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Home My WebLink About1985-08-14; Planning Commission; Resolution 24710 * 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 2471 A RESOLUTIOE OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFOm-IA, APPROVING A SPECIAL USE PERlIT TO GRADE FOR THE CONSTRUCTION OF CANNON ROAD AND WETLAND ENHANCEMENT ON PROPEXTY GENERALLY LOCATED IN THE KELLY RANCH MASTER PLAN. APPLICANT: EEL-CAL CASE NO. : SUP-9 I ~ WHEREAS, a verified application for certain property, to 7 8 wit: A portion of Lot ”I” of Rancho Agua Hedionda according to 9 Map No. 823 filed November 16, 1896, 10 11 has been filed with the City of Carlsbad, and referred to the Planning Commission; and 12 WHEREAS, said application constitutes a request as 13 15 WHEREAS, the Planning Commission did on the 14th day of 14 provided by Title 21 of the Carlsbad Municipal Code; and law to consider said request; and 16 August, 1985, hold a duly noticed public hearing as prescribed by 17 WHEREAS, at said public hearing, upon hearing and 18 relating to the Special Use Permit; and 20 /desiring to be heard, said Commission considered all factors 19 considering all testimony and arguments, if any, of all persons 21 Commission as follows: 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninq B) That based on the evidence presented at the public hearing, 24 A) That the above recitations are true and correct. 23 the Commission APPROVES SUP-9, based on the following findings 25 and subject to the following conditions: l 26 //// 28 //// 27 //// //// ! I I I 1 ~ II 0 e 1 IjFindingq: 2 3 1) The project is consistent with all City public facility pol- 4 icies and ordinances since: a) All necessary public improvements have been provided or will be required as conditions of approval. 5 6 7 €3 b) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 9 20 11 12 2) The proposed project is in conformance with the Kelly Ranch Master Plan as approved by the City of Carlsbad and the Coastal Commission. 3) The proposed project will not adversely impact other properties adjacent to Aqua Hedionda Creek as explained in the staff report. 13 14 15 16 4) The proposed project will not adversely impact the wetlands area within the Kelly Ranch Master Plan and should actually enhance them as explained in the staff report. 5) The Land Use Planning Yanager has determined that the environmental impacts of the proposed project have been analyzed by previous environmental documents and a Notice of Prior Compliance was issued July 18, 1985. l7 ilonditions: l8 I 2o il 1 ) Approval is granted for SUP-9, as shown on Exhibits "A" - "D", 19 I dated July 29, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 21 22 23 24 25 26 2) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated June 6, 1984, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. :7 Approval of this request shall not excuse compliance with all 1 sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. C RES0 NO. 2471 -2- I 1 2 3 4 5 6 e e 4) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. 5) All landscaping shall be in conformance with the Kelly Ranch Phase I Landscape Plan on file at the Land Use Planning Office. 6) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 7 7) If any condition for construction of any public improvements c by this approval or imposed by law on this project are 8 facilities, or the payment of any fees in lieu thereof, impose challenged this approval shall be suspended as provided in determined to be invalid this approval shall be invalid unless condition complies wi.th all requirements of law. 9 Government Code Section 65913.5. If any such condition is 10 the City Council determines that the project without the 11 12 13 conditions from the following agencies: Engineering: 8) This special use permit shall incorporate all requirements anc 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9) a) California State Coastal Commission b) U. S. Army Corps of Engineers c) California State Fish and Game d) San Diego County Flood Control District Prior to issuance of grading permits for this site, approvals from each of the above mentioned agencies shall be submitted to the City Engineer. Prior to the issuance of grading permits for this site, a complete hydraulic analysis (HEC I1 studies of the before and after conditions of Agua Hedionda Creek) shall be submitted to, and approved by the City Engineer. This study shall include a narrative review of all impacts of the proposed grading activity. 10) Prior to issuance of grading permits, bonds shall be posted for all necessary earthwork and drainage facilities, includinc landscaping and irrigation necessary to stabalize graded areas. 12) Prior to issuance of grading permits, maintenance agreements and bonds for cleaning of desiltation basins shall be posted with the City of Carlsbad. The maintenance of these basins shall be the responsibility of this developer. Until turned over to a public or private agency whichever is applicable. //// PC RES0 NO. 2471 -3- II ~ e e 1 2 3 4 5 6 7 8 9 12) Prior to any further development of the areas within the existing 100-year floodplain, the Federal Emergency Management Agency Map program shall be amended/revised to exclude that portion to be developed. The applicant shall also amend the San Diego County 1"=200' scale floodplain maps and furnish the County with backup HEC-2 analysis to justify the proposed development. This condition does not apply to the grading/surcharge of Cannon Road, but will apply to subsequent tentative maps filed on this area. 13) Prior to issuance of the grading permit for this project, the applicant shall verify the structural integrity of the existing bridge, as it is affected by this project. A detailed study shall be prepared by a licensed structural engineer with expertise in bridge design and submitted to and approved by the City Engineer. 10 11 12 Planning Commission of the' City of Carlsbad, California, held on 13 the 14th day of August, 1985, by the following vote, to wit: PASSED, APPROVED AND ADOPTED at a regular meeting of the AYES: Chairman Schlehuber, Commissioners: Marcus, McFadden, Rombotis, Smith and Hall. 14 15 NOES : None. ABSENT: Commissioner L'Heureux. l6 /I ABSTAIN : 17 18 19 I - A (Ob .. . . .. u CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 20 TEST: 21 22 23 24 25 26 27 ll 28 PC RES0 NO. 2471 d -4-