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HomeMy WebLinkAbout2001-10-17; Planning Commission; Resolution 50291 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 i PLANNING COMMISSION RESOLUTION NO. 5029 A RESOLUTION OF THE PLAN-NING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN MELROSE DlUVE AND BUSINESS PARK DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: CARLSBAD RACEWAY BUSINESS PARK CASE NO.: HDP 98-09 I WHEREAS, Raceway Partners, LLC., “Developer”/“Owner,” a verified application with the City of Carlsbad regarding property described as Parcel 1: The southeast quarter of the northwest quarter of Section 18, Township 12 South, Range 3 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof, excepting therefrom one-half of all minerals in, on or under said land as reserved by Burton D. Hightower, a widower, in deed recorded May 19,1959, in Book 7669, Page 361 of official records. Parcel 2: The southwest quarter of the northwest quarter (Lot 2) of Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof, excepting therefrom one-half of all minerals in, on or under said land as reserved by Burton D Hightower, a widower, in deed recorded May 19, 1959 in Book 7669, Page 361, of official records. Parcel 3A: Lot 2, Section 13, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. Parcel 3B: An easement for public road and utility purposes over, under, along and across the following described real property , in the City of Carlsbad, County of San Diego, State of California, particularly described as follows: Those portions of Lot 3 in Section 13, Township 12 South, Range 4 West and of Lot 3 in Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the County of San Diego, State of California, lying within a strip of land 60 feet wide, 30 feet wide on each side of the center line. Parcel 4: The southwest quarter of the northeast quarter of Section 18, Township 12 South, Range 3 West, San Bernardino Base an Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof, excepting therefrom one-half of all mineral in, on or under said land as reserved by Burton D Hightower, a widower, in deed recorded May 19,1959, in Book 7669, Page 361 of offhzial records. 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 (“the Property”); and WHEREAS, said verified application constitutes a request for a hillside Development Permit as shown on Exhibit(s) “A” - “CC” dated August 15, 2001, on file in the Planning Department CARLSBAD RACEWAY BUSINESS PARK - HDP 98-09, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of August, 2001, on the 3rd day of October 2001, and on the 17th day of October 2001 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CARLSBAD RACEWAY BUSINESS PARK - HDP 98-09, based on the following findings and subject to the following conditions: FindinPs: 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 21.95, in that the proposed development is consistent with the south to north descending slope of the land, is designed in an environmentally sensitive manner to preserve wildlife habitats, and incorporates NPDES measures to 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 of the Carlsbad Municipal Code, in that although 9.3 acres of slopes greater than 40% exist on the property, 4.8 acres PC RESO NO. 5029 -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 are previously graded and the remaining slopes with an elevation differential of fifteen feet or more comprise less than ten thousand square feet and do not comprise a prominent landform feature. 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project has been designed to relate to the slope of the land, to minimize impacts to sensitive biological resources, and to incorporate contour grading into manufactured slopes which are located in highly visible public locations along scenic corridors and circulation arterial roadways. 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that although grading volumes above the acceptable range (12,530 cubic yards) are required, the site requires extensive grading to create large, flat industrial lots that are accessible from each side of a single access road and to accommodate a circulation- element roadway and habitat corridor along the northern boundary. 7. That the proposed modification to allow grading volumes that exceed the acceptable range and slope heights that exceed 40 feet will accommodate; a circulation arterial roadway and result in significantly more open space or undisturbed area than would a strict adherence to the requirements of the ordinance, in that otherwise developable areas are preserved within an HMP wildlife habitat corridor that bisects the property and provides connection to adjacent open space. 1 Conditions: 1. Approval of HDP 98-09 is granted subject to the approval of the Mitigated Negative Declaration, Mitigated Monitoring and Reporting Program and Addendum, GPA 98-05, LFMP 87-18(B), ZC 01-07, CT 98-10 and PIP 00-01. HDP 98-09 is subject to all conditions contained in Planning Commission Resolutions No. 5024, 5025, 5026, 5027,5028, and 5030, 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 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 PC RESO NO. 5029 -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 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 17th day of October 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: G COMMISSION ATTEST: Planning Director PC RESO NO. 5029 -4-