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HomeMy WebLinkAbout2009-06-03; Planning Commission; Resolution 65621 PLANNING COMMISSION RESOLUTION NO. 6562 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY 4 GENERALLY LOCATED ON EL CAMINO REAL BETWEEN 5 TAMARACK AVENUE AND CHESTNUT AVENUE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM 6 AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1 AND 2. V CASE NAME: EL CAMINO REAL ROAD WIDENING CASE NO: HDP 07-02o 9 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by City of Carlsbad and various owners, "Owners," described as 12 Public rights-of-way on a portion of Chestnut Avenue, on El 13 Camino Real between Tamarack Avenue to Chestnut Avenue, and properties identified by Assessor's Parcel Numbers 167- 14 230-24, 167-230-25, 167-154-15, 167-154-16, 167-080-33, 167- 080-42, and 167-080-41 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Hillside 18 Development Permit as shown on Exhibits "A" - "ZZ" dated June 3, 2009, on file in the 19 Carlsbad Planning Department, EL CAMINO REAL ROAD WIDENING - HDP 07-02, as 20 provided by Chapter 21.95 of the Carlsbad Municipal Code; and 21 ~~ WHEREAS, the Planning Commission did on June 3, 2009, consider said 23 request; and 24 WHEREAS, at said hearing, upon hearing and considering all testimony and 25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Hillside Development Permit; and 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission APPROVES. EL CAMINO REAL ROAD WIDENING - HDP 07-02, based 3 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 6 existing and proposed conditions and slope percentages; 7 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly identified on the constraints map; o 9 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the project preserves the aesthetic 10 qualities of natural hillsides along El Camino Real. The grading on the east side of El Camino Real will be graded with a 1.5:1 slope, and will be hydro-seeded to give the slope a more aesthetically pleasing and naturally appearing look. The grading j2 on the west side of El Camino Real, where two retaining walls are proposed, would be constructed with a naturalized boulderscape architectural treatment that would 13 look similar to existing conditions, and over time, the proposed drought resistant landscaping would mature and further soften the visual appearance of the retaining 14 walls. In addition, a native hydro-seed mixture will be sprayed on the disturbed slopes behind the retaining walls to give the area a more natural appearance. 16 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 of the Carlsbad Municipal Code, in 17 that grading of natural slopes with an inclination of greater than 40 percent for the project is done pursuant to the exclusion allowed per Section 21.95.130(A)(1). An exclusion is allowed for grading of circulation element roadways with an 19 environmentally preferred alignment. A portion of the east side of El Camino Real, approximately 300 linear feet south of Chestnut Avenue, will be graded with a 1.5:1 20 slope to eliminate the need for a tall retaining wall. 21 5. That the project design substantially conforms to the intent of the concepts illustrated in 22 the Hillside Development Guidelines Manual, in that the proposed slopes on the east side of El Camino Real, would be contour graded to blend with the natural slopes. 23 The retaining walls on the west side of El Camino Real would be constructed with a naturalized boulderscape architectural treatment that would look similar to existing 24 conditions. 25 6. That the site requires extensive grading to accommodate a circulation-element roadway, 25 in that the retaining walls and associated grading are required for the widening of El Camino Real, which is a prime arterial in the City's Circulation Element. This 27 section of roadway, between Chestnut Avenue and Tamarack Avenue, is currently a four-lane roadway and the proposal is to widen it to 6 travel lanes with 3 ° northbound and 3 southbound lanes. PC RESO NO. 6562 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to start of 3 construction. ^ 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 6 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 7 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 9 or a successor in interest by the City's approval of this Hillside Development Permit. 10 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 them internally consistent and in conformity with the final action on the project. j2 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 15 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 17 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 19 5. Developer shall submit to the Planning Director a reproducible 24" x 36", mylar copy of 20 the Site Plan reflecting the conditions approved by the final decision-making body. 21 6. Developer shall include, as part of the plans submitted for any permit plancheck, a ~~ reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 23 7. This approval is granted subject to the approval of the Mitigated Negative Declaration 24 and Mitigation Monitoring and Reporting Program, and approval of CDP 07-22, HDP 07-02, and HMP 07-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6560, 6561, 6563, and 6564 for those other approvals 25 incorporated herein by reference. 27 8. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. PC RESO NO. 6562 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 3, 2009, by the following vote, to wit: AYES: NOES: Commissioners Boddy, Dominguez, Douglas, L'Heureux, and Chairperson Montgomery ABSENT: Commissioner Baker ABSTAIN: }. MONTGOMERY, CARLSBAD PLANNINCCOMMI ATTEST: DON NEU Planning Director PC RESO NO. 6562 -4-