HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 45120
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PLANNING COMMISSION RESOLUTION NO. 4512
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF HOLLY
BRAE LANE, SOUTH OF ALDER AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: GILSON RESIDENCE
CASE NO: HDP 98-14
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g with the City of Carlsbad regarding property owned by Kirk and Nita Gilson,
WHEREAS, Kirk and Nita Gilson, “Developer”, has filed a verified a.
10 described as
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Parcel B of parcel map no. 17879, in the City of Carlsbad, in
the County of San Diego, State of California, filed in the office
of the County Recorder of San Diego County, July 14,1998, as
file no 1997-0331534 of official records of San Diego County.
l4 (“the Property”); and
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19 21.95.060 of the Carlsbad Municipal Code; and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A” - “M” dated April 7, 1999, on f
Carlsbad Planning Department, GILSON RESIDENCE, HDP 98-14, as provided b)
20 WHEREAS, the Planning Commission did on the 7th day of Apl
21 consider said request; and
22 II WHEREAS, at said hearing, upon hearing and considering all testin
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Commission as follows: 27
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Hillside Development Permit; and
A) That the foregoing recitations are true and correct.
0 a
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B) That based on the evidence presented at the public hearing, the Cc
APPROVES, GILSON RESIDENCE, HDP 98-14, based on the
findings and subject to the following conditions:
FindinEs:
1. That hillside conditions have been properly identified on the constraints map w.
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 requir
the Hillside Ordinance, Chapter 21.95, in that The Hillside Development Regu:
Coastal Properties purpose and intent is to:
A) Assure hillside alteration will not result in substantial damage or :
of significant natural resource areas, wildlife habitats, or native t
areas. The project site, as an in-fill site surrounded by other ho
non-native vegetation, contains no such areas or habitats, and an:
alteration would not result in substantial damage or alteration to sj
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
hillsi.de preservation. The project proposes a single family house an
detached garage/guest house to be constructed at this location. Thc
being built with a stem wall foundation which does not req
development of a level building pad, therefore manufactured slope!
created. The structure is built along the contour, rather than up a
the slope. The driveway for the site traverses the slope of the prope
to minimize the amount of grading required.
C) Assure proper design is utilized in grading, landscaping anc
development of structures and roadways to preserve the natural ap
of hillsides. As previously noted, the development for this site mi
slope direction, if not the inclination, of the existing hillside.
D) Preserve and enhance a healthful and aesthetically pleasing envirol
assuring that hillside development is pleasing to the eye, rich in
highly identifiable, and reflects the city’s cultural and environment2
This development, consists of the development of a single-family hc
in-fill lot that has no native vegetation. Review of the site plan, the d
Municipal Code, and the development of the neighboring p
indicates that the proposed project is in harmony with the environr
surrounding neighborhood.
PC RES0 NO. 45 1% -2-
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4B 0
E) Assure hillside conditions are properly identified and incorporated
planning process. The applicant’s engineer has properly identifiec
areas, earthwork quantities, drainage structures, retaining walls,
control, landscaping, hardscape, buildings, and topography as req
the Hillside Development Regulations.
F) Implement the intent of the land use and open spacekonservation elt
the Carlsbad General Plan. The property is designated to be devela
a single family home by the Land Use Element of the General Plan, i
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 con
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 80 cubic yards per acre.
I) Reduce the intensity of development on hillside areas to er
devellopment that does occur is compatible with the existing topogr:
the main element of the site grading is construction of a driveway f
and associated hardscape, and the grading volumes propc
significantly less intensive than the standards contained within tht
Regulations, the intensity of development that is proposed is compr
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 the site does not have any significant landforms that are pari
surrounding generalized slope that are undevelopable.
5. That the prqject design substantially conforms to the intent of the concepts ilh
the Hillside Development Guidelines Manual, in that the design of the reside
down the slope with a stem wall type foundation which eliminates the
extensive grading of the property and the creation of large manufactured sl
6. That the project design and lot configuration minimizes disturbance of hillside
that the proposed development does not require extensive grading for the p
of the house! and that the driveway and house are developed along the contc
property.
PC RES0 NO. 45 1% -3-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
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 apl
2. Approval of HDP 98-14 is granted subject to the approval of CDP 98-67. HDI
subject to all conditions contained in Planning Commission Resolution No.
the Negative Declaration Resolution, and Resolution No 4513 for the
Development Permit.
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
implemented1 and maintained according to their terms, the City shall have th
revoke or mlodify all approvals herein granted; deny or further condition issua
future building permits; deny, revoke or further condition all certificates of c
issued under the authority of approvals herein granted; institute and prosecute lii
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s ay
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 convc
“fees/exactions.”
You have 90 days from April 7, 1999 to protest imposition of these feedexaction:
protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Mz
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
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 b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
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PC RES0 NO. 45 1% -4-
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(B e
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'Heurt
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN: 86 7
. fl/
COURTNEYE. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 451% -5-