HomeMy WebLinkAbout1993-11-03; Planning Commission; Resolution 35492 I1 9 e
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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
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7 II WHEREAS, a,verified application for certain property to wit:
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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.
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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
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13 II 21 of the Carlsbad Municipal Code; and
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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
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factors relating to the HILLSIDE DEVELOPMENT PLAN.
2o 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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22 11 A) That the above recitations are true and correct.
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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.
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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.
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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
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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
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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-
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a. All manufactured cut and fill slopes are landformlcontour graded and do no1
exceed a height of 30 feet.
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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.
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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.
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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
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Planning Director, shall require an amendment to this permit.
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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
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PC RES0 NO. 3549 -3- II
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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.
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CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 3549 -4-