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HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57601 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 PLANNING COMMISSION RESOLUTION NO. 5760 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP COLLEGE BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS 00-12 ON PROPERTY GENERALLY LOCATED EAST OF CASE NO.: HDP 00-12 WHEREAS, David M. Bentley, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Holly Springs, Ltd. “Owner,” described as Those portions of Lots “D” and “E” 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, November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A” - “0” dated October 20, 2004, on file in the Carlsbad Planning Department, HOLLY SPRINGS - HDP 00-12, 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 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. 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 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HOLLY SPRINGS - HDP 00-12 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 8. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. 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; 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. 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%. 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 7,340 cyhcre; no slopes over 40 feet are being created as a result of the grading scheme; 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. 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. 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. That the proposed modification allowing two retaining walls, with heights up to 12.7 and 21.9 feet, located on the south side of “P” Street in the vicinity of Lots 17 and 26 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 walls will reduce grading impacts to the adjacent wetlands and native grassland areas. ... PC RES0 NO. 5760 -2- 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 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 00-06, ZC 00-09, and CT 00-21, and is subject to all conditions contained in Planning Commission Resolutions No. 5749,5750, 5757,5758 and 5759 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. 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 feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RES0 NO. 5760 -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 the 20th day of October 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: PRANK H. WHITON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . l.)UA.&&- MICHAEL J. HOBMILYER Planning Director PC RES0 NO. 5760 -4-