HomeMy WebLinkAbout1998-01-21; Planning Commission; Resolution 4227*s I) m a
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PLANNING COMMISSION RESOLUTION NO. 4227
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR
THE GRADING OF A 153 LOT SUBDIVISION ON PROPERTY
GENERALLY LOCATED EAST OF EL CAMINO REAL AND
SOUTH OF FUTURE CANNON ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH VILLAGE “E”
CASE NO: HDP 96- 13
WHEREAS, Kelly Land Company, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Kelly Land Compa
“Owner”, described as
Portions of lots I and F of Rancho Agua Hedionda, in the County
of San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of said San Diego
County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) ”A”-“C” and “UU”-“WW dated Jan1
1998, on file in the Carlsbad Planning Department Kelly Ranch Village “E” HDP
provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 21st day of Janua
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testim
arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Hillside Development Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the :
Commission as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Col:
RECOMMENDS APPROVAL of Kelly Ranch Village “E”, HDP 96-
on the following findings and subject to the following conditions:
Findings:
1. That hillside conditions have been properly identified on the constraints map wh
existing and proposed conditions and slope percentages;
2. That undevelopable areas of the project, i.e. slopes over 40%, have been
identified on the constraints map;
3. That the development proposal is consistent with the intent, purpose, and requirt
the Hillside Ordinance, Chapter 21.95, in that grading will follow existing tog
to the greatest extent possible and will not create any slopes greater than 3
height.
4. That the proposed development or grading will not occur in the undevelopable pc
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal
that all slopes greater than 40% have been identified and are excluded as
ravines caused by erosion.
5. That the project design substantially conforms to the intent of the concepts illu:
the Hillside Development Guidelines Manual, in that the natural slopes we!
developed portion of the site will remain undisturbed which will provide a
backdrop to the project and will preserve existing ridgelines.
6. That the project design and lot configuration minimizes disturbance of hillside
that grading is proposed only within areas of previous disturbance and
quantities are within the “Acceptable” range of 0 - 7,999 cubic yards per ac
8. That the site requires grading to accommodate a circulation-element roadway,
portion of Cannon Road will be constructed concurrent with the developme
site.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Hillside Development Permit document(s), as nece
make them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any ;
development different from this approval, shall require an amendment to this app
2. This approval is subject to the approval of Carlsbad Tract CT 96-07. All ca
of Planning Commission Resolution No. 4225 are incorporated herein by ref
PC RES0 NO. 4227 -2-
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3. A grading permit may not be issued to implement this Hillside Developmen
until all conditions of Planning Commission Resolution No. 4225 related to
and erosion control have been completed to the satisfaction of the City Engil
4. This approval will become null and void with the expiration, withdrawal, (
of CT 96-07.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 21st day of January 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
Monroy, Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
BAILEY NOBL& Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. MLZMIL-LER
Planning Director
~
PC RES0 NO. 4227 -3-