HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 4429c // e 0
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PLANNING COMMISSION RESOLUTION NO. 4429
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
NUMBER CDP 97-39 TO ALLOW THE SUBDIVISION OF,
AND GRADING FOR, 73 SINGLE FAMILY LOTS WITH
THREE OPEN SPACE LOTS OVER 36.7 ACRES ON
PROPERTY GENERALLY LOCATED WEST OF EL CAMINO
REAL, BETWEEN CASSIA ROAD AND DOVE LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 2 1.
CASE NAME: LOHF SUBDIVISION
CASE NO.: CDP 97-39
WHEREAS, LAMCO Housing Inc, “Developer”, has filed a verified a1
with the City of Carlsbad regarding property owned by Lohf Trust and Alice M. L
l2 II Trust, “Owner”, described as
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Parcel 2 of Map No. 2244, filed in the Office of the County
Recorder on January 10, 1974 and the southern half of the
northeast quarter of Section 26, Township 12 South, Range 4
West, San Bernardino Meridian, all in the City of Carlsbad,
County of San Diego, State of California.
(“the Property”); and
18 WHEREAS, said verified application constitutes a request for a
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Development Permit as shown on Exhibits “A” - “K”, dated December 2,1998 , on j
Planning Department, LOHF SUBDIVISION - CDP 97-39 as provided by Chapter 2:
21 11 of the Carlsbad Municipal Code; and
22 /I WHEREAS, the Planning Commission did, on the 2nd day of Decemb
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24 II hold a duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all
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relating to the CDP. 27
and arguments, if any, of all persons desiring to be heard, said Commission considered
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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 COI
on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of LOHF SUBDIVISION - CDP 97-,
Findings:
1. That the proposed development is in conformance with the Certified Loca
Program and all applicable policies in that no prime agricultural lands exist on
93 percent of the adjacent environmentally sensitive habitats will remain
undisturbed state; no coastal access is or will be needed through or adjace
project site; erosion will be controlled by grading in conformance with
Standards; and no significant visual panoramas exist on or near the site.
2. The project site is not located in the Coastal Agricultural Overlay Zone, a1
to Map X of the Land Use Plan, certified September, 1980, and, therefor
subject to the provisions of the Coastal Agriculture Overlay Zone (Chapte
of the Zoning Ordinance).
3. The project is consistent with the provisions of the Coastal Resource PI
Overlay Zone (Chapter 21.203 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; all stet
except three areas of dual-criteria slopes, totaling approximately 1.5 ac
proposed to remain; and the site is not prone to landslides or suscei
accelerated erosions, floods, or liquefactions.
4. The project site is not located between the sea and the first public road pa
the sea and, therefore, is not subject to the provisions of Coastal S
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
5. The project site is located within the Mello I1 segment of the City’s Coasr
and, therefore, is not subject to the Coastal Resource Overlay Zone Mello I ;
Ordinance (Chapter 21.205 of the Zoning Ordinance).
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 consistel
conformity with final action on the project. Development shall occur substar
shown in the approved Exhibits. Any proposed development different fi
approval, shall require an amendment to this approval.
PC RES0 NO. 4429 -2-
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2. The applicant shall apply for and be issued building permits for this p:
within two (2) years of approval or this coastal development permit will e
unless extended per Section 21.201.210 of the Zoning Ordinance,
3. Prior to the issuance of building permits, the applicant shall apply fol
obtain a grading permit issued by the City Engineer.
4. Approval of CDP 97-39 is granted subject to approval of ZC 97-06, LCPA 5
CT 97-15 and HDP 97-16. CDP 97-39 is subject to all conditions contair:
Planning Commission Resolutions No. 4425,4426,4427 and 4428, respectivr
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, del
reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these fees/e
If you protest them, you must follow the protest procedure set forth in Government Cod1
66020(a), and file the protest and any other required information with the City Mal
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure 1
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/(
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously a
expired.
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PC RES0 NO. 4429 -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 December, 19!
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, 1
Savary, and. Welshons
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
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BAILEY NO@cE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4429 -4-