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HomeMy WebLinkAbout1998-11-04; Planning Commission; Resolution 4423.? 0 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 PLANNING COMMISSION RESOLUTION NO. 4423 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO COASTAL DEVELOPMENT PERMIT NO. 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(A) WHEREAS, Carlsbad 35 LLC, “Developer”, has filed a verified ? with the City of Carlsbad regarding property owned by Carlsbad 35 LLC, “Owner”, as CDP 98-13 ON PROPERTY GENERALLY LOCATED ON THE Being a portion of Lot “I” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, aclcording 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 Amendment, on file in the Planning Department, RANCHO REI 98-13(A), as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of Noveml 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 . and arguments, if any, of all persons desiring to be heard, said Commission considered 2 relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: 1 A) That the foregoing recitations are true and correct. 0 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 B) That based on the evidence presented at the public hearing, the Co - APPROVES RANCHO REAL, CDP 98-13(A), based on the followin; and subject to the following conditions: Findings: 1. All of the findings contained in Planning Commission Resolution No. 4378 1 13) dated September 2,1998, are incorporated herein by reference. 2. The Planning Commission of the City of Carlsbad has reviewed, anal considered the approved Mitigated Negative Declaration (90-13), and the A( thereto, the environmental impacts therein identified for this project and said c thereon, and the Mitigation Monitoring and Reporting Program, on file in the Department, prior to APPROVING the project. Based on the EIA Part 11, the a Negative Declaration (CT 90-13), the Addendum thereto, and comments the Planning Commission finds that there is no substantial evidence the project w significant effect on the environment and hereby APPROVES the Addendu; Mitigated Negative Declaration. 3. The Planning Commission does hereby find that the Mitigated Negative De (CT 90-13), the Addendum thereto, and Mitigation Monitoring and Reporting have been prepared in accordance with requirements of the California Envirc Quality Act, the State Guidelines and the Environmental Protection Procedurc City of Carlsbad. 4. The Planning Commission finds that the Mitigated Negative Declaration (C and the Addendum thereto reflect the independent judgment of the 1 Commission of the City of Carlsbad. ~ Conditions: 1. All of the conditions of approval contained in Planning Commission Resolut 4333 and 4191 (CT 90-13x3 and CT 90-13x2) and Planning Commission Res No. 3238, 3239, 3240, and 3241 (CT 90-13, HDP 90-19, PUD 90-16, and SI are incorporated herein by reference and remain in effect with the fc exception: A. Grading activities for this project may be conducted between October and February 1, 1999. All grading activities must be completed and all r erosion control and revegetation measures must be implemented by Feb 1999. ... I I 1 PC RES0 NO. 4423 -2- c. .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 0 * PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 4th day of November 19! following vote, to wit: AYES : Chairperson Noble, Commissioners Compas, Heineman, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PL~G COMMISSION ATTEST: *A MICHAEL J. HOLZMILL~ Planning Director PC RES0 NO. 4423 -3-