HomeMy WebLinkAbout1995-12-20; Planning Commission; Resolution 3871@ ll rn 1)
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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
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relating to the Hillside Development Permit; and
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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-
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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
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Planning Director
PC RES0 NO. 3871 -3-