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HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 45616 0 0 c II 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 4561 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-70 FOR 154 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FUTURE FARADAY IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH AREA “I” & “J” CASE NO.: CDP 98-70 8 ll WHEREAS, Shea Homes Limited Partnership, “Developer”, ha; 9 10 11 12 13 14 verified application with the City of Carlsbad regarding property owned by Ke Company, “Owner”, described as 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 map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896 15 16 (“the Property”); and WHEREAS, said verified application constitutes a request for 2 l7 1) Development Permit as shown on Exhibits “A” - “WW” dated June 2, 1999,on f 18 19 20 Planning Department, KELLY RANCH AREA “I” & “J” - CDP 98-70, as prc Chapter 21.201.040 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 2nd day of June, 19’ 22 said request; and 23 the 7th day of July, 1999, hold a duly noticed public hearing as prescribed by law tc 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the WHEREAS, at said public hearing, upon hearing and considering all and arguments, if any, of all persons desiring to be heard, said Commission considered relating to the CDP. Commission of the City of Carlsbad as follows: * ? 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 Co APPROVES KELLY RANCH AREA “I” & “J” - CDP 98-70, bas following findings and subject to the following conditions: Findinw: 1. That the proposed development is in conformance with the Certified Loca Program and all applicable policies in that the proposed project is in complis all of the development standards of the underlying zone, the proposed rt density is within the density range established by the Mello I1 segmen’ consistent with the intent of the individual policies of the applicable Loca: Program overlay zones. 2. That the project is conditioned to include erosion control (Chapter 21.203.t consistent with the intent of the Coastal Resource Protection overlay zone p‘ 3. The Planning Commission has reviewed each of the exactions imposed on the I 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 extex degree of the exaction is in rough proportionality to the impact caused by the prc 4. Planning Commission finds that: A. the project is consistent with CEQA guidelines section 15168(c)(2) Progr B. the project is consistent with the action in the regulations cited above; C. there was a Program EIR certified in connection with the associated Map ; D. the project has no new significant environmental effect not analyzed as s. in the prior Program EIR, E. none of the circumstances requiring Subsequent or a Supplemental E CEQA Guidelines Sections 15 162 or 15 163 exist; 5. That this project could have a potentially significant negative cumulative traff on the Palomar Airport Road El Camino Real intersection. However, this pr been conditioned to pay its fair share of the “short-term improvements,” guaranteeing implementation of a mitigation measure that reduces the potential i a level of insignificance. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cc and modifications to the document(s) necessary to make them internally consist€ conformity with final action on the project. Development shall occur substa~ shown in the approved Exhibits. Any proposed development different f approval, shall require an amendment to this approval. PC RES0 NO. 4561 -2- I t 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 0 2. The applicant shall apply for and be issued building permits for this projec two (2) years of approval or this coastal development permit will expir extended per Section 21.201.210 of the Zoning Ordinance. 3. Approval of CDP 98-70 is subject to the approval of PUD 98-04 and SDP 98-18 4. The Developer shall pay their fair share for the “short-term improvements” Camino Real/ Palomar Airport Road intersection prior to approval of the final IT issuance of a grading permit, whichever occurs first. The amount shall be deter the methodology ultimately selected by Council, including but not limited to, ar in the city-wide traffic impact fee; an increased or new Zone 8 LFMP fee; the CI a fee or assessment district; or incorporation into a Mello-Roos taxing district. 5. Approval of CDP 98-70 is subject to the approval of LCPA 97-09 by the C Coastal Commission. 6. If a grading permit is required, all grading activities are prohibited fi-om (Februa gratcatcher or March 1st for vireo) to (September 15th for gnatcatcher or Octob vireo). Grading activities are therefore, allowed during a portion of the “rainy All erosion control and revegetation measures must be fully implemented pxi grading prohibition period. Any extensions must receive written approval of Engineer and the responsible wildlife agencies (California Department of GamekJnited States Fish and Wildlife Service). 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 fees/exac you protest them, you must follow the protest procedure set forth in Government Cod 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 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 zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any fees/exactions of which you have previously b a NOTICE similar to this, or as to which the statute of limitations has previously expired. ... ... ... PC RES0 NO. 4561 -3 - 4 ,. e t # 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 7th day of July 199 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heurc Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOTZMI~~R Planning Director 11 PC RES0 NO. 4561 -4-