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HomeMy WebLinkAbout1993-11-03; Planning Commission; Resolution 35671. 1 2 3 4 5 6 7 e 0 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 12 II 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: 16 17 18 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. 22 23 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. 26 27 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: 28 11 II I1 0 0 1 2 3 4 5 6 7 8 9 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. 10 11 12 13 14 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 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -, e 0 1 2 3 4 F; J 6 7 8 91 10 11 12 13 14 15 16 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 j 1 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. 23 25 24 3. Approval of HDP 90-25 is granted subject to approval of CT 90-19, and PUD 90-20. 26 ... ... 27 (( PC RES0 NO. 3567 3 28 L, Je !I 9 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 23 11 24 25 26 27 28 PC RES0 No. 3567 4 I1