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HomeMy WebLinkAbout2001-10-17; Planning Commission; Resolution 5035PLANNING COMMISSION RESOLUTION NO. 5035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN MELROSE DRIVE AND BUSINESS PARR DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: PALOMAR FORUM CASE NO.: HDP 99-03 7 WHEREAS, Davis Partners, LLC, “Developer”, has filed a verified application 8 with the City of Carlsbad regarding property owned by Palomar Forum Associates, LP, 9 10 11 12 13 “Owner”, described as Portions of Sections 13 and 18, Township 12 South, Range 4 West, San Bernardino Meridian, and all that portion 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 plat thereof. 14 15 16 17 (“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 18 Planning Department, PALOMAR FORUM - HDP 99-03, as provided by Chapter 21.95 of 19 20 21 22 23 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 24 25 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 26 27 28 relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES PALOMAR FORUM - HDP 99-03, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 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 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. 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 2.1 acres of slopes greater than 40% exist on the property, 1.8 acres 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. 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. That the project design and lot configuration minimizes disturbance of hillside lands, in that although grading volumes above the acceptable range (10,520 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 accommodate a circulation- element roadway. That the proposed modification to allow grading volumes that exceed the acceptable range 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. PC RESO NO. 5035 -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: 1. Approval of HDP 98-09 is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Addendum GPA 01-07, ZC 01-06, CT 99-06 and PIP 00-03. HDP 99-03 is subject to all conditions contained in Planning Commission Resolutions No. 5031, 5032, 5033, 5034, and 5036. 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 a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . PC RESO NO. 5035 -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 17th day of October, 2001, by the following vote, to wit: AYES: NOES: ABSENT: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Trigas ABSTAIN: ATTEST: Planning Director PC RESO NO. 5035 -4-