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HomeMy WebLinkAbout1998-11-04; Planning Commission; Resolution 44180 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 PLANNING COMMISSION RESOLUTION NO. 4418 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CDP 98-47 ON PROPERTY GENERALLY LOCATED BETWEEN COLLEGE BOULEVARD AND TAMARACK AVENUE AT CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: EL CAMINO REAL WIDENING CASE NO.: CDP 98-47 WHEREAS, the City of Carlsbad, “Developer”, has filed a verified a] regarding property which consists of El Camino Real Right-of-way (“the Property”); WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A”-“C” dated November 4, 1998,on fi Planning Department, EL CAMINO REAL WIDENING, CDP 98-47 as provided bj 2 1.20 1.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of Novemb 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 tl 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: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor APPROVES EL CAMINO REAL WIDENING, CDP 98-47 base( following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Program and all applicable policies in that the project site does not include anJ agricultural production or designated Coastal agricultural lands; there are natural slopes within the project area (greater than 25%); the improve me^ 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 street will1 not obstruct views or otherwise damage the visual beauty of th zone; and there are no areas of geologic instability within the project area. 2. That the ]x-oposal is in conformity with the public access and recreation PC Chapter 3 of the Coastal Act in that the improvement to the road will not : with the public’s right of access to the sea or jeopardize any existing or 1 coastal water-oriented recreational opportunities. 3. That the project is consistent with the provisions of the Coastal Resource PI Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the prcl 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 liquifaction. 4. That this site is in close proximity to least Bell’s vireo habitat and that constructil site during the summer months will conflict with the least Bell’s vireo breeding s Conditions: 1. Staff is authorized and directed to make all corrections and modification: documents necessary to make them internally consistent and in conformity u action on the project. Development shall occur substantially as shown in the s Exhibits. Any proposed development different from this approval, shall re’ amendment to this approval. 2. A grading permit issued by the City Engineer consistent with all City policies antd ordinances is required. 3. All offsite, downstream improvements shall be constructed prior to the issua grading permit onsite. 4. All construction activities shall be planned so as not to conflict with the lea: vireo breeding season. 5. Storm drain facilities consistent with the Master Drainage Plan shall be inst required by the City Engineer. 6. Soil erosion control practices shall be used against “onsite” soil erosion satisfactioln of the City Engineer. 7. Offsite dr,ainage shall be prevented through sediment control. Control I shall be shown on the grading plans to the satisfaction of the City Engineer. I PC RES0 NO. 44:18 -2- 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 e PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 4th day of November 195 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: ATTEST: Planning Director PC RES0 NO. 44'18 -3-