HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57551
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PLANNING COMMISSION RESOLUTION NO. 5755
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP
COLLEGE BOULEVARD AND NORTH OF EL CAMINO
REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: CANTARINI RANCH
00-09 ON PROPERTY GENERALLY LOCATED EAST OF
CASE NO.: HDP 00-09
WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint
Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as
That portion of Lot “B” in Rancho Agua Hedionda, 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 on November 16,1896,
described in a Grant Deed recorded July 9, 1962 as File/Page
No. 116406 of Official Records. Except therefrom that portion
thereof described in a Grant Deed recorded November 19,
1965 as File/Page No. 210231 of Official Records. Also
including portions of Lot “D” and “E” of said Map No. 823,
described in a Grant Deed recorded September 7,1995, as Doc.
# 1995-00100176 of Official Records. Also including a portion
of Lot “B” of said Map No. 823, described in a Grant Deed
recorded September 7,1995, as Doc. # 1995-0398027 of Official
Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibits “A” - “11” dated October 20, 2004, on file in the
Carlsbad Planning Department, CANTARINI RANCH - HDP 00-09, as provided by Chapter
21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 20th day of October 2004,
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
relating to the Hillside Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CANTARINI RANCH - HDP 00-09 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 the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 2 1.95, in that the hillside conditions are properly
identified and are incorporated in the design of the subdivision; the project is
designed to relate to the slope of the land; highly visible slopes will be contour
graded; the alteration of the natural hillsides will be done in an environmentally
sensitive manner to preserve steep slopes and wildlife habitats; and the project will
implement NPDES measures to reduce runoff and avoid erosion.
4. That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230, in that no grading will occur in
areas with natural slopes over 40%.
5. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that on-site grading is within the
acceptable quantity range with 7,360 cy/acre; no slopes over 40 feet in height are
being created as a result of the grading scheme with the exception of a small portion
of slope near Lot 17 facing College Boulevard which is 43.5 feet but is exempt since
it is necessary for the construction of a Circulation Element Roadway (College
Boulevard); lots requiring a slope edge building setback from top of slope for future
residential construction have been identified on the tentative map, and all
manufactured slopes will be landscaped in accordance with the City’s Landscape
Guidelines Manual.
PC RES0 NO. 5755 -2-
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6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that the significant slope and sensitive habitat areas are being preserved in open
space.
7. That the site has unusual geotechnical or soil conditions that necessitate corrective work
that may require significant amounts of grading in that the site contains compressible
soils which require corrective grading measures.
8. That the proposed modification allowing a retaining wall up to 19.8 feet west of “I”
Street will result in significantly more open space or undisturbed area than would a strict
adherence to the requirements of the ordinance, in that the retaining wall will reduce
grading impacts to the adjacent wetlands area.
Conditions:
Note:
1.
2.
3.
4.
...
Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of grading permit, whichever occurs first.
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.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
This approval is granted subject to the certification, adoption and approval of the
Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and
Reporting Program, LFMP 15(C), GPA 01-09, ZC 00-05, CT 00-18, SDP 01-10 and
SUP 00-09 and is subject to all conditions contained in Planning Commission
Resolutions No. 5749,5750, 5751, 5752, 5753, 5754 and 5756 for those other approvals
incorporated herein by reference.
Plantable retaining walls shall be constructed with a natural earth-tone material
and shall be planted with non-invasive, native plant materials.
...
PC RES0 NO. 5755 -3-
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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
“feedexac tions. ”
You have 90 days from date of final approval to protest imposition of these feedexactions. 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
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 or 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 PIanning
Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
/FRANK H. WHITON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
v MICHAEL J. HOLZMII%ER
Planning Director
PC RES0 NO. 5755 -4-