HomeMy WebLinkAbout1999-05-05; Planning Commission; Resolution 45351
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PLANNING COMMISSION RESOLUTION NO. 4535
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ON PROPERTY GENERALLY LOCATED WEST OF BLACK
RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE
20.
CASE NAME: CARNATION PROPERTY
CASE NO.: CDP 98-85
WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed e
COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-85
9 application with the City of Carlsbad regarding property owned by Carnation Pr
10 “Owner”, described as
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The southeast quarter of the southeast quarter of the southwest
quarter 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.
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(“the Property”); and
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WHEREAS, said verified application constitutes a request for a
I/ Development Permit as shown on Exhibits “A” - “F” dated May 5, 1999,on file in the : 17
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19 the Carlsbad Municipal Code; and
Department, CARNATION PROPERTY CDP 98-85, as provided by Chapter 21.20
20 WHEREAS, the Planning Commission did, on the 5th day of May 1991
21 duly noticed public hearing as prescribed by law to consider said request; and
22 I1 WHEREAS, at said public hearing, upon hearing and considering all tt
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Commission of the City of Carlsbad as follows: 27
NOW, THEREFORE, BE IT HEREBY RESOLVED by the :
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP.
28 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Cor
APPROVES CARNATION PROPERTY CDP 98-85, based on the f
findings and subject to the following conditions:
Findinps:
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that the proposed project is in complial
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 21.203.0
consistent with the intent of the Coastal Resource Protection overlay zone pa
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 exteni
degree of the exaction is in rough proportionality to the impact caused by the proj
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 f?(
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this projeci
two (2) years of approval or this coastal development permit will expire
extended per Section 21.201.210 of the Zoning Ordinance.
3. A grading permit issued by the City Engineer consistent with all City ;
policies and ordinances is required. Prior to the issuance of building perm
applicant shall apply for and obtain a grading permit issued by the City Engi
4. Grading is restricted to be conducted within the summer period, which is AI
October 1. The City Engineer may permit an extension of the grading seas(
November 15 if all precautionary measures regarding erosion, consistent P
City’s grading ordinance, have been put in place.
5. Storm drain facilities consistent with the Master Drainage Plan shall be inst,
required by the City Engineer.
6. Soil erosion control practices shall be used against “onsite” soil erosion
satisfaction of the City Engineer.
7. Offsite drainage shall be prevented through sediment control. Control n
shall be shown on the grading plans to the satisfaction of the City Engineer.
PC RES0 NO. 4535 -2-
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8. The Developer shall pay all required agricultural mitigation fees
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recordation of the final map or the issuance of a grading permit (whichevt
first) in accordance with the provision of the Coastal Agriculture Overlay Z
9. Approval of CDP 98-85 is granted subject to the approval of ZC 98-11, LFM
4 CT 98-18 and HDP 98-20.
5 NOTICE
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~ees/exactions.” 7
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convel
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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 Cod1
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure 1
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/€
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor F
zoning, grading or other similar application processing or service fees in connection 7
project; NOR DOES IT APPLY to any fees/exactions 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. 4535 -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 5th day of May 199!
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4535 -4-