Loading...
HomeMy WebLinkAbout1993-11-03; Planning Commission; Resolution 35492 I1 9 e 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 3549 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE LOTS AND 40 CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS. CASE NAME: COSTA DO SOL CASE NO: HDP 92-10 DEVELOPMENT PERMIT TO DEVELOP 112 SINGLE-FAMILY f 7 II WHEREAS, a,verified application for certain property to wit: 8 9 Parcel 2 of Parcel Map 6136 in the City of Carlsbad, County of San Diego, California, filed and recorded in the San Diego County Recorder's Office, July 6, 1977. lo 11 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 12 II 13 II 21 of the Carlsbad Municipal Code; and 14 15 WHEREAS, at said public hearing, upon hearing and considering all testimony 16 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, the Planning Commission did, on the 3rd day of November, 1993 I.7 // and arguments, if any, of all persons desiring to be heard, said Commission considered all 18 19 factors relating to the HILLSIDE DEVELOPMENT PLAN. 2o 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 21 11 as follows: 22 11 A) That the above recitations are true and correct. 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES HDP 92-10, based on the following findings and subject to the following conditions: FjIldiIlS?3: 1. The project is consistent with the Zone 20 Specific Plan since the overaU proposed density of 5.3 dus/acre is within the density range of 4-8 dus/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 6. -. 1 2 3 4 5 6 7 8 9 10 11 0 e 2. 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 Cit Engineer determines that sewer service is available, and building cannot occu within the project unless sewer service remains available, and the Planninz 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 3. The project is in compliance with the adopted mitigation measures of Fina Environmental Impact Report 90-03 and would not create any additional significan adverse environmental impacts. 4. 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 anJ 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 impact: created by the project. 12 5. 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 Loca: 13 Facilities Management Plan for Zone 20. 14 15 Unified School District. 16 '" 7. Park-in-lieu fees are required as a condition of approval. 8. All necessary public improvements have been provided or will be required as 18 conditions of approval. 19 9. 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 concurrent with need as required by the general plan. 6. School fees will be paid to ensure the availability of school facilities in the Carlsbad 20 of the fee will enable this body to find that public facilities will be available 21 22 23 24 25 10. The project complies with all requirements of Chapter 20.12 of the Carlsbad Municipal Code. 11. That hillside conditions and undevelopable areas of the project have been properly idenaed, because the site's hillside slope conditions and undevelopable areas have been identified on Constraints Exhibit "QQ dated, October 6, 1993. 26 12. That the development proposal and all applicable development approvals and illustrated in the hillside development guidelines manual for the following reason: 28 and that the project design substantially conforms to the intent of the concepts 27 permits are consistent with the purpose, intent, and requirements of this chapter PC RES0 NO. 3549 -2- 4 ll 1 e a. All manufactured cut and fill slopes are landformlcontour graded and do no1 exceed a height of 30 feet. 2 3 4 5 b. The project's cut/fill grading volumes of 4,281 cubic yds. per graded acrt falls within the "acceptable range" of 0 - 7,999 cubic yds./acre. c. Landscaping in conformance with the Zone 20 Specific Plan would be provided on all manufactured slopes to assist in visually screening the slopes and to reduce slope erosion. 6 7 a 9 10 13. That no development or grading will occur in those portions of the property which 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 grading would occur in the areas containing 25 to 45%+ slopes. The project contah riparian habitat and this area would be preserved. 14. That the project design and lot configuration minimizes disturbance of hillside lands, I because the proposed grading would create building pads that are terraced and step XI. ll down the slope. 12 14 1. Approval for HDP 92-10, as shown on Exhibits "A"-"TT", dated October 6, 1993 l3 General Planning Conditions: incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibits. Any proposed grading 15 and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this permit. 16 17 18 2. Approval of HDP 92-10 is granted subject to the approval of CT 92-01, PUD 92-01 & SDP 93-04. 3. All conditions of approval for the CT 92-01 as contained in Planning Resolution No. 19 I 3546 are applicable and incorporated through this reference. I 20 21 22 23 ... ... ... 24 25 "' .-. 26 27 ... 28 ... PC RES0 NO. 3549 -3- II 4 il 9 T 1 2 3 4 5 6 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, California, held on the 3rd day of November, 1992 by the following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Bet: Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. 8 /i ABSTAIN: None. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RES0 NO. 3549 -4-