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HomeMy WebLinkAbout1992-02-19; Planning Commission; Resolution 3353.I- f 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 e 0 PLANNING COMMISSION RESOLUTION NO. 3353 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR A 205 LOT TENTATIVE TRACT MAP CONSISTING OF 199 RESIDENTIAL LOTS AND 6 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED ON THE SOUTHWESTERLY SIDE OF EL CAMINO REAL BETWEEN THE FUTURE EXTENSION OF CANNON ROAD AND EXISTING CAMINO HILLS DRIVE. CASE NAME: EVANS POINT CASE NO: HDP 91-3 WHEREAS, a verified application for certain property to wit: A portion of Lot "F" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to the map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, has been filed with the City of Carlsbad and referred to the Planning Commission; an( WHEREAS, said verified application constitutes a request as provided b Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of Februaq 1992, 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 Commissio RECOMMENDS APPROVAL of HDP 91-3, based on the following findings an subject to the following conditions: ... ... .'d 0 0 Findings: 1 1. Hillside conditions have been properly identified on the constraints map/hillside 2 development permit exhibit. 3 4 2. Undevelopable areas of the project site, such as slopes over 40% have been properly identified on the constraints map/hillside development permit exhibit and 5 were determined to be excluded from the Hillside Development Regulations by 7 3. The development proposal and all applicable development approvals and permits 6 Sections 21.95.09O(b)(l) and (3). Development Regulations. are consistent with the purpose, intent and requirements of the Hillside a 4. 9 10 11 12 5. 13 14 15 16 6- 17 18 19 20 21 22 23 24 The finding that no development or grading will occur in those portions of the site which are undevelopable pursuant to the provisions of Zoning Ordinance Section 21.53.230n) can be made as slopes over forty percent were excluded from density calculations as required and slopes greater than 40 percent impacted by the project were excluded from the Hillside Development Regulations by sections 21.95.09O(b)(l) and (3) thereby permitting them to be developed. Grading design minimizes disturbance of hillside areas to the greatest extent possible given the fact that portions of the site have been altered by previously authorized grading and the constraints to development of the on and offsite Circulation System identified in the Hillside Development section of the staff Report (February 19, 1992). The project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines as follows: a. Rounded slopes are proposed in areas. b. Where possible undulating slopes are proposed. c. Earth berms at the top of slopes are proposed to mitigate noise and visua d. Single story units are proposed on lots which are at highly visible keq e. Extensive landscaping is proposed on all manufactured slopes. impacts. locations in the development. f. Units will, in general, screen proposed manufactured slopes but not risf above the horizon. g. The proposed units provide a varied articulated tile roof. h. Significant portions of the site including hillsides wiIl remain as undisturbec: open space. 25 26 7. The project is consistent with the City's General Plan since the proposed densit of 3.03 du's/acre is within the density range of 0-4 du's/acre specified for the sit growth control point of 3.2. 27 as indicated on the Land Use Element of the General Plan, and is at or below th 28 PC RES0 NO. 3353 -2- I. r 0 0 1 8. 2 3 9. 4 5 6 7 8 9 10 11 12 13 14 I.5 14. 16 1'7 18 19 20 21 22 23 24 25 10. 11. 12. 13. 15. 16. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the Carlsbad School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 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 an] additional requirements established by a Local Facilities Management Plar prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This wil ensure continued availability of public facilities and will mitigate any cumulativt impacts created by the project. The proposed project is compatible with the surrounding residential land uses o RLM and R" provisions are provided to mitigate potential land use conflicts wid the adjacent non-residential land uses of PVRS/C/TS/U in Zone 5. An EIR was prepared for this project and has been recommended for certificatio~ by the Planning Commission. The EIR (EIR 91-2) identified a number ( potentially significant impacts created by this project and possible mitigatio measures to reduce these impacts to a level of insignificance. These mitigatio measures have been incorporated into the project through redesign or conditior of approval, to reduce all impacts to a level of insignificance. 26 17. This project is consistent with the City's Growth Management Ordinance as it h been conditioned to comply with any requirement approved as part of the Loci 27 Facilities Management Plan for Zone 24. 28 PC RES0 NO. 3353 -3- -I 6) t e 0 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillsid Ordinance) and meets all the requirements of that Chapter to ensure the sensitil treatment of the City's hillside resources. 19. Pursuant to Zoning Ordinance Section 21.95.070 (a)(l) the Planning Commissic finds that the site has unusual geotechnical or soil conditions that necessita corrective work that requires significant amounts of grading. The propose grading volumes are a result of remedial grading required for excavation an recompaction of the alluvial area of the site as discussed in the staff report for th project dated February 19, 1992. The proposed grading quantities are in th acceptable range when the amount for remedial grading is deducted. 20. The Pkdng Commission finds pursuant to Zoning Ordinance Section 21.95.07 (a)(3) that the proposed modification to the development and design standarc will result in significantly more open space or undisturbed area than would a stric adherence to the requirements of Section 21.95.060 as an additional 13.90 acrr of property will be provided as open space. This acreage would need to be grade in order for the grading quantity per acre to fall in the acceptable range L discussed in the staff report. Conditions: 1. Approval is granted for HDP 91-3, as shown on Exhibit(s) "A" - "AA", date February 19, 1992, incorporated by reference and on file in the Plannin Department. Development shall occur substantially as shown unless othenvis noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy c the Tentative Map (Exhibit "H", Composite Tentative Map, and Exhibits "Q" - "&I' 50 scale Tentative Map) as approved by the Planning Commission. The Tentativl Map shall reflect the conditions of approval by the City. The map copy shall bl submitted to the City Engineer prior to issuance of building permits o improvement plan submittal, whichever occurs first. 3. Approval of HDP 91-3 is granted subject to the approval of EIR 91-2, GPA 91-2 LCPA 91-1, ZC 91-6, CT 91-3, SUP 91-2. 4. All conditions of EIR 91-2, as contained in Resolution No. 3348, GPA 91-3, LCP, 91-1, ZC 91-6, CT 91-3, and SUP 91-2 are incorporated by reference herein. ... ... ... PC RES0 NO. 3353 -4- I_ . .. '. .* 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 27 ~ 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of February, 1992, by the following vote, to wit: AYES: Chairman Erwin, Commissioners: Schlehuber, Sch", Holmes, Savary, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. MLZMIHER PLANNING DIRECTOR I I ~ ~ PC RES0 NO. 3353 -5-