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HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 46650 e i 1 2 3 4 5 6 7 8 PLANNING COMMISSION RESOLUTION NO. 4665 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE 4.28 ACRES INTO 12 SINGLE FAMILY LOTS WITH 12 SINGLE FAMILY HOMES AND TWO SECOND DWELLING UNITS ON PROPERTY GENERALLY LOCATED AT THE SOUTHERN TERMINUS OF JAMES DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: JAMES CANYON ESTATES CASE NO: HDP 98-22 9 WHEREAS, Hall Investment, Inc., “Developer”, has filed a verified applicatic 10 described as 11 with the City of Carlsbad regarding property owned by Alex J. Santos, Ltd., “Owner 12 13 14 Lot 16 and 17 and a portion of Lot 18 in Block “G” of Bellavista, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 2152, recorded March 7, 1929 in the office of the County Recorder. 15 16 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillsi 17 18 Development Permit as shown on Exhibits “A” - “N” dated November 17, 1999, on file in 1 Carlsbad Planning Department, JAMES CANYON ESTATES - HDP 98-22, provided by Til 20 of the Carlsbad Municipal Code; and 19 20 21 WHEREAS, the Planning Commission did on the 17th day of November, 195 22 23 consider said request; and 24 25 26 WHEREAS, at said hearing, upon hearing and considering all testimony a arguments, if any, of all persons desiring to be heard, said Commission considered all fact6 relating to the Hillside Development Permit; and 27 /I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannil 28 Commission as follows: A) That the foregoing recitations are true and correct. 0 e 1 2 3 4 5 6 7 8 9 10 11 12 B) That based on the evidence presented at the public hearing, the Commiss APPROVES JAMES CANYON ESTATES - HDP 98-22, based on following findings and subject to the following conditions: Findinm: 1. That hillside conditions have been properly identified on the constraints map which shl existing and proposed conditions and slope percentages; 2. That undevelopable areas of the project, i.e. slopes over 40%, have been prope identified on the constraints map; 3. That the development proposal is consistent with the intent, purpose, and requirements the Hillside Ordinance, Chapter 21.95, in that the grading volume based on kno? grading quantities of 6,775 cubic yards/acre is within the acceptable range, howev the project is excluded from this standard due to unusual geo-technical conditio maximum 30' high manufactured slope heights are below the maximum heij permitted, no 25% slopes possessing sensitive coastal sage scrub or chapar. habitats (dual criteria slopes) would be disturbed, and runoff from the site will less than existing conditions. 13 4. That the proposed development or grading will not OCCLK in the undevelopable portions 14 15 the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, that no natural slopes exceeding 40% exist on the site. 16 17 18 19 20 21 22 23 24 25 26 5. That the project design substantially conforms to the intent of the concepts illustrated the Hillside Development Guidelines Manual, in that setbacks from tops of slope a adequate, roof lines are parallel with slope contours, and manufactured slopes a screened with landscaping. 6. That the project design and lot configuration minimizes disturbance of hillside lands, that the project would disturb 40%+ gradient slopes created by undocumentl grading within the southwestern portion of the site, however, no natural slopes perimeter slopes subject to hillside development standards would be disturbed. 7. Pursuant to Section 21.95.130(A)(3) of the Hillside Development Regulatio Ordinance, due to unusual geotechnical or soil conditions that necessitate correcti work that may require significant amounts of grading, the site is excluded from Hillsi Development grading volume limitations, in that in addition to the proposed 29,O cubic yards of grading including 17,000 cubic yards of imported fill necessary f the project, unknown quantities of debris, undocumented fill, topsoil, and alluviu must be removed and exported from the site. The actual depths and extent removals will be determined by the geotechnical consultant during grading of tl site. 27 *.* 28 '*' 11 PC RES0 NO. 4665 -2- 0 a 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map. 1. This approval is granted subject to the approval of the Mitigated Negative Declarat and Mitigation Monitoring and Reporting, CT 98-20, SDP 99-09, and CDP 98 and is subject to all conditions contained in Planning Commission Resolutions 1 4662,4663,4664, and 4666 dated November 17,1999. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fe dedications, reservations, or other exactions hereafter collectively referred to for convenience “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. you protest them, you must follow the protest procedure set forth in Government Code Sect 66020(a), and file the protest and any other required information with the City Manager processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timt follow that procedure will bar any subsequent legal action to attack, review, set aside, void, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil zoning, grading or other similar application processing or service fees in connection with tl project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv a NOTICE similar to this, or as to which the statute of limitations has previously otherw expired. ... ... ... ... ... 11 PC RES0 NO. 4665 -3- .. II 1 I1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plam 2 3 Commission of the City of Carlsbad, California, held on the 17th day of November, 1999, 4 /I the following vote, to wit: 5 6 7 I AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, and Trigas NOES: Commissioner Welshons 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION 1) PC RES0 NO. 4665 -4-