HomeMy WebLinkAbout1993-11-03; Planning Commission; Resolution 35671.
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PLANNING COMMISSION RESOLUTION NO. 3567
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE
LOTS ON PROPERTY GENERALLY LOCATED IN THE
NORTHEAST QUADRANT OF THE CITY, SOUTH OF
CARLSBAD VILLAGE DRIVE, EAST OF VICTORIA AVENUE, IN
THE CALAVERA HILLS MASTER PLAN, IN LOCAL FACILITIES
MANAGEMENT PLAN ZONE 7.
CASE NAME: CALAVERA HEIGHTS VILLAGE "H"
DEVELOPMENT PERMIT TO SUBDMDE 13 SINGLE-FAMILY
CASE NO: HDP 90-25
€3 WHEREAS, a verified application has been filed with the City of Carlsbad and
: 9 referred to the Planning Commission; and
10 WHEREAS, said verified application constitutes a request as provided by Title
'I 11 21 of the Carlsbad Municipal Code; and
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13 I/ WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
14 II Commission did, on the 3rd day of November, 1993, consider said request on property
15 I/ described as:
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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.
19 ~ WHEREAS, at said public hearing, upon hearing and considering all testimony
20 1 and arguments, if any, of all persons desiring to be heard, said Commission considered all
21 11 factors relating to HDP 90-25.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
ll of the City of Carlsbad as follows: 24
25 II A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES HDP 90-25, based on the following findings and subject to the
following conditions:
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FhdiIlm:
1. That hillside conditions and undevelopable areas of the project have been properly
identified because the site's hillside slope conditions and undevelopable areas have
been identified on Constraints Exhibit "H" dated, November 3, 1993.
2. That the development proposal and all applicable development approvals and
permits are consistent with the purpose, intent, and requirements of this chapter
and that the project design substantially conforms to the intent of the concepts
illustrated in the hillside development guidelines manual for the following reasons:
a. All manufactured cut and fill slopes are landform/contour graded and do not
exceed a height of 30 feet.
b. The project's cut/fill grading volumes of 6,129 cubic yds. per graded acre
falls within the "acceptable range" of 0 - 7,999 cubic yds./acre.
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c. Landscaping in conformance with the City's Landscape Manual would be
provided on all manufactured slopes to assist in visually screening the slopes
and to reduce slope erosion.
d. The project meets all the requirements of the Hillside Development
Regulations and Guidelines. The future homes would have roof lines that are
varied and relate to the topography as required by the Village "H" Design
Standards.
l5 // 3. That no development or grading will occur in those portions of the property which
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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 40%+ slopes. The project contains several
large stands of mature eucalyptus trees and a majority of those tree would be
preserved.
4. That the project's design and lot configuration minimizes disturbance of hillside
lands because the use of a narrower 32 foot wide private street verses a wider
public street minimizes and reduces the amount of grading and disturbance of the
natural topography and helps to preserve a large majority the eucalyptus trees. In
addition, small 60 foot long starter type building pads have been created to
minimize grading impacts to the canyon. Future residential development would be
required to step or terrace down the manufactured slope of the starter pad to more
closely conform to the topography of the site. The manufactured slopes would be
contour graded to follow the existing topography of the canyon and the slopes
would be landscaped for erosion control and visual screening. The lots also would
terrace down the slope towards the south to conform with the natural grades.
PC RES0 No. 3567 2
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5. The project is consistent with all City public facility policies and ordinances since:
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.
6. 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 any
additional requirements established by a Local Facilities Management Plan prepared
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
I pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
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7. 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 Local
Facilities Management Plan for Zone 7.
8. School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified District.
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
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the general plan.
l7 11 conditions:
18 1. All conditions of approval for CT 90-26 as contained in Planning Commission
Resolution No. 3565 are applicable to this approval and incorporated through this
19 reference.
2o 2. Approval for HDP 90-25, as shown on Exhibits "A"-"M", dated November 3, 1993
21 incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown on the approved exhibits. Any proposed grading
22 and/or development shall require a new Hillside Development Permit for each lot.
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3. Approval of HDP 90-25 is granted subject to approval of CT 90-19, and PUD 90-20.
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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, 1993
by the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Bets
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
0" BAILEY NOBLE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
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