HomeMy WebLinkAbout2001-05-02; Planning Commission; Resolution 49641
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PLANNING COMMISSION RESOLUTION NO. 4964
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT OF HILLSIDE
DEVELOPMENT PERMIT HDP 97-17 ON PROPERTY
GENERALLY LOCATED SOUTH OF CANNON ROAD AND
EAST OF FARADAY AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH
CASE NO: HDP 97-17(A)
WHEREAS, The Kelly Land Company, ‘Developer and Owner”, has filed a
verified application with the City of Carlsbad regarding property described as
A portion of Lot “I” of Ran&o Agua Hedionda and a portion
of Lot “F” of Ran&o Agua Hedionda all in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 823, filed in the office of the County
Recorder of San Diego County, November 16,1896.
(“the Property”); and
WHEREAS, the California Coastal Commission approved Local Coastal
Program Amendment LCPA 97-09 with modifications on July 11,200O; and
WHEREAS, this Hillside Development Permit Amendment is necessary for
the Kelly Ranch project to be consistent with the Local Coastal Program as amended by
LCPA 97-09(A); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit Amendment as shown on Exhibit(s) “A” - “M” dated May 2, 2001, on file
in the Carlsbad Planning Department, KELLY RANCH, HDP 97-17(A), as provided by
Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 2nd day of May, 2001,
consider said request; and
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WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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4 relating to the Hillside Development Permit Amendment; and
5 WHEREAS, on the 7th day of April, 1999, the Planning Commission
6 recommended approval of HDP 97-17 as described and conditioned in Planning
7 Commission Resolution No. 4498; and,
8 WHEREAS, on the 11th day of May, 1999, The City Council approved HDP 97-17
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as described and conditioned in City Council Resolution No. 99-162; and
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WHEREAS, this resolution’s findings and conditions shall supercede the
findings and conditions of Planning Commission Resolution No. 4498; and,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
4 That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL, of KELLY RANCH, HDP 97-17(A), based on
the following findings and subject to the following conditions:
Findings:
1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages;
2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map;
3. That as conditioned the development proposal is consistent with the intent, purpose, and
requirements of the Hillside Ordinance, Chapter 2 1.95, in that hillside alteration will not
result in substantial damage or alteration of significant natural resource areas,
wildlife habitats or native vegetation areas; the natural appearance of hillsides is
preserved by assuring that development density and intensity relates to the slope of
the land, and is compatible with hillside preservation; proper design is utilized in
grading, landscaping and in the development of structures and roadways to preserve
the natural appearance of hillsides to the greatest extent feasible; a healthful and
aesthetically pleasing environment is preserved and enhanced by assuring that
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hillside development is pleasing to the eye, rich in variety, highly identifiable, and
reflects the City’s cultural and environmental values; hillside conditions are
properly identified and incorporated into the planning process; the intent of the
land use and open space/conservation elements of the Carlsbad General Plan are
implemented; erosion is prevented and the lagoons protected from excessive siltation;
That the development of structures will not occur in the undevelopable portions of the
site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that
all structures are located within areas that have been identified as developable.
That as conditioned the project design substantially conforms to the intent of the
concepts illustrated in the Hillside Development Guidelines Manual, in that the
development was designed to take greatest advantage of the flatter areas of the site
and manufactured slopes will be stepped in a best effort to reflect natural hillside
progression.
That the project design and lot configuration minimizes disturbance of hillside lands to
the greatest extent possible, in that the project has been designed to take advantage
of existing areas of less slope gradient and to step development pads.
That the project is proposed with a modification to the Hillside Development Regulations
as permitted by Section 21.95.070 with slopes that are greater than 30 feet in height
which will result in more open space or undisturbed area than would a strict adherence to
the requirements of the ordinance, in that the greater than 30 foot slopes allow steeper
road grades which reduce the gross area of disturbance required to provide access
to the different elevations of the site.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Hillside Development Permit Amendment.
2. Staff is authorized and directed to make, or require Developer or their successors to
make, all corrections and modifications to the Hillside Development Permit
document(s) necessary to make them internally consistent and in conformity with final
action on the project. Development shall occur substantially as shown in the approved
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Exhibits. Any proposed development different from this approval, shall require an
amendment to this approval.
Adoption of Planning Commission Resolution No. 4964 [HDP 97-17(A)] voids and
supersedes Planning Commission Resolution No. 4498 (HDP 97-17) and shall
become effective upon concurrence by the California Coastal Commission with the
Executive Director’s report of acceptance of the suggested modifications for
Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the
City of Carlsbad.
The Developer or their successors shall apply for and obtain a grading permit issued by
the City Engineer consistent with all City grading policies and ordinances.
All construction activities shall be planned so that grading will occur in units that
can be easily completed within the summer construction season. All grading
operations shall be limited to be between April 1 and October 1 of each year. All
areas disturbed by grading shall be planted within 60 days of initial disturbance and
prior to October 1 with temporary or permanent (in the case of finished slopes)
erosion control methods. The October 1 grading season deadline may be extended
with the approval of the City Engineer subject to implementation by October 1 of
erosion control measures designed to prohibit discharge of sediments off-site during
and after the grading operation is completed. Extensions beyond November 15 may
be allowed in areas of very low risk of impact to sensitive coastal resources.
If any of the responsible Resource Agencies prohibit grading operations during the
summer grading period in order to protect endangered or rare species or sensitive
environmental resources, then grading activities may be allowed during the winter.
Developer or their successors shall construct/install storm drain facilities consistent
with the Master Drainage Plan to the satisfaction of the City Engineer.
This approval is granted subject to the approval of CT 97-16(A) and CDP 97-43(A)and
is subject to all conditions contained in Planning Commission Resolutions No. 4963
and 4965 for those other approvals
HDP 97-17(A) shall expire two years from recordation of the final map for CT 97-16
unless a grading permit has been issued by the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these fees/exactions.
If you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
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follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading nor other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
L’Heureux, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Director
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