HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4295c
L
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
0 0
PLANNING COMMISSION RESOLUTION NO. 4295
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO
GRADE AND SUBDIVIDE A 39.9 ACRE PARCEL INTO 172
SINGLE FAMILY LOTS, A MULTI-FAMILY LOT, AND 1
OPEN SPACE LOT TO ALLOW FOR THE DEVELOPMENT
OF 172 MARKET RATE SINGLE FAMILY HOMES, 50
AFFORDABLE APARTMENTS, AND 28 SECOND
DWELLING UNITS AND TO GRADE THE ADJACENT
WESTERN RETAIL COMMERCIAL (LOT 11 PER MAP NO.
11242) ALL ON PROPERTY GENERALLY LOCATED NORTH
OF EL CAMINO REAL AT ITS INTERSECTION WITH
COLLEGE BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 15.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO: HDP 96-02
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CanAm Propertie
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, per Map thereof
No. 823, filed in the Office of the County Recorder of said county,
November 16,1896, and Lots 1 thru 11 of CT 83-36 per Map No. 11242
as recorded in the Office of the County Recorder of San Diego County
May 23,1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A”-“FFF” dated MAY 20, 1998, on fi.
Carlsbad Planning Department, TERRACES AT SUNNY CREEK - HDP 96-02, as I
by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of June 1998,
day of June 1998, and the 1st day of July 1998, consider said request; and
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
0 0
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 i
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
RECOMMENDS APPROVAL, of TERRACES AT SUNNY CREEh
96-02, based on the following findings and subject to the following condit
Findings:
1. That hillside conditions have been properly identified on the constraints map whic
existing and proposed conditions and slope percentages.
2. That undevelopable areas of the project, i.e. slopes over 40%, have been J
identified on the constraints map
3. That the development proposal is consistent with the intent, purpose, and requirer
the Hillside Ordinance, Chapter 21.95, in that: 1) the grading design avoids steel
except for small isolated ravines; 2) manufactured slopes are contoured to fol
adjacent road and open space alignments; and 3) the future homes would be
from the top of manufactured slopes.
4. That the proposed development or grading will not occur in the undevelopable por
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal C
that the significant steep slopes greater than 40% are preserved in open spact
5. That the project design substantially conforms to the intent of the concepts illust
the Hillside Development Guidelines Manual, in that the grading follows the
inclination from El Camino Real to the Agua Hedionda drainage, the future
would be setback from the tops of manufactured slopes, and all manuf;
slopes will be screened with landscaping that includes a combination of
cover, shrubs, and trees;
6. That the project design and lot configuration minimized disturbance of hillside k
that the project’s grading and development does not encroach into steep
except for small isolated ravines which have been identified but are exclude
the hillside development standards.
PC RES0 NO. 4295 -2- I
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
e e
7. That the project is proposing slopes over 30 feet in height which will 1:
significantly more open space or undisturbed area than would a strict adhe
the requirements of Section 21.90.060 as by limiting the vertical el
development to increments of 30’ necessarily increases the horizontal devel
scheme which in this case is bound by the existing grade of El Camino
circulation element roadway) and the riparian area of the Agua Hedionda dl
Limiting the height of the slopes to 30’ with this amount of developmen
require grading to encroach into the drainage.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Hillside Development Permit document(s) necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any F
development different from this approval, shall require an amendment to this appr
2. Approval of HDP 96-02 is granted subject to the approval of EIR 98-01, GPI
ZC 96-01, SP 109(B), LFMP 87-15(B), CT 96-02, SDP 97-02, PUD 96-02, SUI
SUP 96-02, and SUP 96-03.
3. Prior to issuance of a grading permit, the applicant shall deposit, at a fi
institution subject to regulation by the state or federal government a certif
deposit or letter of credit made out to the city of Carlsbad or such other 2
which is acceptable to the city. This document shall be for at least tw
estimated cost of the proposed mitigation and landscaping for the portion of
requesting a modification to the development and design standards of
21.45.090 of the Carlsbad Municipal Code “Manufactured slopes over 30 fe
the proposed mitigation and landscaping is not installed in a timely man
accordance with the approved plans, the planning director may author
utilization of these funds to do the necessary remedial work. Any funds ren
after the completion of this work shall be returned to the applicant.
4. Prior to stockpiling dirt on the adjacent commercial site, located at the nok
corner of College Boulevard and El Camino Real, the applicant shall be ap
and obtain a stockpile permit from the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” c
dedications, reservations, or other exactions hereafter collectively referred to for conveni
“fees/exactions.”
You have 90 days from date of final City Council approval to protest imposition o
feedexactions. If you protest them, you must follow the protest procedure set fi
PC RES0 NO. 4295 -3-
d
,.
a Q
1
Failure to timely follow that procedure will bar any subsequent legal action to attack, re 2 the City Manager for processing in accordance with Carlsbad Municipal Code Section : Government Code Section 66020(a), and file the protest and any other required informal
3 aside, void, or annul their imposition.
4
5
6
7
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1:
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bel
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
8 PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
9 Commission of the City of Carlsbad, California, held on the 1st day of July 1998,
'0 following vote, to wit:
11
12
AYES: Chairperson Noble, Commissioners Heineman, Monroy an(
Compas
l3 I1 NOES: Commissioners Nielsen, Savary and Welshons
14
15
16
17
ABSENT:
ABSTAIN:
18 &y /fj st <f7 "-3 /' 1 : 2. fly?!? & *? .e3 ,y e L%-L-y .&*
/4+.>$* x?.&:~/<.!<s,f,y u 2 '<A? 19
20 CARLSBAD I$ LAMING COMMISSION
dBAfLEY NO )!$E, Chairperson
21
22 ATTEST:
\ 23
24
25
26
27
28
Planning Director
PC RES0 NO. 4295 -4-