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Home My WebLink About2007-05-02; Planning Commission; Resolution 62921 PLANNING COMMISSION RESOLUTION NO. 6292 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT 4 HDP 03-05 FOR THE SUBDIVISION, GRADING, AND <. DEVELOPMENT OF A 15.02 ACRE SITE INTO NINE RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS, 6 INCLUDING CONSTRUCTION OF NINE SINGLE-FAMILY RESIDENCES AND TWO SECOND DWELLING UNITS ON 7 PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE 8 TERMINUS OF AURA CIRCLE WTTHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: AURA CIRCLE CASE NO: HDP 03-05 11 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "I" of 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, November 16, 1896, further described in Attachment "A" 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Hillside 20 Development Permit as shown on Exhibits "A" - "AA" dated May 2, 2007, on file in the 21 Carlsbad Planning Department, AURA CIRCLE - HDP 03-05, as provided by Chapter 21.95 of 22 the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did on the 2nd day of May 2007, consider 24 said request. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of AURA CIRCLE - HDP 03-05 based on the following findings and subject to the following conditions: •3 Findings; 4 , 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 6 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly 7 identified on the constraints map. o 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly identified and are incorporated in the design; the project is designed to relate to the 10 slope of the land; the alteration of the natural hillsides will be done in an environmentally sensitive manner; and the project will implement NPDES measures to reduce runoff and avoid erosion. 12 4. That the proposed development or grading will occur in some of the undevelopable 13 , portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that in accordance with the Habitat Management Plan (HMP) Hardline for 14 Aura Circle, the developable area is located on the southern portion of the site which consists primarily of slopes with an inclination of 25% or greater. 5. That the proposed project grading volumes in the "Unacceptable Range" of 14,037 cubic yards/acre may be allowed since the proposed grading qualifies as an 17 exclusion or modification pursuant to CMC Section 21.95.140. The encroachments to slopes of over 25% grade and over may be permitted in order to preserve natural IB habitats required by the City's Habitat Management Plan, in accordance with CMC Chapter 21.203 because the required amount of preservation can not be achieved by 19 the strict adherence to the requirements of CMC Sections 21.95.120(A) and (B). 20 The proposed grading scheme impacts areas with 25% slopes or greater so that the development can be clustered on the southern portion of the property while 21 preserving the natural habitat areas that consist of larger stands of Diegan Coastal Sage Scrub that occur within the less steep areas on the northern portion of the site. 22 6. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the manufactured slopes 24 exceeding 30 feet in height are separated at 30 foot intervals with a bench and concrete-lined brow ditch and all manufactured slopes will be revegetated in 25 accordance with the City's Landscape Guidelines Manual. 7. That the project design and lot configuration minimizes disturbance of hillside lands, in 27 that development is clustered on the southern portion of the site in accordance with the HMP Hardline for Aura Circle. 28 8. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading, in that the grading requires PCRESONO.6292 -2- ' geotechnical compaction and remediation work on colluvium/alluvium soils and 2 areas of undocumented fill and for buttressing portions of the site to ensure that the site and surrounding properties will not be affected by landslides. The Carlsbad 3 Municipal Code Section 21.95.130 allows exclusions for areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading. 9. The proposed modification will result in significantly more open space or undisturbed 6 area than would a strict adherence to the requirements of Section 21.95.120 in that the significant slope and sensitive habitat areas are being preserved in open space in 7 accordance with the HMP hardline for Aura Circle and the environmental benefit of consolidating the open space preserve area justifies the project approval via the standards modification provisions of the code. 9 10. The Planning Commission has reviewed each of the exactions imposed on the Developer 10 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. 12 Conditions; 13 ,Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 14 recordation or issuance of a grading permit, whichever occurs first. 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 17 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 18 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 2Q or a successor in interest by the City's approval of this Hillside Development Permit. 21 2. 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 22 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. 24 3. This approval is granted subject to adoption and approval of the Mitigated Negative 25 Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, ZC 05-03, LCPA 05-03, HMP 06-12, CT 03-10, SDP 05-05, and CDP 03-32 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 27 6287,6288, 6289,6290,6291 and 6293 for those other approvals incorporated herein by reference. 28 PC RESO NO. 6292 -3- 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 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 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 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 Planning Commission of the City of Carlsbad, California, Jield on the 2nd day of May 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall ABSENT: Commissioner Whitton ABSTAIN: JULIE CARL ATTEST: , Chairperson LANNING COMMISSION DONNEU Planning Director PCRESONO. 6292 -4-