HomeMy WebLinkAbout2007-01-17; Planning Commission; Resolution 62271 PLANNING COMMISSION RESOLUTION NO. 6227
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT FOR THE
4 ROBERTSON RANCH PARK GRADING ON PROPERTY
5 GENERALLY LOCATED NORTH OF EL CAMINO REAL
AND WEST OF CANNON ROAD IN LOCAL FACILITIES
6 MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH PARK GRADING
7 CASE NO: SUP 06-11
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WHEREAS, Gary Robertson and Brian Robertson, as co-successor trustees
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of the Robertson Family 1995 Trust Dated April 19, 1995 as to an undivided one-half
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interest; Gary Robertson and Brian Robertson, co-successor trustees under Declaration of
j2 Trust dated October 8, 1976, as to an undivided 7% interest; and Gary Robertson and
13 Brian Robertson, co-successor trustees of the Elsie M. Kelly Irrevocable Trust dated June
14 19, 1989 as to an undivided 43% interest, "Owner/Developer," has filed a verified application
with the City of Carlsbad regarding property described as
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Parcel 2 in a Certificate of Compliance Recorded on November
17 18, 2001 as File No. 2001-0865065 of Official Records of Said
San Diego County; and
Remainder Parcel per Parcel Map No. 19804 Filed in the
Office of the County Recorder of San Diego County on August
2Q 3,2005
21 ("the Property"); and
22 WHEREAS, said verified application constitutes a request for a Floodplain
23 Special Use Permit as shown on Exhibits "A" - "I" dated January 17, 2007, on file in the
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Planning Department, ROBERTSON RANCH PARK GRADING - SUP 06-11, as provided by
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Chapter 21.110 of the Carlsbad Municipal Code; and26
27 WHEREAS, the Planning Commission did on the 17th day of January, 2007,
28 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
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Floodplain Special Use Permit.
5 NOW, THEREFORE, BE IT HEREBY RESOLVED .by the Planning
6 Commission of the City of Carlsbad as follows:
7 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
9 APPROVES ROBERTSON RANCH PARK GRADING - SUP 06-11, based
on the following findings and subject to the following conditions:
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Findings:
19 1. The site is reasonably safe from flooding in that the 100-year high water surface
elevation will not be located within areas proposed for development.
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2. The project as proposed has been designed to minimize the flood hazard to the habitable
14 portions of the structure in that there are no habitable structures proposed within the
., 100-year flood plain.
16 3. The proposed project does not create a hazard for adjacent or upstream properties or
structures in that the project will not raise the level of the 100-year flood plain and
17 will not adversely affect the existing flood plain limits.
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4. The proposed project does not create any additional hazard or cause adverse impacts to
19 downstream properties or structures in that the project will not raise the level of the
100-year flood plain and a LOMR will be required to be processed through FEMA
20 once the improvements are complete.
21 5. The proposed project does not reduce the ability of the site to pass or handle a base flood
22 of 100- year frequency.
23 6. The proposed project taken together with all the other known, proposed and anticipated
projects will not increase the water surface elevation of the base flood more than one foot
24 at any point.
25 7. All other required state and federal permits have been or will be obtained prior to
26 commencement of construction.
27 8. The Planning Director has determined that:
2° a. the project is a(n) subsequent activity of the Robertson Ranch Master Plan
(MP 02-03) for which a program EIR was prepared, and a notice for the activity
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has been given, which includes statements that this activity is within the scope of
2 the program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [15168(c)(2) and (e)]; and
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b. this project is consistent with the Master Plan cited above; and4
c. the Robertson Ranch Master Plan Program EIR 03-03 was certified in
connection with the prior plan; and
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
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e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
9 under CEQA Guidelines Sections 15162 or 15163 exist; and
10 f. all feasible mitigation measures or project alternatives identified in the Robertson
Ranch Master Plan Program EIR 03-03, which are appropriate to this
Subsequent Project, have been incorporated into this Subsequent Project.
12 9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
13 Code Section 14.28.020 and Landscape Manual Section I B).
14 10. That the City has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project. The applicant shall prepare and submit a trail plan for
approval by the Park and Recreation Director prior to construction. Construction shall be
, , inspected to ensure conformity with the Standards for Design and Construction of Public
Works Improvements in the City of Carlsbad ("Standards"); Trail Construction
17 Standards; and the approved plans.
18 11. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
~~ provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad's Growth
21 Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City's General Plan which provides for
22 the realization of the social, economic, aesthetic, and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
24 turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City's
25 Habitat Management Plan.
26 12. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
28 degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 grading permit.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
^ implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
6 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
7 issued under the authority of approvals herein granted; record a notice of violation on the
„ property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
9 or a successor in interest by the City's approval of this Floodplain Special Use Permit
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Floodplain Special Use Permit documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
12 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
*4 regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
16 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
17 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
19 5. Developer shall implement, or cause the implementation of, the Robertson Ranch
20 Master Plan Program EIR 03-03 Project Mitigation Monitoring and Reporting
Program.21
~~ 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
23 representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
24 or indirectly, from (a) City's approval and issuance of this Floodplain Special Use
Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
26 (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
27 facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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7. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of
2 the Site Plan reflecting the conditions approved by the final decision-making body.
