HomeMy WebLinkAbout1996-11-06; Planning Commission; Resolution 4002..r
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PLANNING COMMISSION RESOLUTION NO. 4002
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT
PREJUDICE A HILLSIDE DEVELOPMENT PERMIT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF XANA WAY BETWEEN CORINTIA STREET AND ALGA
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 6
CASE NAME: BROOKFIELD MEADOWS
CASE NO: HDP 96-04
WHEREAS, Okon Development Co., “Developer”, has filed a ve
application with the City of Carlsbad regarding property owned by Edgecrest Investn
Ltd., “Owner”, described as
Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 11241, recorded in the office of
the County Recorder of said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hj
Development Permit as shown on Exhibits “A”-“0”, dated November 6, 1996, on file
Carlsbad Planning Department Brookfield Meadows (HDP 96-04) as provided by C1
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of November
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimon
arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to the Hillside Development Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Ple
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comrr
DENIES WITHOUT PREJUDICE Hillside Development Permit, HDP !
based on the following findings:
Findings:
1. That hillside conditions have been properly identified on the constraints map which
existing and proposed conditions and slope percentages.
2. That undevelopable areas of the project, i.e. slopes over 40%, have been prc
identified on the constraints map.
3. That the development proposal is consistent with the intent, purpose, and requireme
the Hillside Ordinance, Chapter 21.95, in that the proposed grading volume is P
the acceptable amounts, manufactured slopes will not exceed 30’ in height, an
building pads are stepped with the contours of the site.
4. That the proposed development or grading will not occur in the undevelopable portic
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Co
that the steeper slope areas of the site are along the perimeter of the propee
will not contain structures.
5. Although the project design substantially conforms to the intent of the COI.
illustrated in the Hillside Development Guidelines Manual, in that the proposed gr:
volume is within acceptable amounts, there are no manufactured slopes excel
30’ in height, and the roadway design is curvilinear, the Hillside Develop
Permit cannot stand alone, and the project does not provide an adequate dis
between structures as required by the PUD regulations and Administrative I
No. 16 and City Council Policy No. 44.
6. That the project design and lot configuration minimizes disturbance of hillside lan
that the steeper slope areas of the site are along the perimeter of the propert?
will not contain structures.
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PC RES0 NO. 4002 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 6th day of November 1996,l
following vote, to wit:
AYES: Commissioners Heineman, Monroy, Nielsen and Savary
NOES: Chairperson Compas, Commissioners Noble and Welshons
ABSENT: None
ABSTAIN: None
W& v f/W
WILLIAM COMPAS, Chaiderson
CARLSBAD PLANNING COMMISSION
ATTEST:
1
e MICHAEL J. HOLZMIL~ER
Planning Director
1 PC RES0 NO. 4002 -3 -