HomeMy WebLinkAbout1995-12-06; Planning Commission; Resolution 38531
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PLANNING COMMISSION RESOLUTION NO. 3853
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A HILLSIDE DEVELOPMENT PERMIT INCLUDING AN
EXCLUSION FROM THE PERMIT REQUIREMENTS ON
PROPERTY GENERALLY LOCATED NORTH OF
PALOMAR AIRPORT ROAD, SOUTH OF FUTURE
CANNON ROAD, EAST OF PASEO DEL NORTE AND
WEST OF LOCAL FACILITY MANAGEMENT ZONES 5
AND 8.
CASENAME CARLSBAD RANCH SPECIFIC PLAN
CASE NO: HDP 94-07
WHEREAS, Carltas Company has filed a verified application for
AMENDMENT
property to wit:
A portion of lots "G" and "H" of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to the Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County on November 19,1896;
and Lots 1, 2, 7 and 8 of Carlsbad Tract No. 92-7 (Carlsbad
Ranch Unit 1 and Unit 2) in the City of Carlsbad, County of
San Diego, State of California, according to the map thereof .
No. 13078 tiled in the Office of the County Recorder of San
Diego County on December 28, 1993; and Lots 9-14, inclusive
of Carlsbad Tract No.92-7 (Carlsbad Ranch Unit 3), in the City
of Carlsbad, County of San Diego, State of California,
according to the map thereof No. 13215, filed in the Office of
the County Recorder of San Diego County on June 30,1995.
which has been filed with the City of Carlsbad and referred to the Planning Coml
and
WHEREAS, said verified application constitutes a request for a
Development Permit as provided by Chapter 21.95 of the Carlsbad Municipal Coc
WHEREAS, the Planning Commission did on the 6th day of Decembc
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testim
arguments, if any, of all persons desiring to be heard, said Cornmission considered a1
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relating to the Hillside Development Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Com
APPROVES Hillside Development Permit, HDP 94-07, which includes an el
from the permit requirements, based on the following findings and subjec:
following conditions:
Findings:
1. The Planning Commission of the City of Carlsbad has reviewed, analyi!
considered Final Program Environmental Impact Report 94-01, the enviro~
impacts therein identified for this project and any comments thereon 1
approving the project.
2. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan, and all City public facility polic
ordinances since:
a) The project has been conditioned to ensure that the final map will
approved unless the City Council finds that sewer service is available
the project. In addition, the project is conditioned such that a note
placed on the final map that building permits may not be issued
project unless the District Engineer determines that sewer service is a\
and building cannot occur within the project unless sewer service
available, and the District Engineer is satisfied that the requiremenl
Public Facilities Element of the General Plan have been met insofar
apply to sewer service for this project.
b) Statutory School fees will be paid to ensure the availability of school 1
in the Carlsbad Unified School District.
c) Park fees are required as a condition of approval by the Zone 13 L1
d) All necessary public improvements have been provided or are req
conditions of approval.
e) The developer has agreed and is required by the inclusion of an app
condition to pay a public facilities fee. Performance of that conti
payment of the fee will enable this body to find that public facilitie!
available concurrent with need as required by the General Plan.
....
PC RES0 NO. 3853 -2-
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3. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any adc
requirements established by a Local Facilities Management Plan prepared p
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure co
availability of public facilities and will mitigate any cumulative impacts createc
project.
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4. This project has been conditioned to comply with any requirement approved
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6. That undevelopable areas of the project, i.e. slopes over 40%, have been E 9
conditions and slope percentages. 8
identified on the constraints map (Exhibits "J" through "P", dated December 6
1 1 7. That the development proposal is consistent with the intent, purpos
requirements of the Hillside Ordinance, Chapter 21.95, in that
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a) Mteration of significant hillside natural resource areas is not propor 13
of the Local Facilities Management Plan for Zone 13.
5. That hillside conditions have been properly identified on the constrain
(Exhibits "J" through "P", dated December 6,1995) which show existing and pl
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b) Recontouring several previously graded areas of the site is prop
establish a more naturally appearing hillside;
c) Manufactured 2 to 1 cut and fill slopes will not exceed 30 feet in he
d) The projects grading volume of 6,118 cubic yards per graded acre is
as acceptable pursuant to zoning ordinance section 21.95.060 6)(3).
