HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 4402P
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PLANNING COMMISSION RESOLUTION NO. 4402
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CDP 98-59 ON
PROPERTY GENERALLY LOCATED WEST OF CANNON
ROAD AT FARADAY AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: AGUA HEDIONDA VISITORAVATURE
CASE NO.: CDP 98-59
WHEREAS, The Agua Hedionda Lagoon Foundation, “Developer”, h
verified application with the City of Carlsbad regarding property owned by Kel
Company, “Owner”, described as
CENTER
That portion of Lot “I” of Rancho Agua Hedionda and that
portion of Lot “F” of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
to 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”-“D” dated October 7, 1998, on fi
Planning Department, AGUA HEDIONDA VISITOR/NATURE CENTER, CDP
provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of October l!
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Co
3
4 Findings:
APPROVES AGUA HEDIONDA VISITOR/NATURE CENTER, C:
based on the following findings and subject to the following conditions:
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1. That the proposed development is in conformance with the Certified Locd
Program and all applicable policies in that the development does not obstruct
otherwise damage the visual beauty of the coastal zone and no agricultural
or geological instability exist on the site.
2. The project is consistent with the provisions of the Coastal Resource P:
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the pra
adhere to the City’s Master Drainage and Storm Water Quality Managem
and Grading Ordinance to avoid increased runoff and soil erosion and the s
located in an area prone to landslides, or susceptible to accelerated erosiol
or liquefaction.
3. Less than a 10% disturbance of dual criteria slopes is necessary to
reasonable bus access and turn-around on the site.
4. No disturbance is proposed within 100 feet of a wetland. However, there arr
sensitive plants and animals including coastal sage scrub and riparian
nearby and therefore grading may not be postponed until the summer 1999
season because it would then conflict with the summer breeding seasor
California gnatcatcher and least Bell’s vireo.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the document(s) necessary to make them internally consi:
in conformity with final action on the project. Development shall occur substar
shown in the approved Exhibits. Any proposed development different fr
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this projec
two (2) years of approval or this coastal development permit will expirc
extended per Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and o
grading permit issued by the City Engineer which includes extensive t
control measures consistent with the City’s Master Drainage and Storm
Quality Management Plan and Grading Ordinance.
4. Grading may occur after October 1, 1998 but no later than February 1, 19
erosion control measures shall be in place to the satisfaction of the City E
PC RES0 NO. 4402 -2-
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prior to commencing onsite grading which guarantee that there will be no
erosion.
5. Prior to occupancy, the property owner shall place all areas outside of the p
area of disturbance into an open space conservation easement. The easem
include some passive recreational uses such as a trail and maintenancl
subject to the approval of the Planning Director.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of October 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Monroy, Nie
Savary
NOES: none
ABSENT: Commissioners Heineman and Welshons
ABSTAIN:
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BAILEY NOB&& Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
,
MICHAEL J. HMZMWLER
Planning Director
PC RES0 NO. 4402 -3-