HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 43511 e 0
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PLANNING COMMISSION RESOLUTION NO. 4351
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON
PROPERTY GENERALLY LOCATED EAST OF RANCHO
SANTA FE ROAD AND NORTH OF CALLE ACERVO IN
LOCAL FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME: SHELLEY TRACT MAP
CASE NO: HDP 90-1 1
WHEREAS, Daniel Shelley, “Developer”, has filed a verified application with
of Carlsbad regarding property owned by Daniel Shelley, “Owner”, described as,
That portion of lots 13 and 14 of the subdivision of the 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, June
27,1898; and
An easement and right-of-way for road purposes over and
across that portion of the southerly 60 feet of the westerly half
of lot 14 of Rancho Las Encinitas, which lies east of the center
line of the county road known as Road Survey No. 454-A.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “L”-“M” dated October 7, 1998, on fi
Carlsbad Planning Department, SHELLEY TRACT MAP, HDP 90-11, as provided by
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of Octobe
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testin:
arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Hillside Development Permit; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
RECOMMENDS APPROVAL of SHELLEY TRACT MAP, HD
based on the following findings and subject to the following conditions:
Findings:
1. That undevelopable areas of the project, pursuant to Subsection 21.53.230(b) h
properly identified on the constraints map.
2. That the development proposal is consistent with the intent, purpose, and require
the Hillside Ordinance, Section 21.95.010, in that the project proposes to pr
significant area of open space; hillside areas have been properly identil
project has been designed to “terrace’ with the contours of the natural sla
undulation has been provided at major slopes visible from public areas; :
project has been designed to preserve and enhance the natural riparian COI
the Encinitas Creek.
3. That the project design substantially conforms to Section 21.95.120 of the
Ordinance in that the volume of grading is within the potentially acceptable J
8,000-10,000 cubic yards per acre and has been justified on Exh
manufactured slopes do not exceed 40 feet; major visible slopes have been
graded; all manufactured slopes shall be landscaped for screening, erosion
and aesthetic value.
4. That the project design substantially conforms to the Hillside Development GI
manual in that the project has been designed consistent with Section 21.95.01
Carlsbad Municipal Code.
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 1
development different from this approval, shall require an amendment to this appr
2. Approval of HDP 90-11 is granted subject to the approval of Tentative Map C1
is valid only in association with the development of CT 90-03 as a Final M
shall become null and void if CT 90-03 does not become a Final Map.
PC RES0 NO. 435 1 -2-
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3. The Developer shall prepare a detailed landscape and irrigation plan in conformance with
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans
shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and
debris.
4. Prior to issuance of a grading permit which impacts wetlands or sensitive upland
species, the Developer shall be required: 1) to consult with the United States Fish and
Wildlife Service (USFWS) regarding the impact of the project on the Coastal California
Gnatcatcher; 2) obtain any permits required by the USWFS; 3) consult with the
California Department of Fish and Game (CDFG) and Army Corps of Engineers
(ACOE) regarding impacts to wetlands; and 4) obtain any permits required by
CDFG or ACOE.
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5. The Developer shall diligently implement, or cause the implementation of, all mitigation
measures identified in the Final EIR 90-06 that are found to be feasible by Resolution No.
4349.
6. The Developer shall dedicate on the final map, an open space easement for those portions
of lots 252-259 which are in slopes, wetlands, coastal sage scrub or other constrained land
plus all other lands set aside as part of the Citywide Open Space System in their entirety
to prohibit any encroachment or development, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways and landscaping other than that approved
as part of (the grading plan, improvement plans,. biological revegetation program,
landscape plan, etc.) as shown on Exhibit “L”-“M”.
7. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such . conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Hillside Development Permit.
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PC RES0 NO. 435 1 -3 -
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e e
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of October, 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Monroy,
and Savary
NOES:
ABSENT: Commissioners Heineman and Welshons
ABSTAIN:
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.,a-&? &g.&y- *L “Y..$,&? 2 :; ’i .I %...<S,
gAIfEY NOBJ&, Chairperson
CARLSBAD PEANNING COMMISSION
ATTEST:
MICHAEL J.~OLZX%,LER
Planning Director
PC RES0 NO. 4351 -4-