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HomeMy WebLinkAbout1991-07-17; Planning Commission; Resolution 3271* * 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. 3271 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR A 32 LOT TENTATIVE TRACT MAP CONSISTING OF 29 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL NORTH OF CAMIN0 HILLS DRNE. CASE NAME: EAGLE CANYON CASE NO: HDP 91-2 WHEREAS, a verified application for certain property to wit: A portion of Lot F of Rancho Agua Hedionda according to Map No. 823, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder on November 16, 1896, has been filed 4th the Cky of Carlsbad and referred to the PIanning Commission; an WHEREAS, said verified application constitutes a request as provided 1 Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of July, 199' consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony an arguments, if any, of all persons desiring to be heard, said Commission considered a factors relating to the Planning Commission Determination; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio: as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissior hereby recommends APPROVAL of HDP 91-2, based on the followin1 findings and subject to the following conditions: 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 28 Filldinm: 1. Hillside conditions have been properly identified on the constraints map/hikidl development permit exhibit. 2. Undevelopable areas of the project site, such as slopes over 4% have bea properly identified on the constraints map/hillside development permit exhibit an( were determined to be excluded from the Hillside Development Regulations b1 Sections 21.95.090(a)(1),(2) and (3). 3. The development proposal and all applicable development approvals and pennit are consistent with the purpose, intent and requirements of the Hillsidc Development Reguladons. 4. The hding that no development or grading will occur in those portions of the sit4 which are undevelopable pursuant to the provisions of Zoning Ordinance Sectio~ 21.53.230(b) can be made as slopes over forty percent were excluded from densit calculations as required and were excluded from the Hillside Developmenl Regulations by sections 21.95.090(A)(1)(2) and (3). 5. Grading design minimizes disturbance of hillside areas to the greatest e.xten1 possible given the fact that portions of the site have been altered by previousls authorized grading and the widening of El Camino Real a Circulation Elemeni Road is required. 6. The project design substantially conforms to the intent of the concepts illustratec in the Hillside Development Guidelines as follows: a. b. C. d. e. f. g- h. 1. Rounded slopes are proposed in areas. Where possible undulating slopes are proposed. Earth berms at the top of slopes are proposed to mitigate noise and visual impacts. Single story units are proposed for Lots 21 and 22 closest to El Camina Real as well as for Lots 1 and 29 at the project entrance. Extensive landscaping is proposed on all manufactured slopes. Units will, in general, screen proposed manufactured slopes but not rise above the horizon. The proposed units provide a varied articulated tile roof. The major slope along El Camino Real will be part of an open space lo1 with easements and will be maintained by a home owners association. The width of drainage benches on slopes are varied to accommodate landscaping for additional visual screening. PC RES0 NO. 3271 -2- 0 0 1 2 3 4 5 6 7 8 9 10 11 7. The project is consistent with the City‘s General Plan since the proposed densi of 3.2 du’s/acre is within the density range of 0 - 4 du’s/acre specified for the si as indicated on the Land Use Element of the General Plan, and is at or below tl- growth control point of 3.2. 8. The site is physically suitable for the type and density of the development since ti site is adequate in size and shape to accommodate residential development at tl density proposed. 9. The Planning Commission has, by inclusion of an appropriate condition to th project, ensured building permits will not be issued for the project unless the Cit Engineer determines that sewer service is available, and building cannot oca within the project unless sewer service remains available, and the Plannin Commission is satisfied that the requirements of the Public Facilities Element ( the General Plan have been met insofar as they apply to sewer service for th project. 10. School fees will be paid to ensure the availability of school facilities in th Carlsbad Unified School District. 12 14 12. All necessary public improvements have been provided or will be required a l3 11. Park-in-lieu fees are required as a condition of approval. conditions of approval. 15 16 17 18 19 20 21 22 23 24 25 26 27 13. The applicant has agreed and is required by the inclusion of an appropriatc condition to pay a public facilities fee. Performance of that contract and paymen of the fee will enable this body to find that public facilities will be availablc concurrent with need as required by the General Plan. 14. The proposed project is compatible with the surrounding future land uses sina surrounding properties are designated for residential development on the Genera Plan. 15. This project will not cause any significant environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on January 3,1991 and recommended for approval by the Planning Commission on July 17,1991, Ir approving this Conditional Negative Declaration the Planning Commission ha: considered the initial study, the staff analysis, all required mitigation measures anc any written comments received regarding the significant effects this project could have on the environment. .... PC RES0 NO. 3271 -3- 28 II 0 0 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 17. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 24. 18. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside Ordinance) and meets all the requirements of that Chapter to ensure the sensitive treatment of the City's hillside resources. Conditions: 1. Approval is granted for HDP 91-2, as shown on Exhibit(s) "A" - "X", dated July 17, 1991, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy oi the Site Plan as approved by the Planning Commission. The Site Plan shall reflecl the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first. 3. Approval of HDP 91-2 is granted subject to the approval of ZC 91-5, CT 91-2, anc SUP 91-2. 4. All conditions of the Conditional Negative Declaration, ZC 91-5, CT 91-2 anc SUP 91-1 are incorporated by reference herein. .... .... .... .... .... PC RES0 NO. 3271 -4- II 0 * 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin, Commission of the City of Carlsbad, California, held on the 17th day of July, 1991, b the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Savaq Erwin, Noble and Hall. NOES: None. ABSENT: Commissioner Schramm. ABSTAIN: None. """ " ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RES0 NO. 3271 -5-