HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 4631.
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PLANNING COMMISSION RESOLUTION NO. 4631
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAF%SBAD, CALIFORNIA7 APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE 27.7
ACRES INTO 21 SINGLE FAMILY LOTS AND ONE OPEN
SPACE LOT WITH 21 SINGLE FAMILY HOMES ON
PROPERTY GENERALLY LOCATED NORTH OF
POINSETTIA LANE BETWEEN AVIARA PARKWAY AND
BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: ROESCH PROPERTY SUBDIVISION
CASE NO: HDP 98-21
WHEREAS, Standard Pacific Corporation, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Ronald L. Roesch,
described as
That portion of Section 22, Township 12 South, Range 4 West,
San Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to official
plat thereof, as described in Certificate of Compliance
recorded March 11,1997 as File No. 1997-0106633 official
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “AA” dated October 6, 1999, on j
Carlsbad Planning Department, ROESCH PROPERTY SUBDIVISION, HDP !
provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of Octob
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testil
arguments, if any, of all persons desiring to be heard, said Commission considered ;
relating to the Hillside Development Permit;
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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 Co:
APPROVES, ROESCH PROPERTY SUBDIVISION, HDP 98-21,
the following findings and subject to the following conditions:
Findinw:
1. That hillside conditions have been properly identified on the constraints map wh
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 requirt
the Hillside Ordinance, Chapter 21.95, in that 1) the grading design avoids stel
to the greatest extent possible; 2) grading quantities of 7,620 cubic yards
are within the acceptable range, and 3) manufactured slopes are contoured
the natural topography.
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
5. That the project design substantially confonns to the intent of the concepts illur
the Hillside Development Guidelines Manual, in that the grading follows the
topography, the proposed homes would be setback from the tops of manu
slopes, and all manufactured slopes will be screened with landscaping that
a combination of ground cover, shrubs, and trees where permitted by
suppression zones.
6. That the project design and lot configuration minimizes disturbance of hillside
that the project’s grading design is consistent with the Coastal Resource
Zone (Chapter 21.203 of the Carlsbad Municipal Code) and would not t
into steep slopes that are identified as undevelopable by the Hillside Or
development and design standards except 6.6% of the chaparral habitat exi
dual criteria slopes. The Mello I1 LCP permits an encroachment of up to
enable reasonable use of a property. Of the total 27.87 acres, the project pra
develop only 6.5 acres with 21 lots although there are other developab
existing on the site. Approximately 16 acres contain sensitive habitat (coa!
scrub, southern maritime chaparral, native grassland, and wetland) and tht
proposes to disturb only 1.37 acres of southern maritime chaparral. The 11
density is 37 units below the density permitted by the General Plan a
avoidance of dual criteria slopes would result in the loss of 6 of the proposec
An alternate design utilizing the developable acreage to the north would I
PC RES0 NO. 4631 -2-
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equal or greater impacts to sensitive vegetation than is proposed and dis
habitat corridor. The proposed design enables reasonable use of the prope:
avoiding disturbance to the majority of habitat and providing a continuou
corridor through the western and northern portions of the site.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Dc
and Mitigation Monitoring and Reporting Program, ZC 98-12, LCPA 98-05
19, SDP 99-05, and CDP 98-86 and is subject to all conditions contained in -
Commission Resolutions No. 4626, 4627, 4628, 4629, 4630, and 4632 dated
6,1999.
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 date of final approval to protest imposition of these fees/exac
you 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 Mal
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 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 c
expired.
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PC RES0 NO. 4631 -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 6th day of October, 199
following vote, to wit:
AYES: Vice Chairperson Compas, Commissioners L’Heureux,
Segall, Trigas, and Welshons
NOES:
ABSENT: Chairperson Heineman
ABSTAIN:
WILLIAM COMPAS, Vice Ckrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4631 -4-