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HomeMy WebLinkAbout1999-05-05; Planning Commission; Resolution 45351 2 3 4 5 6 7 8 0 e 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 11 12 13 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. l4 15 (“the Property”); and 16 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 18 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 23 24 25 26 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. . 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 1 0 0 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- 0 0 ’ 2 8. The Developer shall pay all required agricultural mitigation fees 3 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 6 ~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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. I1 ... ... ... ... ... ... ... ... ... ... ... PC RES0 NO. 4535 -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 e e 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-