HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4378/ .-
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PLANNING COMMISSION RESOLUTION NO. 4378
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF EL CAMINO REAL BETWEEN KELLY DRIVE AND
HIDDEN VALLEY ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: RANCHO REAL
CASE NO.: CDP 98-13
WHEREAS, Athalon Property Services Group, Incorporated (repres
Charles J. McLaughlin), “Developer”, has filed a verified application with the City of
COASTAL DEVELOPMENT PERMIT NO. CDP 98-13 ON
regarding property owned by General Security Corporation, “Owner”, described as
Being a portion of Lot “I” of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to Partition Map thereof No. 823, filed in the office
of the County Recorder of said County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “T” dated May 2, 1991,on file in the
Department, RANCHO REAL, CDP 98-13, as provided by Chapter 21.201.040 of the 1
Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Septemb
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered aJ
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission of the City of Carlsbad as follows:
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1 A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the COI
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4 Findings:
APPROVES RANCHO REAL, CDP 98-13, based on the following
and subject to the following conditions:
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1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that a) the project site, while currently
for agricultural activities, contains no Coastal Zone-designated prime or nc
agricultural lands; b) the project site contains no scenic resources; c) the
been fully disturbed through continued agricultural activities and con
environmentally sensitive resources; d) the site is not near the shore1
therefore, is not required to provide shoreline access; e) a geotechnic
prepared for the project concludes that, when graded as recommended, thc
will not result in geologic instability or erosion; and, f) although the site
some areas of 25% or greater slopes, the necessary findings to allow grading
slopes can be made because 1) a geotechnical study for the site concludes th
graded as recommended the slope area will be stable and any corrective
necessary for the project will be completed; 2) grading of the slope areas is I
to the development design and intent of the project; 3) the slope disturbance
result in damage or alteration to major wildlife habitat or native vegetation
there are none on the site; and, 4) while the site contains some steep slopes,
predominated by steep slopes, as the steep slopes occur in only about 10% 0:
and there are no dual-criteria slopes on the site.
16 2. The Planning Commission has reviewed each of the exactions imposed on the D
to mitigate impacts caused by or reasonably related to the project, and the extenl 17 contained in this resolution, and hereby finds, in this case, that the exactions are
18 degree of the exaction is in rough proportionality to the impact caused by the proj
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20 1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Coastal Development Permit document(s) necessary
Development shall occur substantially as shown in the approved Exhibits. Any 1
development different from this approval, shall require an amendment to this app
Conditions:
21 them internally consistent and in conformity with final action on the
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23 11 2. The applicant shall apply for and be issued building permits for this pr,
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within two (2) years of approval or this coastal development permit will e>
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unless extended per Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for
obtain a grading permit issued by the City Engineer.
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28 PC RES0 NO. 4378 -2-
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4. All of the conditions of approval contained in Planning Commission Resolu
No. 4333 and 4191 (CT 90-13x3 and CT 90-13x2) are incorporated herei
reference and remain in effect.
5. All of the conditions of approval contained in Planning Commission Resolu,
No. 3238,3239,3240, and 3241 (CT 90-13, HDP 90-19, PUD 90-16, and SUI
7) are incorporated herein by reference and remain in effect.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from September 2, 1998, to protest imposition of these fees/exactionc
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tl
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that. your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection L
project; NOR DOES IT APPLY to any feesiexactions of which you have previously bet
a NOTICE similar to this, or as to which the statute of limitations has previously 0‘
expired.
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PC RES0 NO. 4378 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of September 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, a
Monroy
NOES:
ABSENT: Commissioners Nielsen, Savary, and Welshons
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4378 -4-