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HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 4430* 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 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 I -.. t 0 0 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s 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. ... PC RES0 NO. 4430 -2- 7 ll 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 ~ 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. ... ... ... .. . PC RES0 NO. 4430 -3 - 1 . 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 a 0 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-