3 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
5 9. This project shall comply with all conditions and mitigation measures which are required
6 as part of the Zone 14 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
„ 10. This approval is granted subject to the approval of HDP 06-03 and is subject to all
conditions contained in Planning Commission Resolution No. 6228 for those other
9 approvals incorporated herein by reference.
10 11. This approval shall become null and void if grading permits are not issued for this
project within 18 months from the date of project approval.
12 12. Prior to the issuance of a grading permit, a detailed soils testing and analysis report
shall be prepared by a registered soils engineer and submitted to the City, Regional
13 Water Quality Control Board (RWQCB), and San Diego County Department of
Environmental Health Site Assessment (DEH) Voluntary Assistance Program. The
14 report shall evaluate the potential for soil contamination due to historic use,
, - handling or storage of restricted agricultural chemicals. The report shall identify a
range of possible mitigation measures to remediate any significant public health
16 impacts if hazardous chemicals are detected at concentrations which would have a
significantly adverse effect on human health. The developer shall implement the
17 recommendations included in the report or as recommended by the RWQCB and/or
DEH Voluntary Assistance Program.18
jo 13. As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
20 of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant
21 shall grant a conservation easement for the conservation, protection, and management of
22 fish, wildlife, native plants, and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City's adopted Habitat
23 Management Plan.
24 14. Prior to issuance of a grading permit, the Developer shall take the following actions to
the satisfaction of the Planning Director in relation to Planning Area 23C which is being
conserved for natural habitat in conformance with the City's Habitat Management Plan:
26 a. Select a conservation entity, subject to approval by the City, that possesses
27 qualifications to manage the open space lot(s) for conservation purposes.
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b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City
2 for estimating the costs of management and monitoring of the open space lot(s) in
perpetuity.
c. Based on the results of the PAR, provide a non-wasting endowment or other
4 financial mechanism acceptable to the Planning Director and conservation entity,
if any, in an amount sufficient for management and monitoring of the open space
5 lot(s) in perpetuity. The Conservation Easement shall provide that the
non-wasting endowment shall transfer to the City if the City accepts the
" Irrevocable Offer to Dedicate fee title to the open space lot(s).
7 d. Record a Conservation Easement over the open space lot(s) which includes an
Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City.
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e. Prepare an Interim Management Plan which will ensure adequate management of
9 the open space lot(s) until such time as a permanent preserve management plan is
prepared and approved by the City.
15. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
j2 to wildlife, as documented in the City's Habitat Management Plan and the environmental
analysis for this project. Developer is aware that the City has adopted an In-lieu
13 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
*^ vegetation and animal species. The Developer is further aware that the City has
,,- determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the
16 General Plan. The fee shall be paid prior to recordation of a final map, or issuance of a
grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee
17 for this project is not paid, this project will not be consistent with the Habitat
Management Plan and the General Plan and any and all approvals for this project shall
become null and void.
19 16. Developer shall be responsible for implementation of the Robertson Ranch
20 Extensive Upland Habitat Revegetation (Coastal Sage Scrub - "Area B") and
Modest Habitat Re-introduction - Upland Natives ("Area C") Program. Final plans
21 shall be submitted to USFWS and CDFG for approval at least 30-days prior to
initiating any project impacts (East or West Village) to CSS habitats.
~~ 17. Developer shall be responsible for implementation of the Robertson Ranch West
Village Wetland Habitat Creation Program. Final plans shall be submitted to the
24 ACOE, USFWS and CDFG for approval at least 30-days prior to initiating any
project impacts.
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18. Developer shall submit and obtain Planning Director approval of a Final Landscape and
26 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
77 the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
28 condition, free from weeds, trash, and debris.
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19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
2 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
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20. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice
4 of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
5 Carlsbad has issued a Floodplain Special Use Permit and Hillside Development
Permit by Resolutions No. 6227 and 6228 on the property. Said Notice of Restriction
7 shall note the property description, location of the file containing complete project details
and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The Planning Director has the authority to execute
9 and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
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21. Developer shall dedicate an open space easement per separate instrument for
Robertson Ranch Planning Area 23C which are in slopes, wetlands, coastal sage scrub,
\2 or other constrained land plus all other lands set aside as part of the Citywide Open Space
System to prohibit any encroachment or development, including but not limited to fences,
13 walls, decks, storage buildings, pools, spas, stairways, and landscaping. The easement
grant deed shall include provisions to allow for future grading for the development
of the West Village of Robertson Ranch within the western boundary of the open
1 5 space to the limit of disturbance line as shown in the approved Hardline exhibit for
the Robertson Ranch Master Plan.
