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HomeMy WebLinkAbout1996-01-17; Planning Commission; Resolution 3882r I1 .. 7 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 PLANNING COMMISSION RESOLUTION NO. 3882 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO GRADE AND SUBDIVIDE LOTS WITH A MINIMUM LOT SIZE 7,500 SQUARE FEET, DEVELOP NINE SECOND DWELLING UNITS, CREATE A 8.3 ACRE OPEN SPACE LOT AND LEAVE A 27.4 ACRE REMAINDER PARCEL, ALL ON PROPERTY GENERALLY LOCATED NORTH OF CAMINO DE LAS ONDAS, EAST OF PASEO DEL NORTE, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: EMERALD RIDGE WEST CASE NO: HDP 95-06 A 56.3 ACRE PARCEL INTO 61 ONE SINGLE-FAMILY WHEREAS, MSP California LLC has filed a verified application for certain F to wit: All that certain parcel of land delineated and designated as "Description No. 1,103.91 Acres'' on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19,1960, being a portion of Lot G of Rancho Aqua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, a portion of which lies within the City of Carlsbad, all being in the County of San Diego, State of California. Excepting therefrom that portion lying within Parcels "A", ''B'', "C" and "D" of Parcel No. 2993 in the City oj Carlsbad, County of San Diego, State of California, filed in the Office of thr County Recorder of San Diego County, August 23,1974 as File No. 74-230326 of Official Records. with the City of Carlsbad which has been referred to the Planning Commission; ar WHEREAS, said verified application constitutes a request for a 1 Development Permit to subdivide a 56.3 acre parcel into 61 single-family lots minimum lot size of 7,500 square feet, one 8.3 acre open space lot, a 27.4 acre ren parcel, and allow nine second-dwelling units as shown on Exhibits "A-M", dated J 17, 1996, on file in the Planning Department and incorporated by this reference ("1 Development Permit for Emerald Ridge West'' HDP 95-06) as provided by Chapter 2 I1 4 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 I 28 ~ I 0 0 the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of Januar hold a duly noticed public hearing as prescribed by law to consider said request; a WHEREAS, at said public hearing, upon hearing and considering all te: and arguments, if any, of all persons desiring to be heard, said Commission considt factors relating to the Hillside Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Coml: RECOMMENDS APPROVAL of Hillside Development Permit HDF based on the following findings and subject to the following conditio] Findings: 1. The Planning Commission finds that the project, as conditioned herein for H: 06 is in conformance with the Elements of the City’s General Plan, based following: a. The project is consistent with the City’s General Plan since the prc density of 3.01 dus/acre is less than the density range of 4 to 8 dl specified for the site as indicated on the Land Use Element of the G Plan, and is below the growth control point of 6 dus/acre. b. Circulation - The local streets serving the project have 56 to 60 feet of right-of-way, and connect to Hidden Valley Road which is a non-l collector street. All the local, collector, and major streets within thi would be constructed to full public street width standards, and havc gutters, sidewalks, and underground utilities. The proposed street sys adequate to handle the project’s pedestrian and vehicular traffi accommodate emergency vehicles. c. Noise - A noise study was completed for the project, and traffic noisl Palomar Airport Road would not exceed 60 dBA CNEL. The devela CNEL. I required to mitigate interior noise levels of the future homes to 4! ~1 .... PC RES0 NO. 3882 -2- 4 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 v e 0 d. The project is consistent with the Housing Element of the General P the Inclusionary Housing Ordinance since the Developer is requ provide 10.764 affordable units and has been conditioned to enter Affordable Housing Agreement to either: (1) construct 9 second dwellii and deed restrict 1 three-bedroom home; or (2) construct 9 second d units and purchase 1 Affordable Housing Credit from Villa Lorna su. the requirements of City Council Policy No. 57 and 58 and final City ( approval. The remaining .764 fraction of an inclusionary dwelling u be satisfied through the payment of a fee equal to the fraction (.764 the average subsidy needed to make affordable to a lower-income hoc one newly constructed typical housing unit. e. Open Space and Conservation - The project is designed to avoid th slopes surrounding the mesa and riparian drainage area in the easterr canyon. This area will be placed under an 8.3 acre open space easer the Homeowners Association. This 8.3 acre open space lot would t with the open space to the north along Encinas Creek. City Wide Tra No. 29 would be aligned to the east along the bluff and slope to m gnatcatcher, coastal sage, and riparian impacts in the eastern finger t Native habitat impacts have been reduced or