HomeMy WebLinkAbout1994-02-02; Planning Commission; Resolution 3604* II 0 0
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PLANNING COMMISSION RESOLUTION NO. 3604
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE
DEVELOPMENT PERMIT ON PROPERTY GENERALLY
LOCATED SOUTH OF LA COSTA AVENUE, EAST AND
NORTH OF THE CITY OF ENCINITAS AND WEST OF EL
WINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE
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CASE NAME: GREEN VALLEY MASTER PLAN
CASE NO: HDP 92-15
WHEREAS, a verified application for certain property to wit:
A portion of Section 2, Township 13 South, Range 4 West;
and a portion of Section 35, Township 12 South, Range 4
West, San Bemardino Meridian, City of Carlsbad, County of
San Diego, State of California.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as provided in Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of January, 1994
and on the 2nd day of February, 1994, hold a duly noticed public hearing as prescribed
by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering al
testimony and arguments, if any, of all persons desiring to be heard, said Commissior
considered all factors relating to the Hillside Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissiol
of the City of Carlsbad, as follows:
A> That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissio~ APPROVES HDP 92-15 based on the following findings, and subject to thc
following conditions.
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Findings:
1. Hillside conditions have been properly identified on the Constraints Map for the
project.
2. Undevelopable areas of the project have been properly identified on the
Constraints Map for the project as well as in EER 93-02 for the Green Valley
Master Plan.
3. The development proposal and all applicable development approvals and permit5
are consistent with the purpose, intent, and requirements of the Hillsidc
Development Regulations since the EIR identifies that the hillside alteration will
not result in substantial damage or alteration of significant natural resource areas:
wildlife habitats, or native vegetation areas.
4. No development or grading will occur in those portions of the property which arf
undevelopable pursuant to the provisions of Section 21.53.230.
5. The project design minimizes disturbance to hillside lands to the greatest extenl
feasible.
6. The project design substantially conforms to the intent of the concepts illustratec
in the hillside development guidelines manual in that contour grading and thc
screening of graded slopes by landscaping, buildings, and natural topographic
features is proposed, view preservation and enhancement is identified, anc
roadway design follows the natural topography.
7. EIR 93-02 was prepared for this project and has been recommended fol
certification by the Planning Commission. EIR 93-02 identified a number 0:
potentially significant impacts created by this project and possible mitigatior
measures to reduce these impacts to a level of insignificance. These mitigatior
measures have been incorporated into the project through redesign or condition
of approval.
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8. Limiting slopes to thirty feet in height results in greater horizontal areas requira
to cover the same vertical distances. By dowing slopes over 30 feet the Mate
Plan provides more adequate buffers from sensitive areas identified within the EII
as well as limits the physical extent of the development.
Conditions:
1. Approval is granted for HDP 92-15 as shown on Exhibits "A" - "N", dated Janu~
19, 1994, incorporated by reference and on file in the Planning Department.
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Development shall occur substantially as shown unless otherwise noted in thest
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conditions.
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PC RES0 NO. 3604 2
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2. Approval of HDP 92-15 is granted, subject to the City Council certification of EIR
93-02, and approval of MP 92-01.
3. Prior to issuance of a grading permit, the applicant shall deposit, at a financial
institution subject to regulation by the state or federal govemment, a certificate
of deposit or letter of credit made out to the City of Carlsbad or such other
security which is acceptable to the city. This document shall be for at least twice
the estimated cost of the proposed mitigation and landscapjng for the portions of
the site requesting a modification to the design standards.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of February, 1994,
by the following vote, to wit:
AYES: Chairperson Savary; Commissioners: Schlehuber, Betz, Noble & Hall.
NOES: Commissioners Erwin & Welshons.
ABSENT: None.
ABSTAIN: None.
ATTEST:
CARLSBAD PLANNING COMMISSION
Planning Director
PC RES0 NO. 3604 3