subdivisioa 2. Rounded slopes are proposed throughout 3. Where possible undulating slopes are proposed. 4. Earth berms at the top of slopes are proposed to mitigate noise and v 5. Curvilinear streets are used where possible to create interest and ~ 6. Single story units are proposed adjacent to the comer of Elm and El 7. Extensive landscaping is proposed on all manufactured slopes. 8. Units will, in general, screen proposed manufactured slopes but not 1 9. The proposed units provide a varied articulated tile roof. 10. The major slopes along Elm and El Camino Real are to be open q 11. The width of drainage benches on slopes are varied to accommodat horizon nor block existing residential views. easements and will be maintained by a home owners association for additional visual screening. 7. The following findings required by Zoning Ordinance Section 21.95.070 are I the requested modifications to allow grading in excess of ten thousand cu acre of cut or fill and to create manufactured slopes in excess of thirty fee1 1. The site has unusual geotechnical or soil conditions that necessitz work that may require significant amounts of grading. Existing 1:l manufactured slope along El Camino Real must be re1 and corrective grading at the comer of Elm and El Camino Real n These two items account for over 50% of the proposed grading. PC RES0 NO. 3006 -2- * I1 0 0 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 2. The site requires extensive grading to accommodate a circulation elm The site has been extensively disturbed by the construction of Ezm a3 Real, both circulation element roads. This grading created slopes up height. Regrading along El Camino must be done to meet curre standards. Access along Ezm Avenue to the project site is dictated by the interse required in the city‘s ordinances. This results in extensive grading b to access the site. 8. The project is consistent with the Ciqs General Plan since the proposed c du’s/acre is within the density range of 0-4, du’s/acre specified for the site on the Land Use Element of the General Plan, and is at or below the growth of 3.2. 9. The site is physically suitable for the type and density of the development is adequate in size and shape to accommodate residential development a proposed. 1 .O. The Planning Commission has, by inclusion of an appropriate condition tc ensured that the final map will not be approved unless the City Council fin service is available to serve the project. In addition, the Planning Commissi a condition that a note shall be placed on the final map that building permil issued for the project unless the City Engineer detennines that sewer servicc and building cannot occur within the project unless sewer service remains 2 the Planning Commission is satisfied that the requirements of the Public Faci of the General Plan have been met insofar as they apply to sewer service fo 11. School fees will be paid to ensure the availability of school facilities in School District. 12. Park-in-lieu fees are required as a condition of approval. 13. AU necessary public improvements have been provided or will be required of approval. 14. The applicant has agreed and is required by the inclusion of an appropriatt pay a public facilities fee. Performance of that contract and payment oj enable this body to find that public facilities will be available concurrent required by the General Plan. 15. The proposed project is compatible with the surrounding future lan surrounding properties are designated for Low-Medium Density Resider Density Residential, and Professional and Related development on the Gen PC RES0 NO. 3006 -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 0 0 16. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on March 2 APPROVED by the Planning Commission on April 18, 1990. In approving Declaration the Planning Commission has considered the initial study, the I all required mitigation measures and any written comments received rl significant effects this project could have on the environment. 17. The applicant is by condition, required to pay any increase in public faciliq construction tax, or development fees, and has agreed to abide by I requirements established by a Local Facilities Management Plan prepared Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued : public facXties and WU mitigate any cumulative impacts created by the prt 18. This project is consistent with the City's Growth Management Ordinance a conditioned to comply with any requirement approved as part of the LC Management Plan for Zone 2. 19. This project was subject to Chapter 21.95 of the Carlsbad Municipal C Ordinance) and meets all the requirements of that Chapter to ensure treatment of the City's hillside resources or has been granted a rnodific development and design standards. Conditions 1. Approval is granted for HDP 89-47, as shown on Exhibit(s) "A" - "R", da 1990, incorporated by reference and on file in the Planning Department. shall occur substantially as shown unless otherwise noted in these conditio 2. Approval of HDP 89-47 is granted subject to the approval of CT 89-26 anc 3. All conditions stated in Resolutions 3004, 3005, 3007 for the Conditia Declaration, CT 8947, and SUP 89-9 are incorporated by reference herein \\\ \\\ \\\ \\\ \\\ \\\ \\\ PC RES0 NO. 3006 -4- ,.. 0 a 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of t 2 3 Commission of the City of Carlsbad, California, held on the 18th day of April, 7 following vote, to wit: 4 5 AYES: Chairperson Schramm, Commissioners: Hall, McFadde~ NOES: Commissioners: Erwin 8z Holmes. 6 7 8 ABSENT: Commissioner Schlehuber. ABSTAIN: None. .- - 9 10 11 12 ATTEST: CARLSBAD PLANNING COMMISSION 13 14 MICHAEL J. HOLZMILL~R PLANNING DIRECTOR 15 16 17 18 19 I 20 21 22 23 24 25 26 27 PC RES0 NO. 3006 -5- 28