HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4508// a a a
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PLANNING COMMISSION RESOLUTION NO. 4508
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
NUMBER CDP 98-26 TO GRADE AND SUBDIVIDE 33.4
ACRES INTO 30 LOTS ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF BLACK RAIL
ROAD AND POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO.: CDP 98-26
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Arie De Jong, Jr
Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “X” dated March 17, 1999, on fil
Planning Department, DE JONG RESIDENTIAL PROJECT - CDP 98-26 as pro\
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of March 1
on the 7th day of April 1999, hold a duly noticed public hearing as prescribed by law to
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 a1
relating to the CDP.
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a e
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
RECOMMENDS APPROVAL of DE JONG RESIDENTIAL PR<
CDP 98-26 based on the following findings and subject to the 1
conditions:
Findines:
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that the project complies with all ay
requirements of the Mello I1 Segment of the Local Coastal Program such as
concerning the conversion of coastal agriculture and environmentally
habitat areas.
2. The project complies with the requirements of the Coastal Agriculture
Zone as the project has been conditioned to pay the agricultural COI
mitigation fee to develop the property with other than agricultural uses.
3. The project also complies with the requirements of the Coastal Resource Pr
Overlay Zone as slopes over 25 percent containing coastal sage scrub and cl
are being preserved. Approximately .29 acre of dual criteria slopes will be il
for the construction of a circulation element road, Poinsettia Lane whic;
subject to this limitation as specified in Section 21.203.040 A.1.a. of the M
Code.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the document(s) necessary to make them internally consister
conformity with final action on the project. Development shall occur substan
shown in the approved Exhibits. Any proposed development different fi
approval, shall1 require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this projea
two (2) years of approval or this Coastal Development Permit will expirt
extended per Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and (
grading permit issued by the City Engineer.
4. All grading operations shall be limited to the period from April 1 to Octok
each year. All areas disturbed by grading shall be planted within 60 days
initial disturbance and prior to October 1 with temporary or permanent (in t
of finished slopes) erosion control methods.
PC RES0 NO. 4508 -2-
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5. To offset the conversion of non-prime agricultural land to urban land use5
requirements of the Mello I1 Local Coastal program, the applicant shall
payment of an agricultural mitigation fee, the amount of which shall not be
$5,000 nor more than $10,000 for each net converted acre of non-prime agr
land. The amount of the fee shall be determined by the City Council and be
the applicant prior to approval of the final map or issuance of any buildin$
whichever occurs first and shall be consistent with the provisions of C;
LCP.
6. Approval of CDP 98-26 is granted subject to the approval of the Mitigated I
Declaration and Mitigation Monitoring and Reporting Program, ZC 98-02
98-01, CT 98-05, HDP 98-03, and V 98-04. CDP 98-26 is subject to all c(
contained in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01
05, HDP 98-03, and V 98-04.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve~
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexac
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 tl
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/e
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 I
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 o
expired.
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PC RES0 NO. 4508 i .3 -
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8. 8
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of April 199s
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4508 -4-