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HomeMy WebLinkAbout1998-07-15; Planning Commission; Resolution 4329,. nl) 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 0 0 PLANNING COMMISSION RESOLUTION NO. 4329 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVES COASTAL MAY SUBDIVISION ON PROPERTY LOCATED ON THE CORNER OF PARK DRIVE AND MONROE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MAY SUBDIVISION CASE NO. : CDP 97-58 WHEREAS, James & Patricia May, “Developer”, have filed a application with the City of Carlsbad regarding property owned by James & Patric “Owner”, described as DEVELOPMENT PERMIT NO. CDP 97-58 TO ALLOW THE A portion of Lot “I” of Rancho Agua Hedionda in the County of San Diego, State of California, according to the map thereof No. 823, filed in the office of the County Recorder of San Diego County November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “G” dated July 1,1998, on file in the Department, MAY SUBDIVISION, CDP 97-58 provided by Chapter 21.201.048 Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of July, 195 the 15th day of July, 1998, hold a duly noticed public hearing as prescribed by law tc said request; and WHEREAS, at said public hearing, upon hearing and considering all . and arguments, if any, of all persons desiring to be heard, said Commission considered ~ relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: I ~ -. .6 II e 0 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor APPROVES MAY SUBDIVISION, CDP 97-58 based on the following and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Mello I1 Segmen Certified Local Coastal Program and all applicable policies and the Coastal F Protection Overlay Zone (Chapter 21.203 of the CMC) in that: a. The project would be conditioned to require approval of a grading and improvement plans to ensure that all erosion control, sediment and drainage facilities are utilized or constructed in accordance w standards; and b. The project would be conditioned to prohibit grading during th season, October 1 to April 1 to avoid increased runoff and soil erosion 2. Coastal Development Permit, CDP 97-58, authorizes the subdivision and grL the site only; any future development of individual lots will require the issua separate Coastal Development Permit. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all COI and modifications to the document(s) necessary to make them internally consister conformity with final action on the project. Development shall occur substan, shown in the approved Exhibits. Any proposed development different frc approval, shall require an amendment to this approval. 2. Prior to the issuance of building permits, the applicant shall apply for and c grading permit issued by the City Engineer. 3. All grading operations shall be limited to the period from April 1 to Octo1 each year. All areas disturbed by grading shall be planted within 60 day. initial disturbance and prior to October 1 with temporary or permanent (in f of finished slopes) erosion control methods. 4. Approval of CDP 97-58 is granted subject to the approval of the Mitigated P Declaration and Mitigation Monitoring and Reporting Program, ZC 97-08: 97-12, CT 97-12 and SDP 98-05. CDP 97-58 is subject to all conditions cont; Resolutions No. 4430, 4325, 4326, 4327, and 4328 for the Mitigated b Declaration and Mitigation Monitoring and Reporting Program, ZC 97-08, 97-12, CT 97-24, and SDP 98-05. ... I PC RES0 NO. 4329 -2- . .A " 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 e 0 1. Prior to the issuance of a building permit on any lot created by subdivision r 97-24, the owner shall apply for and receive a separate Coastal Developmen in accordance with Chapter 21.201 of the Carlsbad Municipal Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the 1 Commission of the City of Carlsbad, California, held on the 15th day of July, 1998 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy, Nielsen, and Welshons NOES: ABSENT: Commissioner Savary ABSTAIN: BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: \ M~CHAEL J. HMZM~~LER 1 Planning Director PC RES0 NO. 4329 -3- 1