HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 4430*
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PLANNING COMMISSION RESOLUTION NO. 4430
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO COASTAL
ONSITE GRADING WITHIN THE WINTER SEASON ON
PROPERTY GENERALLY LOCATED EAST OF EL CAMINO
REAL AND SOUTH OF FUTURE CANNON ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH VILLAGE “E”
CASE NO.: CDP 96- 13
WHEREAS, Kelly Land Company, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Kelly Land Compa
“Owner”, described as
DEVELOPMENT PERMIT NUMBER CDP 96-13 TO ALLOW
Portions of lots I and F of Rancho Agua Hedionda, in the County
of San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of said San Diego
County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit Amendment as provided by Chapter 21.201.040 of the Carlsbad M
Code; and
WHEREAS, the City of Carlsbad approved the Kelly Ranch Master
September 1984 in conformance with the Mello I1 and Agua Hedionda Lagoon seg~
the Carlsbad Local Coastal Program; and
WHEREAS, the California Coastal Commission approved the areas a
of development within the Kelly Ranch through the approval of Coastal Devel
Permit 6-84-617 which approved the Kelly Ranch Master Plan with amendments; a1
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WHEREAS, the City of Carlsbad approved CDP 96-13 on April 7,
City Council Resolution No. 98-68 which adopted Planning Commission Resollu
4228; and
WHEREAS, portions of the project site are adjacent to an area of
habitat ; and
WHERAS, that area of wetland habitat contains species which sh
protected during their breeding season which is approximately March through Sep
and
WHEREAS, the Planning Commission did, on the 2nd day of Decembe
hold a duly noticed public hearing as prescribed by law to consider said amendment requl
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to CDP 96-13(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the E
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 Com
RECOMMENDS APPROVAL of KELLY RANCH VILLAGE “E” C
13(A), based on the following findings and subject to the following conditj
Findinp:
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that the proposed development of Villagc
consistent with the requirements of the Kelly Ranch Master Plan whi.
approved by the California Coastal Commission per Coastal Development
6-84-617.
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PC RES0 NO. 4430 -2-
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2. That the proposed amendment to specifically allow grading within the wintl
is consistent with the Kelly Ranch Master Plan in that the master plan allo\
grading with proper erosion control.
3. That grading for the Cannon Road component of the project during th
season is preferred in that grading during March through September may
with the breeding season of the least Bell’s vireo.
Conditions:
1. This approval is subject to all conditions of approval for CDP 96-13 coni
Planning Commission Resolution No. 4228, which are incorporated h
reference except as modified below:
A. Grading is permitted on the CT 96-07 (Kelly Ranch Village “E’) site w
1998 winter grading season until dirt is no longer needed for the constrr
Cannon Road as determined by the Public Works Director. In no c:
grading be permitted onsite beyond January 31, 1999 unless the
Development Permit issued by the California Coastal Commission 1
extended beyond January 31,1999.
B. All offsite, downstream improvements shall be constructed prior to the
of a grading permit onsite.
C. Storm drain facilities consistent with the Master Drainage Plan shall be j
as required by the City Engineer.
D. Soil erosion control practices shall be used against “onsite” soil erosio
satisfaction of the City Engineer.
E. Offsite drainage shall be prevented through sediment control. Control :
shall be shown on the grading plans to the satisfaction of the City Engir
shall be installed prior to commencement of grading.
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PC RES0 NO. 4430 -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 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, r\
Savary, and Welshons
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
BAILEY NOE$$k, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
1 1 PC RES0 NO. 4430 -4-