HomeMy WebLinkAbout1999-03-03; Planning Commission; Resolution 4490d I a m
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PLANNING COMMISSION RESOLUTION NO. 4490
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON PROPERTY
LOCATED AT 4125 SKYLINE DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: BELIVEAU RESIDENCE
CASE NO: HDP 98-17
WHEREAS, Andrew Wilt, “Developer”, has filed a verified applicatior
City of Carlsbad regarding property owned by Richard and Linda Beliveau,
described as
Lot 83 of Carlsbad Highlands, Unit No. 2, according of Map
thereof No. 2825 on file with the County Recorder of the
County of San Diego,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A” - “N” dated March 3, 1999, on 1
Carlsbad Planning Department, BELIVEAU RESIDENCE HDP 98-17; and
WHEREAS, the Planning Commission did on the 3rd day of Mal
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testir
arguments, if any,. of all persons desiring to be heard, said Commission considered ;
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.
B) That based on the evidence presented at the public hearing, the Cc
APPROVES HDP 98-17 based on the following findings and subji
following conditions:
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Findings:
1. That hillside conditions have been properly identified on the constraints map wl 4 existing and proposed conditions and slope percentages.
5 11 2. That undevelopable areas of the project, i.e. slopes over 40%, have been
6 I) identified on the constraints map.
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3. That the development proposal is consistent with the intent, purpose, and requir
the Hillside Ordinance, Chapter 21.95, in that The Hillside Development Regul
Coastal Properties purpose and intent is to :
A) Assure hillside alteration will not result in substantial damage or i
of significant natural resource areas, wildlife habitats, or native v
areas. As this site has been fully developed previously with a home
native vegetation, is an infill site surrounded by other homes with n'
vegetation, and therefore contains no such areas or habitats, an:
alteration would not result in substantial damage or alteration
significant areas or habitats.
B) Preserve the natural appearance of hillsides by assuring that dev
density and intensity relates to the slope of the land, and is compal
hillside preservation. The project proposes a single family house an
pool to be constructed at this location. The pool has an approxin:
wide pad in association with it to allow usable hardscape recreatio
around it. This pad parallels the natural contour of the lar
manufactured 2:l fill slope, parallels the natural slope and limits th
of graded land as a slope with a lesser inclination would effect a gre
of the property. The surrounding properties have similar sing
construction and recreational pad development.
C) Assure proper design is utilized in grading, landscaping an4
development of structures and roadways to preserve the natural ap
of hillsides. As previously noted, the grading for this site mimics
direction, if not the inclination, of the existing hillside.
D) Preserve and enhance a healthful and aesthetically pleasing enviro
assuring that hillside development is pleasing to the eye, rich il
highly identifiable, and reflects the city's cultural and environment
This development, consists of the demolition of a single family hous
rebuilding of a single family house in essentially the same location 0.
lot that has no native vegetation. Review of the site plan, the
Municipal Code, and the development of the neighboring 1
indicates that the proposed project is in harmony with the environ
surrounding neighborhood. I] PC RES0 NO. 4490 -2-
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E) Assure hillside conditions are properly identified and incorporated
planning process. The applicant’s engineer, Resources Dev
Corporation, has properly identified graded areas, earthwork q
drainage structures, retaining walls, erosion control, landscaping, hi
buildings, and topography as required by the Hillside Dev
Regulations.
F) Implement the intent of the land use and open space/conservation ell
the Carlsbad General Plan. The property is designated to be develc
a single family home by the Land Use Element of the General Plan,
are no natural or historic features of note on the property.
G) Prevent erosion and protect the lagoons from excessive siltation. Th
requires a grading permit, and as part of that permit, an erosion coa
will be submitted. This plan will indicate both temporary sandbag
punched straw during construction and permanent landscap
compaction after construction as a means of erosion control.
H) Encourage creatively designed hillside development requiring a
amount of grading. The Hillside Development Regulations state
relative sensitivity of hillside grading volumes that is acceptable is
or equal to 7,999 cubic yards per acre, while this project
approximately 4,800 cubic yards per acre .
I) Reduce the intensity of development on hillside areas to e1
development that does occur is compatible with the existing topogr;
the main element of the site grading is construction of a pad for the
associated hardscape, and the grading volumes and slope heights
are significantly less intensive than the standards contained w
Hillside Regulations, the intensity of development that is prc
compatible via conformance with those standards..
4. That the proposed development or grading will not occur in the undevelopable p
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal
that those portions of the site are excludable due to their limited area.
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 fiom this approval, shall require an amendment to this apl
2. Approval of HDP 98-17 is granted subject to the approval of CDP 98-71. HDI
subject to all conditions contained in CDP 98-71 for the Coastal Development
i PC RES0 NO. 4490 -3-
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General:
3. If any of the foregoing conditions fail to occur; or if they are, by their ten
implemented and maintained over time, if any of such conditions fail
implemented and maintained according to their terms, the City shall have thc
revoke or modify all approvals herein granted; deny or further condition issua
hture building permits; deny, revoke or fin-ther condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute
to compel their compliance with said condtions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s ap
this Hillside Development Permit.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from March 3, 1999 to protest imposition of these fees/exactions
protest them, you must follow the protest procedure set forth in Government Cod6
66020(a), and file the protest and any other required information with the City Ma1
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
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 I
zoning, grading or other similar application processing or service fees in connection 7
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
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PC RES0 NO. 4490 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 3rd day of March 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurt
Nielsen, Noble, Savary, and Welshons
NOES: 7
8 ABSENT:
9 ABSTAIN:
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12 COURTNEY HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
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Planning Director
PC RES0 NO. 4490 -5-