HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4498c
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PLANNING COMMISSION RESOLUTION NO. 4498
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON
PROPERTY GENERALLY LOCATED SOUTH OF PARK
DRIVE, NORTH OF VETERANS’ MEMORIAL PARK, WEST
OF EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH
CASE NO: HDP 97-1 7
WHEREAS, Kelly Land Company, “Developer”, has filed a verified apl
with the City of Carlsbad regarding property owned by Kelly Land Company, “
described as
A portion of Lot “I” of Rancho Agua Hedionda and a portion
of Lot “F” of Rancho Agua Hedionda all in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 823, filed in the office of the County
Recorder of San Diego County, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “N” - “U” dated April 7, 1999, on filt
Carlsbad Planning Department, KELLY RANCH, HDP 97-17, as provided by Chapter 2
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of April
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimc
arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to the Hillside Development Perrnit; and
‘ NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
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 Corr
RECOMMENDS APPROVAL, of KELLY RANCH, HDP 97-17, base
following findings and subject to the following conditions:
Findinfs:
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 as conditioned the development proposal is consistent with the intent, pq
requirements of the Hillside Ordinance, Chapter 21.95, in that hillside alteration
result in substantial damage or alteration of significant natural resourcc
wildlife habitats or native vegetation areas; the natural appearance of hi1
preserved by assuring that development density and intensity relates to the
the land, and is compatible with hillside preservation; proper design is ut1
grading, landscaping and in the development of structures and roadways to I
the natural appearance of hillsides to the greatest extent feasible; a healtl:
aesthetically pleasing environment is preserved and enhanced by assuri
hillside development is pleasing to the eye, rich in variety, highly identifial
reflects the City’s cultural and environmental values; hillside conditi
properly identified and incorporated into the planning process; the inten
land use and open spacekonservation elements of the Carlsbad General I
implemented; erosion is prevented and the lagoons protected from excessive s
4. That the development of structures will not occur in the undevelopable portio^
site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Codc
all structures are located within areas that have been identified as developab
5. That as conditioned the project design substantially conforms to the inten
concepts illustrated in the Hillside Development Guidelines Manual, in
development was designed to take greatest advantage of the flatter areas of
and manufactured slopes will be stepped in a best effort to reflect natural
progression.
6. That the project design and lot configuration minimizes disturbance of hillside
the greatest extent possible, in that the project has been designed to take ad
of existing areas of less slope gradient and to step development pads.
7. That the project is proposed with a modification to the Hillside Development Rei
as permitted by Section 21.95.070 with slopes that are greater than 30 feet i
which will result in more open space or undisturbed area than would a strict adhl
PC RES0 NO. 4498 -2-
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the requirements of the ordinance, in that the greater than 30 foot slopes allow
road grades which reduce the gross area of disturbance required to provid
to the different elevations of the site.
8. The Planning Commission has reviewed each of the exactions imposed on the D
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the extent
degree of the exaction is in rough proportionality to the impact caused by the projc
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 p
development different from this approval, shall require an amendment to this appr
2. Developer shall apply for and obtain a grading permit issued by the City E
consistent with all City grading policies and ordinances.
3. Grading is prohibited from October 1 to April 1. The City Engineer may pe
extension of the grading season until November 15, 1999 if all precau
measures regarding erosion, consistent with the City’s grading ordinance, ha
put in place.
4. Developer shall constructlinstall storm drain facilities consistent with the
Drainage Plan to the satisfaction of the City Engineer.
5. Approval of HDP 97-17 is granted subject to the approval of CT 97-16, CDP
PUD 99-02.
6. HDP 97-17 shall expire two years from final action unless a grading permit h;
issued by 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 the date of final approval to protest imposition of these feedex;
If you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mana
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to
PC RES0 NO. 4498 -3-
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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 1
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of April 199!
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4498 -4-