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HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4499I 0 0 f 1 ll PLANNING COMMISSION RESOLUTION NO. 4499 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL, DEVELOPMENT PERMIT LOCATED SOUTH OF AGUA HED LAGOON, NORTH OF VETERANS’ MEMORIAL PARK, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: CDP 97-43 NUMBER CDP 97-43 ON PROPERTY GENERALLY 8 9 10 11 WHEREAS, Kelly Land Company, “Developer”, has filed a verified apy with the City of Carlsbad regarding property owned by Kelly Land Company, “( described as 12 13 14 A portion of Lot “I” of Rancho Agua Hedionda and a portion of Lot “F” of Rancho Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896 15 16 17 18 Development Permit as shown on E~bits “A” - “M” dated April 7, 1999 on filc 19 Planning Department, KELLY RANCH, CDP 97-43, as provided by Chapter 21.201.04 20 Carlsbad Municipal Code; and 21 22 23 24 25 26 relating to the CDP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the P 28 (“the Property”); and WHEREAS, said verified application constitutes a request for a WHEREAS, the Planning Commission did, on the 7th day of April, 1999 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all te: and arguments, if any, of all persons desiring to be heard, said Commission considered all Commission of the City of Carlsbad as follows: 11 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor Recommends Approval of KELLY RANCH, CDP 97-43, based following findings and subject to the following conditions: Findinrs: 1. That the proposed development is in conformance with the Certified Local Program and all applicable policies in that the proposed project is in complia~ all of the development standards of the underlying zone, the proposed re! density is within the density range established by the Mello I1 segment. consistent with the intent of the individual policies of the applicable Local Program overlay zones. 2. That the project is conditioned to include erosion control (Chapter 21.203.01 consistent with the intent of the Coastal Resource Protection overlay zone PO: 3. The Planning Commission has reviewed each of the exactions imposed on the Dl contained in this resolution, and hereby finds, in this case, that the exactions are to mitigate impacts caused by or reasonably related to the project, and the extent degree of the exaction is in rough proportionality to the impact caused by the projl Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cor and modifications to the document(s) necessary to make them internally consisten conformity with final action on the project. Development shall occw substanl shown in the approved E~bits. Any proposed development different fi-( approval, shall require an amendment to this approval. 2. The applicant shall apply for and be issued grading permits for this subr within two (2) years of final action or this coastal development permit will unless extended per Section 21.201.210 of the Zoning Ordinance. 3. A grading permit shall not be issued for any portion of CDP 97-43 other than the limits of work as shown on City approved improvement plans for Canno and Faraday Avenue until after final action by the Coastal Commission on 97-09. 4. Prior to the issuance of building permits, the applicant shall apply for and o grading permit issued by the City Engineer. 5. A grading permit issued by the City Engineer consistent with all City g policies and ordinances is required. 6. Grading is restricted to be conducted within the summer period, which is Ap October 1. The City Engineer may permit an extension of the grading seaso PC RES0 NO. 4499 -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 0 0 November 15 if all precautionary measures regarding erosion, consistent 1 City’s grading ordinance, have been put in place. 7. Storm drain facilities consistent with the Master Drainage Plan shall be ins: required by the City Engineer. 8. Soil erosion control practices shall be used against “onsite” soil erosion satisfaction of the City Engineer. 9. Offsite drainage shall be prevented through sediment control. Control 1 shall be shown on the grading plans to the satisfaction of the City Engineer. 10. Approval of CDP 97-43 is granted subject to the approval of CT 97-16, HDP 97. PUD 99-02. NOTICE Please take NOTICE that approval of your project includes the “imposition” I dedications, 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 Code 66020(a), and file the protest and any other required information with the City Man: processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to follow that procedure will bar any subsequent legal action to attack, review, set aside, 7 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedel DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p! ~ zoning, grading or other similar application processing or service fees in connection M project; NOR DOES IT APPLY to any feedexactions of which you have previously bee 1 a NOTICE similar to this, or as to which the statute of limitations has previously otl expired. ... ~ -** ... ... ... ... PC RES0 NO. 4499 -3- 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 e PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 7th day of April 199! following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons --- .__ CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4499 -4-