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HomeMy WebLinkAbout1993-01-06; Planning Commission; Resolution 3484r' & 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION, RESOLUTION NO. 3484 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF FUTURE CANNON ROAD, -EAST OF PASEO DEL NORTE, AND WEST OF LOCAL FACILITIES MANAGEMENT ZONES 5 AND 8. CASE NAME: CARLSBAD RANCH SPECIFIC PLAN CASE NO: HDP 92-11 WHEREAS, a verified application for certain property to wit: A Portion of Lot "H" of 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 County, November 16, 1892, has been filed with the City of Carlsbad and referred to the Planninp: Commission; an( WHEREAS, said verified application constitutes a request as provided I Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 6th day of January, 199 consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony a: arguments, if any, of all persons desiring to be heard, said Commission considered factors relating to the Planning Commission Determination; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cornmissi as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commiss APPROVES HDP 92-11, based on the following findings and subject to following conditions: .... 1 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 FiIldiIlgS: 1. Hillside conditions have been properly identified on the "Constraints Map" for I project. As shown on that exhibit natural 40 percent and greater slope areas i not proposed to be graded. Other 40 percent and greater slopes on the site i manufactured slopes created by authorized gradingfor Car Country Drive, Palon Airport Road, and on site drainage courses created by authorized agridtu grading. Proposed grading of 40 percent and greater slopes is limited recontouring manufactured slopes along Palomar Airport Road and regrading the lirnited areas of 40 percent and greater slopes created by author% agricultural grading which is permitted under Section 21.95.090 (b) (1) of 1 Hillside Development Regulations. 2. Undevelopable areas of the project have been properly identified on 1 "Constraints Map" for the project as well as in Program EIR 91-03 for the Carlst Ranch specific Plan. 3. The development proposal and all applicable development approvals and penr are consistent with the purpose, intent and requirements of the Hills Development Regulations since alteration of significant hillside natural resou areas is not proposed, recontouring several previously graded areas of the sitt proposed to establish a more ~dy appearing hillside, agricultural use of I majority of the site will continue with development concentrated on the east s, of the proposed ridge road, and significant landscaped building setback areas : proposed. 4. No development or grading will occur in those portions of the property which ; undevelopable pursuant to the provisions of Section 21.53.230. Natural slo] over 40 percent in grade will remain undisturbed as well as those areas of the : containing mixed chaparral or diegan coastal sage scrub. 5. The project design and lot configuration minimizes disturbances of hillside 1a1 as light grading to establish building sites and accommodate drainage fa&& proposed in addition to recontouring of the land in areas to establish a xn ~dy appearing landfom 6. The project design substantially conforms to the intent of the concepts illustra in the hillside development guidelines manual as recontouring of existing stc slopes associated with the widening of Palomar Airport Road will be comple and extensive landscaping is proposed on all manufactured slopes. 7. The net grading amount of 6,228 cubic yards per acre falls within the accepta range required by the Hillside Development Ordinance. PC RES0 NO. 3484 -2- .I .b 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 8. The Planning Commission has, by inclusion of an appropriate condition to tl project, ensured building permits will not be issued for the project unless the C: Engineer determines that sewer service is available, and building cannot occ within the project unless sewer service remains available, and the Planni 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 tl project. 9. School fees will be paid to ensure the availability of school facilities in t Carlsbad Unified School District. 10. Park-in-lieu fees are required as a condition of approval. 11. All necessary public improvements have been provided or will be required conditions of approval. 12. The applicant has agreed and is required by the inclusion of an appropri condition to pay a public facilities fee. Perfomance of that contract and paymc of the fee will enable this body to find that public facilities will be availa' concurrent with need as required by the General Plan. 13. The proposed project is compatible with the surrounding future land uses sh surrounding properties are designated for agricultural and non-residenl development on the General Plan. 14. An EIR was prepared for this project and has been recommended for certificad by the Planning Commission. The EIR (EIR 91-03) identified a number potentially significant impacts created by this project and possible mitigat measures to reduce these impacts to a level of insignificance. These mitigat measures have been incorporated into the project through redesign or conditic of approval, to reduce all impacts to a level of insignificance, with the except of Air Quality and Solid Waste for which overriding considerations are propos 15. This project is consistent with the City's Growth Management Ordinance as it : been conditioned to comply with any requirement approved as part of the LC Facilities Management Plan for Zone 13. 16. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hills Ordinance) and meets all the requirements of that Chapter to ensure the sensil treatment of the City's hillside resources. .... .... PC RES0 NO. 3484 -3- 8 \ 0 0 1 2 3 Conditions: 1. Approval is granted for HDP 92-11, as shown on Exhibit(s) "G" - "Z", date January 6, 1993, incorporated by reference and on file in the Plannin Department. Development shall occur substantially as shown Jess otheds noted in these conditions. 4 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy ( shall reflect the conditions of approval by the City. The map copy shall 1 submitted to the City Engineer and approved prior to building, grading, final m? 5 the Tentative Map as approved by the Planning Commission. The Tentative Ma 6 7 or improvement plan submittal, whichever occurs first. a 3. Approval of HDP 92-11 is granted subject to the approval of EIR 91-03, GPA 91 11, LCPA 90-08, SP 207, ZC 92-02, CT 92-07 and AP 76-01(C). 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. All conditions of EIR 91-03, as contained in Resolution No. 3476, GPA 90-1 LCPA 90-08, SP 207, ZC 92-02, CT 92-07 and Ap 76-01(C) are incorporated 1 reference herein. .... .... .... .... .... .... .... .... .... .... .... 25 11 .-.- 26 27 PC RES0 NO. 3484 -4- 28 I1 , .. L 1 2 3 4 5 6 7 8 9 10 11 12 13 3.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of January, 1993, by the following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Schrarnm, Welshons, Savary & Hall. NOES: Commissioner Erwin. ABSENT: None. ABSTAIN: None. Ai& - -. y9, i1 f & 1 BAILEY NOS&, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: \ PLANNING DIRECTOR PC RES0 NO. 3484 -5-