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HomeMy WebLinkAbout1991-05-01; Planning Commission; Resolution 3215- I1 e 0 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 3215 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING A PLANNING DIRECTOR'S DECISION DENYING AN AMENDMENT TO A HILLSIDE DEVELOPMENT PERMIT TO MAINTAIN AN EXISTING GRADED BUILDING PAD THAT WAS NOT GRADED IN ACCORDANCE WITH THE THE AT 4435 SUNNYHILL DRIVE. CASE NAME: VON PAC- ORIGINAL PERMIT (HDP 87-l), ON PROPERTY LOCATED CASE NO: HDP 87-1(B) APPEAL 8 I1 WHEREAS, an appeal for certain property to wit: 9 10 11 12 Parcel B of Parcel Map No. 12243 in the City of Carlsbad and filed in the office of the County Recorder of San Diego County July 16,1982. has been filed with the City of Carlsbad and referred to the Planning Commission; and 13 /I WHEREAS, said verified appeal constitutes a request as provided by Title 21 of thc 14 Carlsbad Municipal Code; and 15 WHEREAS, pursuant to the provisions of the Municipal Code, the Planninl 16 I.7 Commission did, on the 3rd day of April, 1991, the 17th day of April, 1991, and on thc 1st day of May, 1991, hold a public hearing to consider said application on propen l8 I/ described as: l9 I! 20 I/ WEREAS, at sdd public hearlng, upon hear& and considerkg a! 21 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio; 23 considered all factors relating to the appeal of HDP 87-1 (B). 22 testimony and arguments, if any, of all persons desiring to be heard, said Commissio~ of the City of Carlsbad as follows: 25 26 27 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissio: UPHOLDS the Planning Director's decision based on the following findings: 28 ~.. 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 Findings: 1. Grading has occurred on natural slopes with an inclination of greater than 40 percent and the natural vegetation has been removed. Grading is prohibited in those portions of the property which are undevelopable pursuant to the provisions of Section 21.53.230 of the Municipal Code, Slopes greater than forty percent are considered undevelopable and should be protected from development. 2. The project is located in the Coastal Zone and must conform to the policies and requirements of the Agua Hedionda Land Use Plan. Policy 4.4 of the plan states that, (1) "grading shall be limited to minimal site preparation for pole-type footings", and (2) "on-site vegetation shall not be disturbed beyond the minimal area needed to be cleared for the construction process, which shall be clearly delineated on approved site plans". Approval was granted for a flat building pad. In this case, the more restrictive pole-type footing was not required. Under a liberal interpretation of the Aqua Hedionda Land Use Plan the approved flat building pad was considered the maximum allowable grading encroachment permitted on natural slopes exceeding a 25% inclination. The graded building pad has exceeded that approved limit and is larger in size at the expense of the surrounding natural slopes; the grading has encroached into deed restricted open space areas; and the natural vegetation has been removed. Therefore, further expansion of the pad beyond what was originally approved, encroachment into protected natural slopes and deed restricted open space areas is not in conformance with the policies and requirements of the Aqua Hedionda Land Use Plan. 3. The project does not conform to the purpose and intent of the hillside development regulations for the following reasons: a) Development has not assured that hillside alteration will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas. Natural vegetation and wildlife habitat has been removed from otherwise protected steep slopes and deed restricted open space areas. b) The project does not preserve the natural appearance of the hillside by assuring that development intensity relates to the slope of the land. The building pad has been increased in size and width, thus creating more intense development on the slopes. The graded fill slopes do not minimize disturbance of the natural hillside topography. The contour of the natural topography has been flattened out, the slope undulations have been straightened, and natural drainage swells have been filled in. PC RES0 NO. 3215 -2- I 4 0 e 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 4. A goal of the Hillside Development Ordinance is to preserve and enhance a healthful and aesthetically pleasing environment. The existing graded condition of the project does not meet this intent. A large section of the fill slope has eroded away and the displaced soil has washed downslope into the open space easement. Further slope failure and mud slides potentially threaten properties downslope. Drainage structures are not installed in compliance with the approved grading permit and also have the potential to create slope erosion. In addition, construction debris has been dumped in the open space easement at the base of the southern fill slope. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, California, held on the 1st day of May, 1991, by tf following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Marcus Erwin. NOES: Commissioners: McFadden and Schramm. ABSENT: None. ABSTAIN: Commissi . ..." ?Y"--- CARLSBAD PLANNING COMMISSION ATTEST: < PLANNING DIRECTOR PC RES0 NO. 3215 -3- 28