HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 46661 II - II 0 0
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PLANNING COMMISSION RESOLUTION NO. 4666
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
SUBDIVIDE 4.28 ACRES INTO 12 SINGLE FAMILY LOTS
WITH 12 SINGLE FAMILY HOMES AND TWO SECOND
DWELLING UNITS ON PROPERTY GENERALLY LOCATED
AT THE SOUTHERN TERMINUS OF JAMES DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: JAMES CANYON ESTATES
CASE NO.: CDP 98-90
COASTAL DEVELOPMENT PERMIT CDP 98-90 TO
9 WHEREAS, Hall Investment, Inc., “Developer”, has filed a verified applicatic
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with the City of Carlsbad regarding property owned by Alex J. Santos, Ltd., “Owner
described as
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Lot 16 and 17 and a portion of Lot 18 in Block “G” of
Bellavista, in the City of Carlsbad, County of San Diego, State
of California, according to Map No. 2152, recorded March 7,
1929 in the office of the County Recorder.
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(“the Property”); and
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WHEREAS, said verified application constitutes a request for a Coas
Development Permit as shown on Exhibits “A” - “N” dated November 17, 1999, on file in t
Carlsbad Planning Department, JAMES CANYON ESTATES - CDP 98-90, provided
Chapter 21.201.040 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 17th day of November, 19s
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hold a duly noticed public hearing as prescribed by law to consider said request; and
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Commission of the City of Carlsbad as follows: 28
WHEREAS, at said public hearing, upon hearing and considering all testimo.
and arguments, if any, of all persons desiring to be heard, said Commission considered all factc
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commiss
APPROVES JAMES CANYON ESTATES - CDP 98-90, based on
following findings and subject to the following conditions:
FindinPs: -
1. That the proposed development is in conformance with the Certified Local Coa:
Program and all applicable policies and the Coastal Resource Protection Overlay Zu
in that the project will be conditioned to restrict grading to the summer season, a
the site contains no wetlands, agricultural uses, or dual criteria slopes. The projl
has been designed in conformance with the Mello I1 hydrology standards requiri
the drainage system to be designed to ensure that runoff resulting from the proj
will be substantially less than existing after development is completed. The s
consists of unusual geotechnical conditions resulting from undocumented 1
alluvium and debris in the drainage course which will be corrected through rem0
of unsuitable soils as necessary during the grading operation. The project has a
been conditioned to require a paleontological monitor during the grading operati
due to the project’s proximity to Agua Hediona Lagoon.
2. The proposal is in conformity with the public access and recreation policies of Chaptel
of the Coastal Act in that the project is not located adjacent to the shore. Therefol
the project will not interfere with the public’s right to physical access to the sea a1
the site is not suited for water-oriented recreational activities.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map.
1. This approval is granted subject to the approval of the Mitigated Negative Declarati
and Mitigation Monitoring and Reporting, CT 98-20, SDP 99-09, and HDP 9%:
and is subject to all conditions contained in Planning Commission Resolutions 466
4663,4664, and 4665.
2. The applicant shall apply for and be issued building permits for this project within t\
(2) years of approval or this coastal development pennit will expire unless extended I:
Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and obtain
grading permit issued by the City Engineer.
4. If a grading permit is required, all grading activities shall be planned in units that can
completed by October 1st. Grading activities shall be limited to the “dry season”, Apl
1st to October 1 st of each year. Grading activities may be extended to November 15
upon written approval of the City Engineer and only if all erosion control measures are
place by October 1st.
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PC RES0 NO. 4666 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fc
dedications, reservations, or other exactions hereafter collectively referred to for convenienct
“fees/exactions.”
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You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil
zoning, grading or other similar application processing or service fees in connection with t
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gil
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann:
Commission of the City of Carlsbad, California, held on the 17th day of November, 1999,
the following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, and Trigas
NOES: Commissioner Welshons
ABSENT:
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COURTNEY E. HENEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
j) PC RES0 NO. 4666 -3-