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Home My WebLink About2007-01-17; Planning Commission; Resolution 62301 PLANNING COMMISSION RESOLUTION NO. 6230 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT FOR THE ROBERTSON 4 RANCH HABITAT CORRIDOR GRADING ON PROPERTY , GENERALLY LOCATED NORTH OF EL CAMINO REAL AND WEST OF CANNON ROAD IN LOCAL FACILITIES 6 MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH HABITAT 7 CORRIDOR GRADING CASE NO: HDP 06-048 WHEREAS, Gary Robertson and Brian Robertson, as co-successor trustees 10 of the Robertson Family 1995 Trust Dated April 19, 1995 as to an undivided one-half interest; Gary Robertson and Brian Robertson, co-successor trustees under Declaration of 12 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 17 Parcel 2 in a Certificate of Compliance Recorded on November 18, 2001 as File No. 2001-0865065 of Official 18 Records of Said San Diego County 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Hillside 21 Development Permit as shown on Exhibits "A" - "I" dated January 17, 2007, on file in the 22 Carlsbad Planning Department, ROBERTSON RANCH HABITAT CORRIDOR GRADING 24 - HDP 06-04, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and 25 WHEREAS, the Planning Commission did on the 17th day of January, 2007, consider said request; and 27 WHEREAS, at said hearing, upon hearing and considering all testimony and 28 arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct.4 c B) That based on the evidence presented at the public hearing, the Commission APPROVES ROBERTSON RANCH HABITAT CORRIDOR GRADING - 6 HDP 06-04 based on the following findings and subject to the following conditions: 7 Findings:8 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 10 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly identified on the constraints map. 12 3. That the development proposal is consistent with the intent, purpose, and requirements of 13 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 14 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 wildlife habitats; and the project will implement NPDES measures to reduce runoff and avoid erosion. 17 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, IB 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 graded and are not considered natural slopes, because grading is required for a 2Q Circulation Element roadway, or because the slopes have less than 15 feet in elevation difference and an area of less than 10,000 square feet. 21 5. That the project design substantially conforms to the intent of the concepts illustrated in 22 the Hillside Development Guidelines Manual, in that no slopes over 40 feet are being created as a result of the grading scheme; all manufactured slopes will be revegetated in accordance with the Robertson Ranch Program EIR Mitigation 24 Measures and City's Landscape Guidelines Manual; and justification can be made to allow grading volumes in the "Potentially Acceptable" range of 9,293 cy./acre 25 because grading of the habitat corridor is intended specifically to accommodate habitat restoration and improved wildlife movement which will result in higher quality open space over that which would exist with strict adherence to the 27 requirements of Section 21.95.120. 28 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that the significant slope and sensitive habitat areas are being preserved in open space. PC RESO NO. 6230 -2- 7. That the site requires extensive grading to accommodate a circulation-element roadway, 2 in that a portion of the grading is needed in order to provide a third northbound thru-lane on El Camino Real, which is a Circulation Element road. 3 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 proposed grading modifies an existing natural steep (approx. 2:1 gradient) slope to a more gradual 5:1 gradient. This grading is required in the "Concurrence 6 Letter" (Concurrence on Hardline Design for Robertson Ranch dated Feb. 11, 2005) from USFWS and CDFG which requires that "...the existing slope will be graded to a 7 less steep (5:1) condition to better accommodate wildlife movement". Thus, this project involves grading which is intended specifically to accommodate habitat restoration and improved wildlife movement and which will result in higher quality open space. 10 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 11 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. IT Conditions: 14 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 15 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 17 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 18 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 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 or a successor in interest by the City's approval of this Hillside Development Permit. 21 Staff is authorized and directed to make, or require the Developer to make, all corrections 22 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. Development shall occur substantially as shown on the approved Exhibits. Any proposed 24 development, different from this approval, shall require an amendment to this approval. 25 3. This approval is granted subject to the approval of SUP 06-12 and is subject to all conditions contained in Planning Commission Resolutions No. 6229 for those other 26 approvals incorporated herein by reference. 27 28 PC RESO NO. 6230 -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 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 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. 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: NOES: ABSENT: ABSTAIN: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas, Montgomery, Segall, and Whitton ,KER, Chairperson D PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RESO NO. 6230 -4-