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-