HomeMy WebLinkAbout2007-01-17; Planning Commission; Resolution 62281 PLANNING COMMISSION RESOLUTION NO. 6228
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT FOR THE ROBERTSON
4 RANCH PARK GRADING ON PROPERTY GENERALLY
, LOCATED NORTH OF EL CAMINO REAL AND WEST OF
CANNON ROAD IN LOCAL FACILITIES MANAGEMENT
6 ZONE 14.
CASE NAME: ROBERTSON RANCH PARK GRADING
7 CASE NO: HDP 06-03 __
o WHEREAS, Gary Robertson and Brian Robertson, as co-successor trustees
9 of the Robertson Family 1995 Trust Dated April 19, 1995 as to an undivided one-half
10
interest; Gary Robertson and Brian Robertson, co-successor trustees under Declaration of
11
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
1 -* with the City of Carlsbad regarding property described as
16
, „ Parcel 2 in a Certificate of Compliance Recorded on November
18, 2001 as File No. 2001-0865065 of Official Records of Said
18 San Diego County; and
19 Remainder Parcel per Parcel Map No. 19804 Filed in the
Office of the County Recorder of San Diego County on August
20 3,2005.
21 ("the Property"); and
22 WHEREAS, said verified application constitutes a request for a Hillside
23
Development Permit as shown on Exhibits "A" - "I" dated January 17, 2007, on file in the
24
Carlsbad Planning Department, ROBERTSON RANCH PARK GRADING - HDP 06-03, as
26 provided by Chapter 21.95 of the Carlsbad Municipal Code; and
27 WHEREAS, the Planning Commission did on the 17th day of January, 2007,
28 consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and
2 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
3
relating to the Hillside Development Permit.
4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission as follows:
7 A) That the foregoing recitations are true and correct.
o
B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES ROBERTSON RANCH PARK GRADING - HDP 06-03 based
on the following findings and subject to the following conditions:
10
Findings:
11
1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
13 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly
14 identified on the constraints map.
15 3. That the development proposal is consistent with the intent, purpose, and requirements of
1fi the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly
identified and are incorporated in the design; the project is designed to relate to the
17 slope of the land; highly visible slopes will be contour graded; the alteration of the
natural hillsides will be done in an environmentally sensitive manner to preserve
18 wildlife habitats; and the project will implement NPDES measures to reduce runoff
and avoid erosion.
2Q 4. 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,
21 in that no grading will occur in areas with slopes over 40%, with the exception of
areas that are exempt from the hillside regulations because they were previously
22 graded and are not considered natural slopes, or because the slopes have less than
15 feet in elevation difference and an area of less than 10,000 square feet.
&*J
24 5. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that no slopes over 40 feet are being
25 created as a result of the grading scheme; all manufactured slopes will be
revegetated in accordance with the Robertson Ranch Program EIR Mitigation
26 Measures and City's Landscape Guidelines Manual; and an exclusion can be
27 allowed for grading in the "Unacceptable" range of 11,175 cu. yds/acre due to
geotechnical remediation work, grading limitations due to the development of the
28 park site with ballfields, and pad elevation constraints due to the location of the
surrounding Circulation Element roadways (Cannon Road) and streets.
PC RESO NO. 6228 -2-
6. That the project design and lot configuration minimizes disturbance of hillside lands, in
2 that the significant slope and sensitive habitat areas are being preserved in open
space.
3
7. That the site has unusual geotechnical or soil conditions that necessitate corrective work
that may require significant amounts of grading, in that the park grading requires
- geotechnical compaction and remediation work on some alluvial soils with a high
water table. The Carlsbad Municipal Code Section 21.95.130 allows exclusions for
6 areas that have unusual geotechnical or soil conditions that necessitate corrective
work that may require significant amounts of grading.
7
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 proposed grading requires development of large, flat pads for the ballfields
within the park site which results in increased grading volumes and the slopes
10 surrounding the park site are designed to minimize encroachment into the
surrounding open space.
9. 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
degree of the exaction is in rough proportionality to the impact caused by the project.
14
Conditions:
15
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
17 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
18 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
19 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
issued under the authority of approvals herein granted; record a notice of violation on the
21 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
22 or a successor in interest by the City's approval of this Hillside Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
25 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
26
3. This approval is granted subject to the approval of SUP 06-11 and is subject to all
conditions contained in Planning Commission Resolution No. 6227 for those other
approvals incorporated herein by reference.
PC RESO NO. 6228 -3-
NOTICE
2
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."
5 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
6 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.
12
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
13
Commission of the City of Carlsbad, California, held on the 17th day of January, 2007, by the
following vote, to wit:
16 AYES: Chairperson Baker, Commissioners Cardosa, Dominguez,
Douglas, Montgomery, Segall, and Whitton
17
18
19 ABSENT:
20 ABSTAIN:
21
22
23
, Chairperson
24 C\ARLSB\\D PLANNING COMMISSION
25
26 ATTEST:
27
28 DON NEU
Assistant Planning Director
PC RESO NO. 6228 -4-