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HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 4402P * 0 e 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 ~ 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: ’+ c e e 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: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- . 4 e e 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 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: 4 .a A4 m ”\ /“5. ,.Q ,q @r .+. 9 .@> 49 vx#p J * ?./ \ ,;xL 22- t e &$&&? ..-*.;&/+d$A;;;’’ 77 ‘2 n c h:9 ”$/,- - 2L.P * BAILEY NOB&& Chairperson CARLSBAD PLANNING COMMISSION ATTEST: , MICHAEL J. HMZMWLER Planning Director PC RES0 NO. 4402 -3-