HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4578\ 0 0
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PLANNING COMMISSION RESOLUTION NO. 4578
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
74 TO GRADE AND SUBDIVIDE 14.7 ACRES INTO 38 LOTS
ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA
LANE AND NORTH OF AVIARA PARKWAY IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: HADLEY PROPERTY
CASE NO.: CDP 98-74
WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Paul and PeggS
Family Trust, “Owner”, described as
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 98-
A portion of the south half of the southwest quarter of the
southeast quarter of Section 22, Township 12 south, Range 4
west, San Bernardino base and meridian, in the County of San
Diego, State of California, according to the United States
Government Survey.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “N” dated July 7, 1999, on file in the 1
Department, HADLEY PROPERTY - CDP 98-74 as provided by Chapter 21.201.04
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July, 199!
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
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 Cor
APPROVES HADLEY PROPERTY - CDP 98-74 based on the il
findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Certified Loca
Program and all applicable policies in that the project complies with all a
requirements of the Mello I1 Segment of the Local Coastal Program an(
concerning the conversion of coastal agricultural and environmentally
habitat areas.
2. The project complies with the requirements of the Coastal Agricultural
Zone as the project has been conditioned to pay the agricultural ca
mitigation fee to develop the property with other than agricultural uses.
3. The project also complies with the requirements of the Coastal Resource P
Overlay Zone as slopes over 25 percent containing coastal sage scrub and c
are being preserved.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COK
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. Prior to the issuance of building permits, the applicant shall apply for and 1
grading permit issued by the City Engineer.
3. If a grading permit is required, all grading activities shall be planned in units th:
completed by October 1st. Grading activities shall be limited to the "dry seas01
1st to October 1st of each year. Grading activities may be extended to Novem
upon written approval of the City Engineer and only if all erosion control measul
place by October 1st.
4. To offset the conversion of non-prime agricultural land to urban land uses
payment of an agricultural mitigation fee, the amount of which shall not be 1
$5,000 nor more than $10,000 for each net converted acre of non-prime agri
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 grading
whichever occurs first and shall be consistent with the provisions of Carlsbad
5. Approval of CDP 98-74 is granted subject to the approval of the Mitigated r(
Declaration and Mitigation Monitoring and Reporting Program, ZC 98-10!
98-07, CT 98-17, and HDP 98-17. CDP 98-74 is subject to all conditions cont
I requirements of the Mello I1 Local Coastal program, the applicant shall
PC RES0 NO. 4578 -2-
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the Planning Commission Resolutions No. 4574, 4575, 4576 and 4573 for 2
LCPA 98-07, CT 98-17, and HDP 98-17.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convel
“fees/exactions.”
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 Cod(
66020(a), and file the protest and any other required information with the City Mar
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 1
zoning, grading or other similar application processing or service fees in connection 1
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. 4578 -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 7th day of July, 1999
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
URTNEY E. H
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4578 -4-