HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4568.A
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PLANNING COMMISSION RESOLUTION NO. 4568
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVING OF COASTAL DEVELOPMENT PERMIT CDP
CANNON ROAD AND EAST OF FARADAY AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH APARTMENT PROJECT
CASE NO.: CDP 98-66
WHEREAS, Security Capital Pacific Trust, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Kelly Land Cc
“Owner”, described as
98-66 ON PROPERTY GENERALLY LOCATED SOUTH OF
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
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A”-“S” dated May 19, 1999, on file in the 1
Department, KELLY RANCH APARTMENT PROJECT - CDP 98-66, as prov
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of June 199!
the 7th day of July, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
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 COI
RECOMMENDS APPROVAL of KELLY RANCH APAR
PROJECT - CDP 98-66, based on the following findings and subje
following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that the project is in compliance with 2
development standards of the R-3 zone, the proposed residential density i
the density range established by the Mello I1 segment, and the project is c(
with the intent of the individual policies of the applicable Local Coastal 1
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 PO
3. The Planning Commission has reviewed each of the exactions imposed on the D
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 exten
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 fi-
approval, shall require an amendment to this approval.
~ 2. The applicant shall apply for and obtain building permits for this project wil
(2) years of approval or this coastal development permit will expire unless e:
I per Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and a
~ 4. Approval of CDP 98-66 is subject to the approval of LCPA 97-09 by the Ca
grading permit issued by the City Engineer.
Coastal Commission.
5. If a grading permit is required, all grading activities shall be planned in un
can be completed by October 1st. Grading activities shall be limited to tl
season”, April 1st to October 1st of each year. Grading activities may be ek
to November 15th upon written approval of the City Engineer and only if all
control measures are in place by October 1st.
...
I pc RESO No. 4568 -2-
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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 Cod1
66020(a), and file the protest and any other required information with the City Mal
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 :
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bt
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of July 1999
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
1 - COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
MICHAEL J. HMZMMER -
Planning Director
PC RES0 NO. 4568 -3-