HomeMy WebLinkAbout1995-09-20; Planning Commission; Resolution 38161
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PLANNING COMSSION RESOLUTION NO. 3816
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL A HILLSIDE DEVELOPMENT PERMIT AND
EXCLUSIONS FROM THE APPLICATION OF THE HILLSIDE
ORDINANCE TO DEVELOP A 138 DWELLING UNIT
APARTMENT PROJECT ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF THE ALGA
ROAD/COBBLESTONE ROAD INTERSECTION, IN LOCAL
FACILITIES MANAGEMENT PLAN ZONE 5.
CASE NAME: LAUREL TREE APARTMENTS
CASE NO: HDP 95-01
WHEREAS, a verified application for certain property to wit:
Parcel 1 of Parcel Map No. 15661, in the City of Carlsbad, County
of San Diego, State of California, filed 5/5/89 as File No. 89-23967
of official records.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a
Development Permit and exclusions therefrom as provided by Chapter 21.95 of the C
Municipal Code; and
WHEREAS, the Planning Commission did on the 20th day of Septembe
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimc:
arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to the Hillside Development Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Corn
RECOMMENDS APPROVAL of HDP 95-01, based on the following fmdi
subject to the following conditions:
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2. That undevelopable areas of the project, i.e. slopes over 40%, have been PI 5
percentages;
Findings :
1. That hillside conditions have been properly identified on the constraints map (Exhi
dated September 20, 1995), which show existing and proposed conditions an
identified on the constraints map (Exhibit “E”, dated September 20, 1995);
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3. That the development proposal is consistent with the intent, purpose, and requi
of the Hillside Ordinance, Chapter 21.95, in that
a) The project will be located within the base of a canyon, and terrace
south to north, thereby preserving the topographic integrity of the
landform;
b) All manufactured cut and fa slopes would not exceed 30 feet in heil
would be visually screened with landscaping and buildings;
c) The apartment buildings within the project have varying roof- lh
pitches;
d) The project’s grading volume of 8,720 cubic yards/graded acre is def
“potentially acceptable“. The Planning Director and City Engineer
that the written findings contained on Exhibit “E”, dated September 2
are adequate to justify the proposed grading volume.
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4.
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That the proposed development or grading will not occur in the undevelopable 1
of the site, pursuant to provisions of Section 21.53.230 of the Carlsbad Municipz
in that all undevelopable areas have been identified and no development or 1
will occur in those areas (except for small isolated ravines and 40+% slopc
which are exempt pursuant to Section 21.95.090(b)). The project site contains
small isolated ravines and slope areas of 40% and greater gradient that are lt
15 feet in slope height and less than 4000 sq. ft. in area. The Planning Com
finds that these areas have been fully identified and are hereby excluded f~
requirements of the Hillside Ordinance, per Section 21.95.090 of the Municips
5. That the project design substantially conforms to the intent of the concepts illusr
the Hillside Development Guidelines Manual, in that the volume of project
proposed is defined as “potentially acceptable”, graded slopes will be
screened with landscaping and structures, structures will have varying roof-li
pitches, and adequate landscaping would be included on all manufactured s
reduce erosion.
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6. That the project design and lot configuration minimizes disturbance of hillside :
that the proposed project grading would create building pads within the ba
existing canyon, that are terraced to provide views, while preserving the top0
11 PC RES0 NO. 3816 -2-
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I ll
e a
integrity of the canyon landform. Internal driveways would also be aligned tc
the natural contours of the site.
Conditions:
1. The Planning Commission does hereby approve the EIillside Development Pel
the HDP 95-01 Project entitled " Laurel Tree Apartments", (Exhibits "E" - "F'
in the Planning Department and incorporated by this reference, dated Septem
1995), subject to the conditions herein set forth. Staff is authorized and directed 1
or require the Developer to make all corrections and modifications to the 1
Development Permit Documents, as necessary to make them internally consisl
conform to Planning Commission's final action on the Project. Development shs
substantially as shown on the approved exhibits. Any proposed grading
development substantially different from this approval, shall require an amendmen
approval.
2. This project shall comply with all conditions and mitigation measures which are I
as part of the approved Mitigated Negative Declaration, Site Development Pla~
Change, General Plan Amendment, Local Coastal Program Amendment, anc
Facilities Management Plan Amendment, as contained in Planning Corm
Resolution No(s) 3810,3811, 3812,3813, 3814,3815.
3. Approval of HDP 95-01 is granted subject to the approval of the Mitigated N
Declaration, GPA 95-01, ZC 95-01, LCPA 95-02, LFMP 87-05(B), and SDE
4. If any of the foregoing conditions fail to occur, or if they are, by their tern
implemented and maintained over time, if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted, deny or further condition issuanc
future building permits, deny, revoke or further condition all certificates of occ
issued under the authority of approvals herein granted, institute and prosecute lj
to compel their compliance with said conditions or seek damages for their violat-
vested rights are gained by Developer or a successor in interest by the City's app~
this Resolution.
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PC RES0 NO. 3816 -3-
II e e
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the I
Commission of the City of Carlsbad, California, held on the 20th day of September, 199:
following vote, to wit:
AYES: Chairperson Welshons, Commissioners Savary, Noble, Nie
COmpaS.
NOES: Commissioners Erwin and Monroy.
ABSENT: None
ABSTAIN: None
~ KIM MLSHONS, Chairperson
CARLSBAD PLANNING COMMl
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)) PC RES0 NO. 3816 -4-