HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 4344I
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PLANNING COMMISSION RESOLUTION NO. 4344
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
GRADING AND SUBDIVISION OF A 35.37 ACRE SITE INTO
30 LOTS ON RESIDENTIAL PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF RANCHO SANTA FE
ROAD BETWEEN OLIVENHAIN ROAD AND CALLE
ACERVO IN LOCAL FACILITIES MANAGEMENT ZONE 11
CASE NAME: COLINA ROBLE
CASE NO: HDP 98-01
WHEREAS, Colina Roble LLC , “Developer”, has filed a verified ap
with the City of Carlsbad regarding property owned by Wiegand Properties Part
“Owner”, described as
HILLSIDE DEVELOPMENT PERMIT HDP 98-01 FOR THE
A portion of Lot 13 of the Subdivision of Rancho Las Encinitas, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 848, filed in the office of the County
Recorder of San Diego County, on June 27,1898
(“the Property”); and
WHEREAS, said verified applica.tion constitutes a request for a Spe
Permit as shown on Exhibit(s) “A” - “G” dated August 19, 1998, on file in the
Department, COLINA ROBLE, HDP 98-01, as provided by Chapter 21.95 of the
Municipal Code; and
WHEREAS, the Planning Commission did on the 19th day of August, 1
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission considered 2
relating to the Hillside Development Permit;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
APPROVES COLINA ROBLE, HDP 98-01, based on the following
and subject to the following conditions:
Findings:
1. That hillside conditions have been properly identified on the constraints map whi
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 require.
the Hillside Ordinance, Chapter 21.95, in that: 1) the grading design avoic
slopes; 2) manufactured slopes are contoured to follow the natural topograp
3) the future homes would be setback from the top of manufactured slopes.
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 the significant steep slopes greater than 40% are preserved in open spac
5. That the project design substantially conforms to the intent of the concepts illu:
the Hillside Development Guidelines Manual, in that the grading follows the
topography, the future homes would be setback from the tops of manu
slopes, and all manufactured slopes will be screened with landscaping that
a combination of ground cover, shrubs, and trees.
6. That the project design and lot configuration minimized disturbance of hillside
that the project's grading and development does not encroach into steep slor
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) necessary
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. Approval of HDP 98-01 is granted subject to the approval of CT 98-02 and SI
and is subject to all conditions and code reminders contained in Planning Con
Resolutions No. 4342, and 4343 for the Teentative Map and Special Use Perm
3. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
PC RES0 NO. 4344 -2-
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4. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time,, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute liti;
compel their compliance with said conditions or seek damages for their violatj
vested rights are gained by Developer or a successor in interest by the City's apy
this site plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
Commission of the City of Carlsbad, California, held on the 19th day of August, 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, M
Nielsen, Savary, and Welshons
NOES:
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ABSTAIN:
ATTEST:
Planning Director
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PC RES0 NO. 4344 -3 -