HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52501
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PLANNING COMMISSION RESOLUTION NO. 5250
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 EL CAMINO REAL AND THE CITY’S
EASTERN BOUNDARY IN LOCAL FACILITIES
MANAGEMENT ZONE 16.
CASE NAME: CARLSBAD OAKS NORTH SPECIFIC PLAN
CASE NO.: HDP 97-10
WHEREAS, Techbilt Construction Corp., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Carlsbad Oaks North
Partners, L.P., “Owner,” described as
That portion of Lot “B,, of Rancho Agua Hedionda, in the
County of San Diego, State of California, according to
partition map thereof no. 823, filed in the Office of the County
Recorder of San Diego County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibit(s) “A” - “UU” dated August 21,2002, on file in the
Carlsbad Planning Department, CARLSBAD OAKS NORTH SPECIFIC PLAN - HDP 97-10,
as provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 21st day of August, 2002,
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; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES, CARLSBAD OAKS NORTH SPECIFIC PLAN - HDP 97-10
based on the following findings and subject to the following conditions:
Findings:
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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 conforms to
the north to south descending slope of the land; grading has been minimized with
terraced pad grading design to the extent possible while working with other
constraints to the project design; grading of highly visible slopes is contoured; the
project is designed in an environmentally sensitive manner to preserve wildlife
habitats; and NPDES measures are required to reduce runoff and avoid erosion.
That the proposed development or grading will not occw in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that although 4.7 acres of do%+ slopes will be disturbed by industrial
development, the majority of natural 40%+ slopes proposed for disturbance are
scattered throughout the development site within small drainages that are not
prominent land form features. Additional areas of 40%+ slopes will be disturbed by
the Faraday Avenue and El Fuerte road alignments; however, the Hillside
Regulations Ordinance excludes circulation arterial roadways from compliance with
standards.
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 through a terraced grading design to the greatest
extent feasible; minimize impacts to sensitive biological resources through
preservation of a wildlife habitat corridor as part of the City’s HMP; incorporate
contour grading into manufactured slopes which are located in highly visible public
locations along scenic corridors; control runoff through construction of onsite
detention basins; install landscape screening of graded slopes; and require top of
slope setbacks for future industrial buildings.
That the project design and lot configuration minimizes disturbance of hillside lands, in
that over half of the hillside lands have been left undeveloped, and although the
existing hillside landforms slope in both directions (north to south and east to west)
the development in the remaining area is hillside sensitive with terraced industrial
pads that are accessible from a single looped access road.
PC RES0 NO. 5250 -2-
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That the site has unusual geotechnical or soil conditions that necessitate corrective work
that may require significant amounts of grading, in that the presence of loose porous
soils and expansive soils in the alignments of Faraday Avenue and El Fuerte Street
and development area will require remedial grading.
That the site requires extensive grading to accommodate a circulation-element roadway,
in that the extensions of two circulation element roadways, Faraday Avenue and El
Fuerte Street, are required and included in the development.
That pursuant to Section 21.95.140 of the Carlsbad Municipal Code, nonresidential
projects are not subject to maximum grading volume and slope height standards;
however, as shown on Exhibit “UU” referenced herein and on file in the Planning
Department, the justification to allow grading volumes that exceed the acceptable
range and slope heights that exceed 40 feet for nonresidential development is that
the project requires large, flat industrial pads, and accommodates two circulation
arterial roadways, and results in significantly more open space or undisturbed area than
would a strict adherence to the requirements of the ordinance. Otherwise developable
areas are preserved within an HMP wildlife habitat conservation area that bisects
the property and provides connection to adjacent open space.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of
final map or issuance of grading permit, whichever occurs first.
1. This approval is granted subject to the certification, adoption and approval of the
Environmental Impact Report and Mitigation Monitoring and Reporting Program,
GPA 97-05, ZC 97-05, SP 211, LFMP 89-16(A), CT 97-13, PIP 02-02, and SUP 97-
07, and is subject to all conditions contained in Planning Commission Resolutions
5244,5245,5246,5247,5248,5249, and 5251 and 5252 for those other approvals.
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 feedexactions. 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
PC RES0 NO. 5250 -3-
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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 21st day of August, 2002, by the
following vote, to wit:
AYES: Commissioners Baker, Dominguez, Heineman, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZM~~ER
Planning Director
PC RES0 NO. 5250 -4-