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Home My WebLink About1993-06-16; Planning Commission; Resolution 3520<I 1 e 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 I i PLANNING COMMISSION RESOLUTION NO. 3520 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFOWLA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO PROPERTY GENERALLY LOCATED IN THE NORTHEAST QUADRANT OF THE CITY, EAST OF LEXINGTON CIRCLE AND LANCASTER ROAD, IN THE WVEM HILLS MASTER PLAN IN LOCAL, FACILITIES MANAGEMENT PLAN ZONE 7. CASE NAME: CALAVERA HEIGHTS VILLAGE 'W, X, &, Y" SUBDMDE AND DEVELOP 73 SINGLE-FAMILY LOTS ON CASE NO: HDP 90-33 WHEREAS, a verified application has been filed with the City of Carlsbad an referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Tit11 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin; Commission did, on the 16th day of June, 1993, consider said request on propeq described as: Portions of lots D, E, and J of the Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 823 on file at the office of the County Recorder of San Diego County. WHEREAS, at said public hearing, upon hearing and considering all testimoq and arguments, if any, of all persons desiring to be heard, said Commission considered a1 factors relating to HDP 90-33. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cornmissior of the City of Carlshad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissiol recommends APPROVAL of HDP 90-33, based on the following findings an( subject to the following conditions: I 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 FindiIl&S: 1. Grading for College Boulevard creates manufactured slopes higher than 30 feet, an encroaches into 40% slopes, however, where circulation element roadways must b placed and no feasible alternatives consistent with the HiUside Developmer Regulations are Able the roadway may be excluded from the requirements ( the regulations by the decision making body based on Title 21 of the MuniCip; Code Chapter 21.95.090@)(2). Analysis of alternatives for College Boulevax indicates that due to topographical constraints there is no feasible alternatil consistent with Chapter 21.95. 2. That hillside conditions and undevelopable areas of the project have been proper1 identified, because the site's billside slope conditions and undevelopable areas hav been identified on a slope constraints exhibit. 3. That the development proposal and all applicable development approvals an permits are consistent with the purpose, intent, and requirements of this chaptc and that the project design substantially conforms to the intent of the concepl illustrated in the hillside development guidelines manual, because: a. All manufactured cut and fill slopes are land form/contour graded and do nc exceed a height of 30 feet- b. The project's cut/fill grading volumes of 7,930 cubic yds. per graded au would fdl within the "acceptable range" of 0-7,999 cubic yds./acre. c. Landscaping in conformance with the Calavera Hills Master Plan and th City's Landscape Guidelines Manual Plan would be provided on al manufactured slopes to visually screen the slopes and to reduce erosion. d. All structures and roofs within the project would be earth tone in color tl reduce visual impacts. e. A percentage of the homes along the top of slopes would be one-story i height and all homes would have varying roof lines, and sloping roofs. f. Homes would be setback hm the top of manufactured slopes from 15 to 61 feet. 4. That no development or grading will occur in those portions of the property whid are undevelopable pursuant to the provisions of Section 21.53.230 of this code because all undevelopable areas have been identified and no development or gradin; would occur in the areas containing 40%+ slopes. PC RES0 NO. 3520 -2- 28 <- I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1N 5. That the project design and lot configuration minimilms disturbance of hillside lands because the proposed grading would create building pads that are terraced for vim and step down the slope. A majority of the local streets and manufactured slope would be curved and are aligned to follow the trend of the ~tUral contours. Thc street alignments and curving land form graded slopes would reduce visual impact created by the grading and help simulate the ~tUral slope conditions. 6. The project is consistent with all City public facility policies and ordinances since The Planning Commission has, by inclusion of an appropriate condition to thi: project, ensured building permits will not be issued for the project unless the CitJ Engineer determines that sewer service is available, and building cannot occu within the project unless sewer service remains available, and the Planninl Commission is satisfied that the requirements of the Public Facilities Element of thc General Plan have been met insofar as they apply to sewer service for this project 7. The applicant is by condition, required to pay any increase in public facility fee, 0: new construction tax, or development fees, and has agreed to abide by an; additional requirements established by a Local Facilities Management Plan prepare( pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensurc continued availability of public facilities and will mitigate any cumulative impact created by the project. 8. This project is consistent with the City's Growth Management Ordinance as it ha: been conditioned to comply with any requirement approved as part of the Loca Facilities Management Plan for Zone 7. 9. School fees will be paid to ensure the availability of school facilities in the Carlsbac Unified District. If II 18 20 11. The applicant has agreed and is required by the inclusion of an appropriatc 19 10. Park-in-lieu fees are required as a condition of approval. 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 21 concurrent with need as required by the general plan. 22 Conditions: 23 1. All conditions of approval for CI' 90-26 as contained in Planning Commissi01 24 Resolution No. 3518 are applicable to this approval and incorporated through thi: reference. 25 ~ 26 27 PC RES0 NO. 3520 -3- 28 -. ' I/ @ 8 2. Approval for HDP 90-33, as shown on Exhibits "A"-"J.J", dated June 16, 199: shall occur substantially as shown on the approved exhibits. Any proposed gradin2 Planning Director, shall require an amendment to this permit. 1 and/or development substantially Merent from this approval as determined by tht 2 incorporated by reference and on file in the Planning Department. Developmen 3 4 5 3. Approval of HDP 90-33 is granted subject to the certification of EIR 90-05, ant PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninl 6 7 Commission of the City of Carlsbad, California, held on the 16th day of June, 1993, by the 8 following vote, to wit: approval of GPA 90-04, MP 150(G), CI' 90-26, and PUD 90-26. 9 10 I1 AYES: Chairperson Noble; Commissioners: Schlehuber; Betz. Welshons & Savary. NOES: Commissioner Erwin. 12 ABSTAIN: None. 13 ABSENT: Commissioner Hall. 14 15 16 17 +ma I- BAILE~E Chairperson CARLSBAD PLANNING COMMISSION l8 /I ATTEST: 19 ! 22 23 24 25 26 27 11 PC RES0 NO. 3520 -4- 28 I1