mitigated by the design project, in that project grading and the Cherry Blossom Road alignr the most sensitive in terms of habitat and slope impact as follows: 1. The 0.12 acre take area is located outside of any Preserve P1 Areas (PPAs); ii. The habitat loss will not preclude connectivity between areas ( habitat values since this area is not included as a part of a L Planning Area (LPA); iii. The habitat loss will not preclude or prevent the preparation Carlsbad Habitat Management Plan in that the area is not a 1 a Linkage Planning Area, makes no contribution to the ( preserve system and will not significantly impact the use of 1 patches as archipelago or stepping stones to surrounding PPA iv. Mitigation for the loss of the 0.12 acres of Coastal Sage Scrub will be in the form of the acquisition of .19 acres of high qualit habitat credits from the Carlsbad Highland Mitigation Bank. TI of habitat on. the MSP California LLC property will not apprt reduce the likelihood of the survival and recovery of the gnatc; v. The habitat loss is located in a disturbed area that is directly ad to Hidden Valley Road and the Poinsettia Community Park, the, large blocks of habitat will not be lost and fragmentation wj occur, and; PC RESO NO. 3882 -3- I I/ 0 0 9 1 2 vi. The habitat area being impacted is at the periphery of a larg habitat area; it is not in the center where the loss of habitat wc more important. 3 4 f. Parks and Recreation - The project is required to pay park-in-lieu fe g. Public Safety - The proposed project is required to provide sidewalks 5 lights, and fire hydrants, as shown on the tentative map, or inch - II conditions of approval. 6 I1 7 8 percentages; 2. That hillside conditions have been properly identified on the constraints map 1 "J", dated January 17,1996, which show existing and proposed conditions anc 9 10 11 12 13 14 15 16 17 3. That undevelopable areas of the project, i.e. slopes over 40%, have been p identified on the constraints map Exhibit "J", dated January 17, 1996, and into a 8.3 acre Open Space (Lot 62); 4. That the development proposal is consistent with the intent, purposc requirements of the Hillside Ordinance, Chapter 21.95, in that the grading steep slopes, manufactured slopes do not exceed 30 feet in height and folll natural contours, grading volumes do not exceed 7,900 cubic yards per grade1 the roadways are curvilinear and follow the natural contours, and the future would be setback from the bluff top; 5. That the proposed development or grading will not occur in the undevell portions of the site pursuant to provisions of Section 21.53.230 of the Cz Municipal Code, in that steep slopes and riparian areas are preserved in open 18 curvilinear, grading follows the natural contours, the future homes would be SI 19 6. That the project design substantially conforms to the intent of the concepts illus in the Hillside Development Guidelines Manual, in that the roadwaJ from the bluff top, and all the manufactured slopes will be screened 20 landscaping that includes a combination of ground cover, shrubs, and trees; 21 11 7. That the project design and lot configuration minimizes disturbance of hillside 22 in that project's grading and development does not encroached into steep slc 23 Planning Conditions: 24 25 26 27 28 ~ 1. The Planning Commission does hereby recommend approval of the H Development Permit for the HDP 95-06 project entitled "Emerald Ridge ' (Exhibit "A" - "M" on file in the Planning Department and incorporated 1 reference, dated January 17, 1996), subject to the conditions herein set forth. is authorized and directed to make or require the Developer to make all corre and modifications to the exhibits/or documents, as necessary to make them intc consistent and conform to City Council's final action on the project. Develo PC RES0 NO. 3882 -4- ll a 0 t 1 2 shall occur substantially as shown on the approved exhibits. Any p’ development substantially different from this approval, shall require an ame to this approval. 3 4 2. Approval of HDP 95-06 is granted subject to the approval of the Mitigated P Declaration, LCPA 94-04, ZC 94-04, CT 95-03, and SDP 95-06. HDP 95-06 is to all conditions contained in Planning Commission Resolution Nos. 387; 5 3879,3880, and 3881. 6 3. Prior to issuance of building permits on Lots 1- 61 for single family res] 7 structures, an amendment to this Hillside Development Permit shall be sul for review and approval by the Planning Commission to ensure that architel consistent with the Hillside Development Ordinance architectural standard a 9 PASSED, APPROVED, AND ADOPTED at a regular meeting 10 Planning Commission of the City of Carlsbad, held on the 17th day of January, 1996 I 1 11 following vote, to wit: 12 13 14 15 16 17 18 19 20 21 AYES: Chairperson Compas, Commissioners Erwin, Monroy, P Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None d& w WILLIAM COMPAS, &hairpersox CARLSBAD PLANNING COMMI 22 23 ATTEST: 24 25 26 11 Planning Director 27 28 PC RES0 NO. 3882 -5-