HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 46321
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PLANNING COMMISSION RESOLUTION NO. 4632
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
SUBDIVIDE 27.7 ACRES INTO 21 SINGLE FAMILY LOTS
AND ONE OPEN SPACE LOT WITH 21 SINGLE FAMILY
HOMES ON PROPERTY GENERALLY LOCATED NORTH OF
POINSETTIA LANE BETWEEN AVIARA PARKWAY AND
BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: ROESCH PROPERTY SUBDIVISION
CASE NO.: CDP 98-86
COASTAL DEVELOPMENT PERMIT CDP 98-86 TO
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WHEREAS, Standard Pacific Corporation, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Ronald L. Roesch,
12 (1 described as
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That portion 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, according to official
plat thereof, as described in Certificate of Compliance
recorded March 11,1997 as File No. 1997-0106633 official
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l6 I1 (“the Property”); and
17 11 WHEREAS, said verified application constitutes a request for a
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19 Development Permit as shown on Exhibits “A” - “DD” dated October 6, 1999 in the
2o I/ Department, ROESCH PROPERTY SUBDIVISION, CDP 98-86, as provided by
21 21.201.040 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 6th day of Octobt
23 11 hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all tt
and arguments, if any, of all persons desiring to be heard, said Commission considered a:
27 11 relating to the CDP.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the :
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 Co
3 APPROVES ROESCH PROPERTY SUBDIVISION, CDP 98-86,
the following findings and subject to the following conditions: 4
requirements of the Mello I1 Segment of the Local Coastal Program such h
Program and all applicable policies in that the project complies with all a 6
1. That the proposed development is in conformance with the Certified Loci 5
Findinm:
7 concerning environmentally sensitive habitat areas.
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2. The project also complies with the requirements of the Coastal Resource P
Overlay Zone as 93.4% of slopes over 25 percent containing coastal sage s
chaparral (dual criteria) are being preserved. In accordance with Mellc
policies, the 6.6% of dual criteria slopes impacted by the project is per]
enable reasonable development of the property with 21 single family lots o
while preserving 76% of the site (21.87) acres as a habitat corridor that li
space through and adjacent to the Zone 20 Specific Plan area.
3. The project complies with the requirements of the Coastal Agriculture
Zone as the project has been conditioned to pay the agricultural c(
mitigation fee to develop the property with other than agricultural uses.
15 Conditions:
16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to fina
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issuance of grading permit, whichever occurs first.
1. This approval is granted subject to the approval of the Mitigated Negative Dc
and Mitigation Monitoring and Reporting Program, ZC 98-12, LCPA 98-09, C
Commission Resolutions No. 4626, 4627, 4628, 4629, 4630, and 4631 dated 19
6, 1999. 20
SDP 99-05, and HDP 98-21 and is subject to all conditions contained in
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2. Prior to the issuance of building permits, the applicant shall apply for and
grading permit issued by the City Engineer.
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3. If a grading permit is required, all grading activities, including those within 2C
active gnatcatcher nesting sites during the nesting breeding season, shall be
in units that can be completed by October 1st. Grading activities shall be limil
“dry season”, April 1st to October 1st of each year. Grading activities may be
to November 15th upon written approval of the City Engineer and only if a1
control measures are in place by October 1st.
27 4. To offset the conversion of non-prime agricultural land to urban land use!
payment of an agricultural mitigation fee, the amount of which shall not be 28 requirements of the Mello I1 Local Coastal program, the applicant shall
PC RES0 NO. 4632 -2-
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$5,000 nor more than $10,000 for each net converted acre of non-prime agr
land, unless pursuant to the Mello I1 LCP, the developer can show
property is exempt from the agricultural mitigation fee requirement. Thc
of the fee shall be determined by the City Council and be paid by the applic
to approval of the final map or issuance of any building permit, whichevc
first and shall be consistent with the provisions of Carlsbad’s LCP.
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 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 bt
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
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PC RES0 NO. 4632 -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 6th day of October, 19!
following vote, to wit:
AYES: Vice Chairperson Compas, Commissioners L’Heureux,
Segall, Trigas, and Welshons
NOES:
ABSENT: Chairperson Heineman
ABSTAIN:
WILLIAM COMPAS, Vice Chdrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4632 -4-