HomeMy WebLinkAbout2011-01-19; Planning Commission; Resolution 67451 PLANNING COMMISSION RESOLUTION NO. 6745
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT FOR THE GRADING OF
4 42.1 ACRES TO IMPLEMENT THE AMENDED
RECLAMATION PLAN FOR THE FORMER SOUTH COAST
MATERIALS QUARRY PLAN GENERALLY LOCATED
6 SOUTH OF HIGHWAY 78 AND WEST OF COLLEGE
BOULEVARD IN LOCAL FACILITIES MANAGEMENT
7 . ZONE 25.
CASE NAME: SOUTH COAST MATERIALS QUARRY
8 CASE NO: HDP 07-01
9 WHEREAS, Hanson Aggregates Pacific Southwest, "Developer," and
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"Owner," has filed a verified application with the City of Carlsbad regarding property described
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12 aS
13 A portion of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to
14 Partition Map 823, filed in the Office of the County Recorder
of San Diego County, November 16,1896 and also identified as
15 Assessor's Parcel Number 167-040-21-00
16 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Hillside
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Development Permit as shown on Exhibits "A" - "H" dated January 19, 2011, on file in the
2Q Carlsbad Planning Department, South Coast Materials Quarry - HDP 07-01, as provided by
21 Chapter 21.95 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did on January 19, 2011, consider said
23 request; and
24 WHEREAS, at said hearing, upon hearing and considering all testimony and
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arguments, if any, of all persons desiring to be heard, said Commission considered all factors26
27 relating to the Hillside Development Permit; and
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES, South Coast Materials Quarry - HDP 07-01 based on the
following findings and subject to the following conditions:
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c Findings;
6 1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
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2. That undevelopable areas of the project, i.e., natural slopes over 40%, have been properly
identified on the constraints map. Natural slopes over 40% gradient are not impacted
by the proposed grading of the site.
10 3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that the manufactured slopes created are
interim slopes which will be re-graded and landscaped upon final development to
reduce the visual impact of graded slopes; sensitive habitat areas have been
mitigated through the preservation of onsite habitats per the Habitat Management
13 Plan; and that erosion control and detention basins will prevent excessive off-site
siltation. Grading of the site is within an acceptable grading quantity of 6,300 cubic
14 yards per acre. The grading is required for the reclamation of the previous mining
operation and designed to leave the site in a safe, usable condition that is readily
adaptable for future designated land uses. No new manufactured slopes exceed 40
i s feet in height and no new slopes are substantially visible from a circulation element
roadway. Manufactured slopes are proposed to be landscaped consistent with the
17 City of Carlsbad Landscape Manual.
18 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,
in that the reclamation grading is restricted to the disturbed portions of the site.
2Q Work is required within the floodplain to restore the floodplain impacted by
previous mining operations to a more natural condition.
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5. That the project design substantially conforms to the intent of the concepts illustrated in
22 the Hillside Development Guidelines Manual, in that curvilinear slopes have been used
„- where possible and the project incorporates an additional 50 foot planning buffer as
measured from the top of the channel slope.
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6. That the project design and lot configuration minimizes disturbance of hillside lands, in
25 that only the slopes created by the past mining operation are being impacted by the
reclamation grading.26 * *
27 7. That the site has unusual geotechnical or soil conditions that necessitate corrective work
that may require significant amounts of grading, in that the past use of the site as a
28 quarry necessitates corrective work to return the site to a safe, usable condition that
is readily adaptable for future designated land uses.
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8. That the site requires extensive grading to accommodate a circulation-element roadway,
2 in that the grading for future Marron Road is accommodated for on the southerly
portion of the site.
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9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
4 Code Section 14.28.020 and Landscape Manual Section I B).
10. The Planning Commission has reviewed each of the exactions imposed on the Developer
5 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
7 degree of the exaction is in rough proportionality to the impact caused by the project.
o Conditions:
9 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
10 issuance.
11 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
13 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
14 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
, r or a successor in interest by the City's approval of this Hillside Development Permit.
17 2. 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
18 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
development, different from this approval, shall require an amendment to this approval.
20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
21 regulations in effect at the time of building permit issuance.
22 4. if any condition for construction of any public improvements or facilities, or the payment
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
24 Section 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
25 with all requirements of law.
2" 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
27 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
28 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Hillside Development
Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
PC RESO NO. 6745 -3-
nondiscretionary, in connection with the use contemplated herein, and
2 (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
3 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.
6. This approval is granted subject to the approval of Special Use Permit 07-03 and
6 Habitat Management Plan Permit 07-06, and is subject to all conditions contained in
Planning Commission Resolutions No. 6744 and 6745 for those other approvals
7 incorporated herein by reference.
o 7. Developer shall implement, or cause the implementation of, the Former South Coast
9 Materials Quarry Amended Reclamation Plan Final Subsequent EIR Mitigation
Monitoring and Reporting Program.
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8. This approval shall become null and void if grading permits are not issued for this
project within 36 months from the date of project approval.
12 NOTICE
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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."
16 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
19 annul their imposition.
20 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
22 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
23 expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on January 19, 2011, by the following
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vote, to wit:4 "
- AYES: Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery, Nygaard and Schumacher
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NOES:
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ABSENT:
9 ABSTAIN:
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12 STEPHEN'"HAP" L'HEURTiUX, Chairperson
13 CARLSBAD PLANNING COMMISSION
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ATTEST:
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DON NEU
18 Planning Director
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