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HomeMy WebLinkAbout1994-07-06; Planning Commission; Resolution 3679.. Ii 0 * 1 2 3 4 5 6 7 8 9 10 11 12 13 I 14 15 16 17 19 l8 I 20 21 22 , 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3679 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO MASS GRADE PLANNED COMMUNITY (PC) ZONED PROPERTY AND CONSTRUCT THE AVENIDA ENCINAS ROADWAY AND OTHER REQUIRED IMPROVEMENTS CONSISTENT WITH THE POINSETTIA SHORES MASTER PLAN ON PROPERTY GENERALLY LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY, FREEWAY AND NORTH OF THE BATIQUITOS LAGOON, IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES MASTER TENTATIVE MAP EAST OF CARLSBAD BOULEVARD, WEST OF THE 1-5 CASE NO: HDP 94-03 WHEREAS, a verified application has been filed with the City of Carl referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provide( 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Commission did, on the 6th day of July, 1994, consider said request on property t as: Portions of Lots 1, 2, 3 and 4 together with portions of the street adjoining said lots, shown as Avenida Encinas, all as shown on Parcel Map No. 13653, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, January 31, 1985 as File No. 85-033316, together with Lots 1, 2 and 3 together with the street adjoining said lots, shown as Avenida Encinas, all as shown on Map No. 11290, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 16, 1985 as File No. 85-253280, together with Lots 1 through 78, 79, 80 and 81 together with portions of the streets adjoining said lots, shown as Avenida Encinas and Windrose Circle, all as shown on Map No. 11616, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, September 12,1986 as File No. 86-402404. .. . . a e x WHEREAS, at said public hearing, upon hearing and considering all te 1 2 I! and arguments, if any, of all persons desiring to be heard, said Commission consic: 3 factors relating to HDP 94-03. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con 5 of the City of Carlsbad as follows: 6 7 8 91 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Con APPROVES HDP 94-03, based on the following findings and subjec following conditions: lo i; FindinF: 11 12 13 14 15 16 17 18 (1 1. That hillside conditions and undevelopable areas of the project have been identified consistent with the City's Hillside Development Ordinance (Chap1 of the Municipal Code). The site's hillside slope conditions and undevelopa have been identified on Exhibits "U" and 'V' dated July 6, 1994. In : Exhibits 'W and 'X' provide cross sections of the hillside area prop inclusion with the mass grading of the master plan property. 2. That the development proposal and all applicable development appro. permits are consistent with the purpose, intent, and requirements of Chapt and that the proposed land subdivisions, public improvements and mass which will allow the implementation of the Poinsettia Shores Mast substantially conforms to the intent of the concepts illustrated in the development guidelines manual for the following reasons: ~ 19 I a. All mandactured cut and fill slopes do not exceed a height of 30 j 20 will be landform/contour graded with planning area level develop 21 grading volume of 3,698 cubic yards per graded acre falls w 22 b. The project's grading is consistent with the grading concept approvf development of the Poinsettia Shores Master Plan. The project' 23 ll "acceptable range'' of 0 - 7,999 cubic yds./acre. 24 25 c. Landscaping in conformance with the City's Landscape Manual I provided on all manufactured slopes to assist in visually screening t and to reduce slope erosion. 26 27 d. The project meets all the requirements of the Hillside Devl Regulations and Guidelines with regards to hillside grading. 28 PC RES0 No. 3679 2 il 0 e 1 2 3 3. The proposed grading will allow compliance with hillside development reg on a master plan level. The balanced grading operation will excavate f hillside area of the site (eastern edge adjacent to the 1-5 freeway), to cons Avenida Encinas roadway/bridge/embankments and rough grade the res master plan property east of the railroad tracks. 4 11 4. The project is consistent with all City public facility policies and ordinanc 5 6 7 8 9 10 11 12 The Planning Commission has, by inclusion of an appropriate conditior project, ensured building permits will not be issued for the project unless Engineer determines that sewer service is available, and building cam within the project unless sewer service remains available, and the 1 Commission is satisfied that the requirements of the Public Facilities Eleme General Plan have been met insofar as they apply to sewer service for this 5. The applicant is by condition, required to pay any increase in public facilit new construction tax, or development fees, and has agreed to abide additional requirements established by a Local Facilities Management Plan ; pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This wil continued availability of public facilities and will mitigate any cumulative created by the project. l3 14 6. This project is consistent with the City's Growth Management Ordinance Facilities Management Plan for Zone 9 and the recently approved (1/4/9 been conditioned to comply with any requirement approved as part of t 15 amendment for Zone 9 (LFMP 87-09(A)). l6 7. The applicant has agreed and is required by the inclusion of an ap~ 17 condition to pay a public facilities fee. Performance of that contract and of the fee will enable this body to find that public facilities will be 18 concurrent with need as required by the general plan. 19 11 conditions: 20 21 22 23 24 25 26 1. 2. 3. I All conditions of approval for CT 94-01 and the Mitigated Negative Deda contained in Planning Commission Resolution Nos. 3678 and 3679 are a to this approval and incorporated through this reference. Approval for HDP 94-03, as shown on Exhibits "T"-"X'', dated July 6, incorporated by reference and on file in the Planning Department. Devc shall occur substantially as shown on the approved exhibits. Any proposet and/or development shall require a new Hillside Development Permit for Approval of HDP 94-03 is granted subject to approval of CI' 94-01. 27 28 "" PC RES0 No. 3679 3 I! .' I . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 ' 26 27 I 28 l a * PASSED, APPROVED, AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 6th day of July, 199 following vote, to wit: AYES: Chairperson Savary; Commissioners Welshons, Erwi Compas, Monroy and Nielsen. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: PEG zf$z4- J- 45fhtY, Chairpersod CARLSBAD PLANNING COMMISSION MICHAEL J. HMZMILBR Planning Director PC RES0 No. 3679 4 !