HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4499I 0 0
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1 ll PLANNING COMMISSION RESOLUTION NO. 4499
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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
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WHEREAS, Kelly Land Company, “Developer”, has filed a verified apy
with the City of Carlsbad regarding property owned by Kelly Land Company, “(
described as
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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
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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
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26 relating to the CDP.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
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(“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:
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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-
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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.
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PC RES0 NO. 4499 -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 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
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CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4499 -4-