8. That the proposed development or grading will not occur in the undeve
portions of the site pursuant to provisions of Section 21.53.230 of the C
Municipal Code, in that natural slopes over 40 percent in grade containin
vegetation will remain undisturbed. The manufactured and isolated slop(
graded are excluded from the requirements of the Hillside Development Orc
Chapter 21.95, as provided in section 21.95.090.
9. That the project design substantially conforms to the intent of the concepts ill
in the Hillside Development Guidelines Manual, in that all native, non-t
slope areas are to remain preserved, recontouring of existing steep slopes as
with the widening of Palomar Airport Road will occur, runoff control
accomplished as required by the manual through the construction o
catchment basins, detention basins, and energy dissipators, and a
landscaping will be installed to provide screening of graded slopes and tc
potential erosion.
28 10. That the project design and lot configuration minimizes disturbance of hillsic
in that 12.56 acres of the entire project site is in slopes greater than 40% an
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total 5.01 acres are natural slopes which will be preserved. The remaining i
containing slopes greater than 409" are slopes excluded from the hillside ord
The majority of the site grading will consist of altering the existing topc
between 1 and 10 feet allowing the general underlying topography of the
remain.
Conditions:
1. The Planning Commission does hereby approve the Hillside Development Pel
the Carlsbad Ranch Specific Plan Amendment Project entitled "Master Tc
Map for Carlsbad Ranch, C.T. 94-09". (Exhibit "A" - "S" on file in the P
Department and incorporated by this reference, dated December 6,1995), su
the conditions herein set forth. Staff is authorized and directed to make or
the Developer to make all corrections and modifications to the Hillside Devel
Permit Documents, as necessary to make them internally consistent and con
Planning Commission's final action on the Project. Development shal
substantially as shown on the approved exhibits. Any proposed devel
substantially different from this approval, shall require an amendment
approval.
2. This Project shall comply with all conditions and mitigation measures w€
required as part of the Zone 13 Local Facilities Management Plan a
amendments made to that Plan prior to the issuance of building permits.
3. If any condition for construction of any public improvements or facilities,
payment of any fees in lieu thereof, imposed by this approval or imposed bq
this project are challenged this approval shall be suspended as prov
Government Code Section 66020. If any such condition is determined to be
this approval shall be invalid unless the City Council determines that the
without the condition complies with all requirements of law.
4. Approval of HDP 94-07 is granted subject to the approval of EIR 94-01, GP,
BUD 94-07. HDP 94-07 is subject to all conditions contained in P
Commission Resolution No(s) 3844 for the Program EIR.
LCPA 90-0S(B), ZC 94-02, SP 207(A), LFMP 87-13(B), AP 76-01(D) CT 94~
5. The Developer shall prepare a detailed landscape and irrigation plan in confc
with the Carlsbad Ranch Specific Plan and the City's Landscape Manual. T
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever ow
The Developer shall construct and install all landscaping as shown on the a
plans, and maintain all landscaping in a healthy and thriving condition, f~
weeds, trash, and debris.
6. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
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7. Prior to approval of the grading permit or final map whichever occurs fi~
Developer shall receive approval of a Coastal Development Permit issued
California Coastal Commission that substantially conforms to this approval. I!
copy of the Coastal Development Permit must be submitted to the Planning D
If the approval is substantially different, an amendment to Hillside Devel8
Permit 94-07 shall be required.
8. If any of the foregoing conditions fail to occur, or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have tl
to revoke or modify all approvals herein granted, deny or further condition i;
of all future building permits, deny, revoke or further condition all certific
occupancy issued under the authority of approvals herein granted, instih
prosecute litigation to compel their compliance with said conditions or seek d
for their violation. No vested rights are gained by Developer or a sum
interest by the City's approval of this Resolution.
Code Reminders:
NOTE: The project is subject to all applicable provisions of local orc
including but not limited to the following code requirements:
9. All landscape and irrigation plans shall be prepared to conform with the L~I
Manual and submitted per the landscape plan check procedures on file
Planning Department.
10. The Developer shall pay a landscape plan check and inspection fee as reql
Section 20.08.050 of the Carlsbad Municipal Code.
11. Approval of this request shall not excuse compliance with all applicable sec
the Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance, except as otherwise specifically provide herein.
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 6th day of Dec
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Nielsen
and Savary
NOES: Commissioner Erwin and Monroy
ABSENT: None
ABSTAIN: None
I.. KIM WELSHONS, Chairperson
CARLSBAD PLANNINGCOMM
ATTEST:
Planning Director
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I pc RESo No. 3853
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