HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 4428)r
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PLANNING COMMISSION RESOLUTION NO. ,4428
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO
ALLOW GRADING FOR A 73 UNIT SINGLE FAMILY
SUBDIVISION OVER 36.7 ACRES ON PROPERTY
GENERALLY LOCATED WEST OF EL CAMINO REAL,
BETWEEN CASSIA ROAD AND DOVE LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 2 1.
CASE NAME: LOHF SUBDIVISION
CASE NO: HDP 97-16
WHEREAS, LAMCO Housing Inc, “Developer”, has filed a verified ap
with the City of Carlsbad regarding property owned by Lohf Trust anld Alice M. L:
Trust, “Owner”, described as
Parcel 2 of Map No. 2244, filed in the Office of the County
Recorder on January 10, 1974 and the southern half of the
northeast quarter of Section 26, Township 12 South, ]Range 4
West, San Bernardino Meridian, all in the City of Ciarlsbad,
County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “K” dated December 2, 1998, on fi
Carlsbad Planning Department, LOHF SUBDIVISION - HDP 97-16, as provided by
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 2nd day of Decembc
consider said request; and
WHEREAS, at said heating, 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 RES0LVE;D by the :
Commission 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 Co:
on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of LOHF SUBDIVISION - HDP 97-
Findings:
1. That hillside conditions have been properly identified on the constraints map, :
on Exhibits “E” - “G”, dated December 2, 1998, which show existing and
conditions and slope percentages;
2. That undevelopable areas of the project, i.e. slopes over 40%, have been
identified on the constraints map, as shown on Exhibits “E” - “G”, dated Decl
1998;
3. That the development proposal is consistent with the intent, purpose, and require
the Hillside Ordinance, Chapter 21.95, in that, with the exceptionL of grading a!
with Poinsettia Lane, all steep slopes are preserved, all manufactured slope:
are 30 feet or less, and the grading volumes of 9,586 cubic yards per acre a
acceptable range as stated in Section 21.95.060(j)(4) of the Hillside Dew
Ordinance.
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, with the exception of grading associated with Poinsettia L:
undevelopable portions are remaining in open space .
5. That the project design substantially conforms to the intent of the concepts illus
the Hillside Development Guidelines Manual, in that the project includes
grading on the perimeter slopes and the proposed site plan follows the
terrain as much as possible, while still meeting grade at two adjacent loca
and the future Poinsettia Lane.
6. That the project design and lot configuration minimizes disturbance of hillside
that it follows the natural grade and elevation of adjacent developed la1
preserves the majority of the sloping topography covered with native habital
7. That the site requires extensive grading to accommodate a circulation-element I
in that Poinsettia Lane traverses the subject property along the northern PC
the site, which requires additional grading volumes, a maximum slope heig
feet and minor native habitat encroachment.
9. That the proposed modification will result in significantly more open s
undisturbed area than would a strict adherence to the requirements of the ordir
that there are areas within the proposed open space that arle not precludc
PC RES0 NO. 4428 -2-
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development which could be developed and accessed through local !
Poinsettia Lane did not set the elevation of the subdivision.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all CI
and modifications to the Hillside Development Permit document(s) necessaq
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 apy
2. Approval of HDP 97-16 is granted subject to the approval of ZC 97-06, LCP
CT 97-15 and CDP 97-39. HDP 97-16 is subject to all conditions con
Planning Commission Resolutions No. 4425, 4426, 4427 and 4429 for 2
LCPA 97-08, CT 97-15 and CDP 97-39, respectively
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, del
reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these fees/c
If you protest them, you must follow the protest procedure set forth in Gcwernment Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.1030. Failure 1
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/(
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor :
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bc
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
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PC RES0 NO. 4428 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of December, 195
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, 1
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
Savary, and Welshons
ATTEST:
MICHAEL J. HOXMILMR
Planning Director
PC RES0 NO. 4428 -4-