HomeMy WebLinkAbout1995-12-13; Planning Commission; Resolution 38604
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PLANNING COMMISSION RESOLUTION NO. 3860
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 CAMINO REAL IN
LOCAL FACILITIES MANAGEMENT ZONE 23.
CASE NAME GREEN VALLEY MASTER PLAN
CASE NO: HDP 92-15
WHEREAS, Carlsbad Partners Limited has filed a verified applicat
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
Bernardino Meridian, City of Carlsbad, County of San Diego,
State of California,
which has been filed with the City of Carlsbad and referred to the Planning Comn
and
WHEREAS, said verified application constitutes a request for a I
Development Permit as provided by Chapter 21.95 of the Carlsbad Municipal Cod
WHEREAS, the Planning Commission did on the 19th day of Janur
2nd day of February, 1994, and the 13th day of December, 1995, consider said reque
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 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 92-15, based on the fc
findings and subject to the following conditions:
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Findings:
1. That hillside conditions have been properly identified on the constraints mal
show existing and proposed conditions and slope percentages;
2. That undevelopable areas of the project, i.e. slopes over 40%, have been p
identified on the constraints map;
3. That the development proposal is consistent with the intent, purpos
requirements of the Hillside Ordinance, Chapter 21.95, in that developn
proposed in areas that have less than a 40% slope and the overall grading gu;
are within levels that are "acceptable" as set forth in Section 21.95.060(j)(3:
Carlsbad Municipal Code.
4. That the proposed development or grading will not occur in the undevel
portions of the site pursuant to provisions of Section 21.53.230 of the C8
Municipal Code.
5. That the project design substantially conforms to the intent of the concepts illu
in the Hillside Development Guidelines Manual, in that natural slopes are pre
6. That the project design and lot configuration minimizes disturbance of hillsidc
in that the project has been designed to be confined within the areas pre
disturbed by past agricultural use, natural slopes are preserved and 8
quantities limited to levels that are "acceptable" per Chapter 21.95 of the Mu
Code.
Conditions:
1. Approval is granted for Hillside Development Permit HDP 92-15 as shc
Exhibits "E"-"I", dated December 13,1995, incorporated by reference and on fi
the Planning Department.
2. Approval of HDP 92-15 is granted subject to the City Council certification a
Program EIR 93-02, and approval of MP 92-01 and LCPA 93-06.
3. Prior to issuance of a grading permit, the applicant shall deposit, at a fi1
institution subject to regulation by the State of California or Federal Gover
a certificate of deposit or letter of credit made out to the City of Carlsbad d
other security which is acceptable to the City of Carlsbad. This document s
for at least twice the estimated cost of the proposed mitigation and landscar
the site.
4. This resolution No. 3860 shall supersede Planning Commission Resolution Nc
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~ PC RES0 NO. 3860 -2-
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PASSED, APPROVED, AND ADOPTED at a special meeting
Planning Commission of the City of Carlsbad, California, held on the 13th day of De(
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, h
Nielsen, Noble and Savary
NOES: Commissioner Erwin
ABSENT. None
ABSTAIN. None
KIM WE~HONS, Chairperson
CARLSBAD PLANNING COW
ATTEST:
Planning Director
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PC RES0 NO. 3860 -3-