HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59381
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PLANNING COMMISSION RESOLUTION NO. 5938
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT EXTENSION AND
AMENDMENT ON PROPERTY GENERALLY LOCATED
EAST OF SALK AVENUE AND WEST OF EL CAMINO REAL
IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: FOX MILLER PROPERTY
CASE NO: HDP 00- 1 1 x2(A)
WHEREAS, Fenton Carlsbad Research Center, LLC, a California Limited
Liability Company, “Developer/Owner,” has filed a verified application with the City of
Carlsbad regarding property described as
That portion of Lot “F” of Rancho Agua Hedionda, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of San Diego
County, November 16, 1896, described in a grant deed
recorded August 13,1992, as Document Number 1992-0512626
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit extension and amendment as shown on Exhibits “A” - “L” dated August
3,2005, on file in the Carlsbad Planning Department, FOX MILLER PROPERTY - HDP 00-
llx2(A), as provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of August 2005,
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 extension and amendment; and
WHEREAS, on September 4, 2002 the Planning Commission previously
approved HDP 00-1 1 as described and conditioned in Planning Commission Resolution No.
5242; and
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WHEREAS, on November 4. 2004 the Planning Commission previously
approved HDP 00-1 1x1 as described and conditioned in Planning Commission Resolution No.
5774.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES FOX MILLER PROPERTY - HDP OO-llx2(A) based on the
following findings and subject to the following conditions:
FindinPs :
1.
2.
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5.
6.
All the findings contained in Planning Commission Resolution No. 5774 dated
November 4, 2004 for HDP 00-11x1 are incorporated herein by reference and
remain in effect.
That a one-year extension is appropriate because of new information regarding
sensitive habitats and would allow the owner/applicant to preserve existing property
entitlements while diligently processing permits with the City of Carlsbad and the
California Department of Fish and Game.
That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the project preserves the aesthetic
qualities of natural hillsides along El Camino Real and Letterbox Canyon. The
proposed retaining wall structure along El Camino Real will reflect the color and
geologic strata of the existing road cut and the wall will be contoured and
landscaped. Significant natural resources such as thread-leaved brodiaea are being
preserved on site as a result of building a retaining wall versus a manufactured
slope.
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 the project proposes to avoid the sensitive brodiaea habitat by constructing a
retaining wall structure.
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the retaining wall design will be
enhanced to be aesthetically pleasing and replicate the existing road cut condition
along El Camino Real.
That the project design and lot configuration minimizes disturbance of hillside lands, in
that the significant slope and sensitive brodiaea habitat area are being preserved in
open space.
PC RES0 NO. 5938 -2-
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7. That the site requires extensive grading to accommodate a circulation-element roadway,
in that and retaining wall structure and associated grading are required for the
widening of El Camino Real and sight distance requirements. The extension of Salk
Avenue through to El Camino Real is needed for traffic circulation and that the
intersection spacing for Salk Avenue and El Camino Real is for traffic safety.
8. That the proposed modification 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 wall structure will preserve an additional .52 acres of brodiaea
occupied habitat.
Conditions:
1. This approval is granted subject to the approval of Mitigated Negative declaration and
Mitigation Monitoring and reporting program, CT 00-20x2(A), SUP OO-lOx2(A) and
HMPP 05-05 and is subject to all conditions contained in Planning Commission
Resolutions No. 5935,5936,5937 and 5939 for those other approvals.
2. All the conditions contained in Planning Commission Resolution No. 5774 dated
November 4, 2004 for HDP 00-11x1 are incorporated herein by reference and
remain in effect.
3. This Hillside Development Permit is granted for a period of one (1) year from
September 5,2005 through September 4,2006.
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. 5938 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of August 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5938 -4-