HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 46650 e
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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
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with the City of Carlsbad regarding property owned by Alex J. Santos, Ltd., “Owner
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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.
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(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillsi
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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
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21 WHEREAS, the Planning Commission did on the 17th day of November, 195
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consider said request; and
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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.
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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
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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.
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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.
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11 PC RES0 NO. 4665 -2-
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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.
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11 PC RES0 NO. 4665 -3-
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1 I1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plam 2
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Commission of the City of Carlsbad, California, held on the 17th day of November, 1999,
4 /I the following vote, to wit:
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I AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, and Trigas
NOES: Commissioner Welshons
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ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
1) PC RES0 NO. 4665 -4-