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22. Removal of native vegetation and development within the Planning Area 23C Open
17 Space, including but not limited to fences, walls, decks, storage buildings, pools, spas,
stairways, and landscaping, other than that approved as part of the grading plan,
biological revegetation program, and landscape plans as shown on Exhibits "A" -
19 "I", is specifically prohibited, except upon written order of the Carlsbad Fire Department
for fire prevention purposes, or upon written approval of the Planning Director, based
20 upon a request from the Conservation Entity accompanied by a report from a qualified
arborist/botanist indicating the need to remove specified trees and/or plants because of
21 disease or impending danger to adjacent habitable dwelling units. For areas containing
22 native vegetation, the report required to accompany the request shall be prepared by a
qualified biologist.
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23. Prior to approval of the grading permit, the Developer shall provide an irrevocable offer
24 of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the site plan
within the Planning Area 23C Open Space. If the City of Carlsbad accepts dedication of
the trail easement, the trail shall be constructed as a public trail and will be the
26 maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad
does not accept dedication of the trail easement, the trail shall still be constructed, but it
27 shall be constructed as a private trail and shall be the maintenance and liability
responsibility of the Property Owner or Master Homeowners Association.28
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24. Prior to the approval of a grading permit the Developer shall pay to the City a Trail Plan
2 Check fee and inspection fee in accordance with the current city fee schedule.
3 Engineering:
25. Developers shall cause Property Owner to pay their fair-share reimbursement for
the construction of Cannon Road and College Boulevard pursuant to City Council
Resolution 2004-293.
26 Based upon a review of the proposed grading and the grading quantities shown on the
Site Plan, a grading permit for this" project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
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9 27 Developer shall construct a minimum 8-ft wide trail, as shown on the Site Plan, in
accordance with Robertson Ranch Master Plan and City Trail Standards all to the
10 satisfaction of the City Trails Manager, Planning Director and the City Engineer.
The construction of the trail shall be reflected on the Grading Plans.
12 28 Developer shall install a minimum 12-wide all-weather access, as shown on the Site
Plan, off Cannon Road allowing maintenance access to the discharge headwall of the
13 84"RCP.
29 The boundary of the future park site (PA 12) shall be created by either deed or
, . mapping instrument in accordance with the terms set forth by the Robertson Ranch
Park Agreement.
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30. Developer shall cause Property Owner to execute an Irrevocable Offer to Dedicate
(IOD) an easement for public trail purposes as shown on the Site Plan all to the
satisfaction of the City Engineer.18
19 31. Developer shall complete all permanent landscaping and irrigation along the new
slope adjacent to Cannon Road in accordance with city-approved drawing 433-6M
20 all to the satisfaction of the Planning Director and City Engineer.
91 32. Prior to issuance of grading permits, Developer shall submit the necessary technical
22 studies and documentation to the City Engineer to process the necessary
applications with FEMA (CLOMR) to adjust regulatory flood plain limits that
23 currently encumber the property as shown on the Site Plan.
24 33. Developer shall perform grading of the future park site in accordance with the
approved Robertson Ranch Park Agreement.
26 34. Prior to release of grading security, Developer shall process and receive approval of
the necessary application(s) with FEMA (LOMR) to complete the adjustment of
27 regulatory floodplain limits as shown on the Site Plan.
35. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
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(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
2 established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
3 to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:4
r a. include all content as established by the California Regional Water Quality
Control Board requirements;
6 b. include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board;
7 c. recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
9 to City right-of-way or natural drainage course; and
d. establish specific procedures for handling spills and routine clean up. Special
10 considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
36. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
13 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
14 the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
c. recommend source controls and treatment controls that will be implemented with
19 this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
22 e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
f. Provide hydraulic/hydrologic calculations to verify that numeric sizing criteria is
23 met for filtration/treatment of the site.
. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
25 practicable.
26 Code Reminders
27 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:2o
37. Developer shall exercise special care during the construction phase of this project to
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prevent offsite siltation. Planting and erosion control shall be provided in accordance
2 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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38. Developer shall pay a landscape plancheck and inspection fee as required by Section
4 20.08.050 of the Carlsbad Municipal Code.
39. Approval of this request shall not excuse compliance with all applicable sections of the
6 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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g NOTICE
9 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
10 "fees/exactions."
11 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
12 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.
15
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
16 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
10 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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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 17th day of January, 2007 by the
following vote, to wit:
AYES:Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas,
Montgomery, Segall, and Whitton
NOES:
ABSENT:
ABSTAIN:
CA
ATTEST:
, Chairperson
D PLANNING COMMISSION
DON NEU
Assistant Planning Director
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