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HomeMy WebLinkAbout1995-12-20; Planning Commission; Resolution 3871@ ll rn 1) i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,I ~ ~ PLANNING COMMISSION RESOLUTION NO. 3871 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 ON PROPERTY GENERALLY LOCATED ON THE NORTHTEST CORNER OF FUTURE POINSEm LANE AND BLACKRAIL COURT WITHIN THE ZONE 20 SPECIFIC PLAN BOUNDARIES. CASE NAME OCEAN BLUFF CASE NO: HDP 93-09 WHEREAS, Ocean Bluff Partnership has filed a verified applicatj certain property to wit: Lot 3 in Section 22, Township 12 south, range 4 west, San Bernadino base and meridian in the County of San Diego, State of California, excepting therefrom those portions thereof lying north of the south boundary line of Rancho Agua Hedionda, as Said south line was established May 5, 1913, by decree of the Superior Court in the State of California, in and for San Diego County, in that certain action (No. 16830) entitled Kelly Investment Company, a corporation, vs. Clarence Dayton Hillman and Bessie Olive Hillman. which has been filed with the City of Carlsbad and referred to the Planning Comm and WHEREAS, said verified application constitutes a request for a H Development Permit as shown on Exhibits "A-G, M and N", dated December 20, 15 file in the Planning Department and incorporated by this reference ("HDP 93-O! provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of December consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimo1 1 arguments, if any, of all persons desiring to be heard, said Commission considered all f ~ relating to the Hillside Development Permit; and II h 1 * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m * 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. RECOMMENDS APPROVAL of Hillside Development Permit, HDL based on the following findings and subject to the following conditio; Findings: 1. That hillside conditions have been properly identified on the constrain (Exhibits "G" and "M" dated December 20,1995) which show existing and pi conditions and slope percentages; 2. That undevelopable areas of the project, i.e. slopes over 40%, have been p identified on the constraints map (Exhibits "G" and "M" dated December 24 3. That the development proposal is consistent with the intent, purpos~ requirements of the Hillside Ordinance, Chapter 21.95, in that onsite project g which is terraced from west to east, follows existing topography up to a rid which is retained to the greatest extent possible. Grading volumes of 5,290 are within the acceptable range, and manufactured cut and fill slopes will not 30 feet in height and will be visually screened with landscaping. Complianc Hillside Architectural guidelines will be accomplished through the processin amendment to this Hillside Development Permit. 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 Ca Municipal Code, in that the onsite grading will avoid disturbance to hillside exceeding 25%. Grading necessary for the extension of Poinsettia Lane, a circulation element roadway, will encroach into 25%+ slopes, however, g necessary for circulation element roadways is hereby excluded from the pro1 of the Hillside Development Ordinance by the Planning Commission pursu Section 21.95.090 of the CMC. 5. That the project design and lot configuration minimizes disturbance of hillside in that existing slopes exceeding 25% are avoided and proposed grading will cc to the existing land contour. 6. That the project design substantially conforms to the intent of the concepts illus in the Hillside Development Guidelines Manual, in that length and height of c fill slopes are limited and designed to avoid straight, flat faces to the greatest possible, and adequate landscape screening of slopes is provided. View preser and enhancement is ensured through landscaping of manufactured slope! conformance with the hillside architectural development standards will be el on Lot 93 through adequate setbacks from the tops of manufactured slopes, 5 PC RES0 NO. 3871 -2- t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 single family Lots 1-92, conformance will be ensured through the rev1 approval of architecture as an amendment to this Hillside Development Pd Conditions: 1. The Planning Commission does hereby recommend approval of the Development Permit for the residential subdivision project entitled "Ocea~. 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 : Development Permit Documents, as necessary to make them internally consisi conform to City Council's final action on the project. Development sha substantially as shown on the approved exhibits. Any proposed devel substantially different from this approval, shall require an amendment approval. 2. Approval of HDP 93-09 is granted subject to the approval of LCPA 95-09,ZI CT 93-09, and SDP 93-07. HDP 93-09 is subject to all conditions conta Planning Commission Resolution Nos. 3867,3868,3869, and 3870 dated Dl 20, 1995. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 20th day of Dec 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Chmpas, Monroy, Nielsen, Noble and Savary NOES: None ABSENT: None ABSTAIN: None KIM WEkSHONS, Chairperson CARLSBAD PLANNINGCOMMl AmT \ Planning Director PC RES0 NO. 3871 -3-