HomeMy WebLinkAbout1999-12-15; Planning Commission; Resolution 46891
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PLANNING COMMISSION RESOLUTION NO. 4689
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO GRADE AND
SUBDIVIDE 10.4 ACRES INTO 21 LOTS AND CONSTRUCT
19 SINGLE FAMILY DWELLINGS AND THREE SECOND
DWELLING UNITS ON PROPERTY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF CARLSBAD VILLAGE
DRIVE AND EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 2.
CASE NAME: SPYGLASS I1
CASE NO: HDP 99-07
WHEREAS, Landis Industries, Inc., “Developer”, has filed a verif
application with the City of Carlsbad regarding property owned by Horace and Dolph
Felkins Trust, “Owner”, described as
That certain portion of Lot J, Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to partition Map thereof, No. 823 on file in the Office
of the County Recorder of said County, and described in Deed
to Wayne Willard Connor, recorded June 21, 1957 as
Document No. 92974 in Book 6632, page 183 of official records
of said County,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hills
Development Permit as shown on Exhibit(s) “A” - “S” dated December 15,1999, on file in
Carlsbad Planning Department, SPYGLASS 11, HDP 99-07, as provided by Chapter 21.95
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 15th day of December, 19
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimony
arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to the Hillside Development Permit ; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commiss
APPROVES SPYGLASS 11, HDP 99-07, based on the following findings
subject to the following conditions:
FindinPs:
1. That hillside conditions have been properly identified on the constraints map which sh
existing and proposed conditions and slope percentages;
2. That undevelopable areas of the project, i.e. slopes over 40%, have been prop<
identified on the constraints map;
3. That the development proposal is consistent with the intent, purpose, and requirement:
the Hillside Ordinance, Chapter 21.95, in that the grading quantities, that are not p
of the excluded grading quantity because of circulation element roadway gradi
are within the acceptable range of 5,125 cubic yards. The project will prov
protection to the lagoons and riparian ecosystem by complying with the Natio
Pollution Discharge Elimination System and best management practices to red;
surface pollutants.
4. That the proposed development or grading will not occur in the undevelopable portions
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
that natural slopes over forty percent are not prominent land form features
identified by 21.95.120(B)(d).
5. That the project design substantially conforms to the intent of the concepts illustrated
the Hillside Development Guidelines Manual, in that:
A. Rounded slopes are provided throughout.
B. Earth berms at the top of slopes are proposed to mitigate noise and vis
C. Manufactured slopes provided vertical separation between the developm
D. Curvilinear streets are used where possible to create interest and vis1
E. Extensive landscaping is proposed on all manufactured slopes.
F. Units will, in general, screen proposed manufactured slopes but will not x
G. The proposed units provide a varied articulated tile roof.
H. The major slopes along El Camino Real and Carlsbad Village Drive are to
impacts.
pads.
diversity.
above the horizon.
open space lots with open space easements and will be maintained by
homeowners association.
I PC RES0 NO. 4689 -2-
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6. That the project design and lot configuration minimizes disturbance of hillside lands,
that a large percentage of the project’s slopes are related to the construction
circulation element roadways and are being restored to city standards a
landscaped. The project and lot design is such that the pads are separated
intermediate slopes which follow the general topography of the site.
7. That the site has unusual geotechnical or soil conditions that necessitate corrective wi
that may require significant amounts of grading, in that corrective grading at the cor]
of El Camino Real and Carlsbad Village Drive must be done.
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 Declarati
and Mitigation Monitoring and Reporting Program, CT 99-08, SUP 99-04, and SI
99-04 and is subject to all conditions contained in Planning Commission Resolutic
No. 4685,4686,4687, and 4688 for those other approvals.
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 fkom 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 Secti
66020(a), and file the protest and any other required information with the City Manager 1
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 t
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gil
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
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PC RES0 NO. 4689 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann
Commission of the City of Carlsbad, California, held on the 15th day of December 1999, by
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
NieIsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HENEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
- MICHAEL J. HOLZ~LER
Planning Director
PC RES0 NO. 4689 -4-