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Home My WebLink About1999-12-01; Planning Commission; Resolution 4671II 4 (1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ?A PLANNING COMMISSION RESOLUTION NO. 4671 A RESOLU-TION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED WITHIN THE NORTH BETWEEN OAK AVENUE AND AGUA HEDIONDA LAGOON. CASE NAME: SOUTH CARLSBAD VILLAGE STORM CASE NO.: CDP 99-5 1 WHEREAS, the City of Carlsbad, “Developer”, has filed a verified applical with the City of Carlsbad regarding property owned by North County Transit Distr “Owner”, described as COASTAL DEVELOPMENT PERMIT, CDP 99-51, ON COUNTY TRANSIT DISTRICT RAILROAD RIGHT-OF-WAY DRAIN Railroad right-of-way between Oak Avenue and Agua Hedionda Lagoon (“the Property”); and WHEREAS, said verified application constitutes a request for a Coa Development Permit as shown on Exhibits “A”-“B” dated December 1, 1999, on file in Planning Department, SOUTH CARLSBAD VILLAGE STORM DRAIN CDP 99-51, provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of December, 15 ,L” II 21 22 23 24 25 26 27 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testim and arguments, if any, of all persons desiring to be heard, said Commission considered all fac relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plam Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. I 0 * 1 2 3 1. That the proposed development is in conformance with the Certified Local Coa 4 FindinPs: Program in that Policy 4-7, Flood Hazards, states that storm drain facilities 5 developed areas should be improved and enlarged according to the Carlsbad Mas 6 Drainage Plan. 7 2. That the proposal is in conformity with the public access and recreation policies Chapter 3 of the Coastal Act in that the project will not hinder public access to or fr 8 the coast and will not affect the ability to provide public recreation within coastal zone since the project is the underground replacement of existing ab B) That based on the evidence presented at the public hearing, the Commiss based on the following findings and subject to the following conditions: APPROVES SOUTH CARLSBAD VILLAGE STORM DRAIN, CDP 99- 9 degree of the exaction is in rough proportionality to the impact caused by the project. 12 contained in this resolution, and hereby finds, in this case, that the exactions are imp0 11 ground storm drains. lo 3. The Planning Commission has reviewed each of the exactions imposed on the Develc to mitigate impacts caused by or reasonably related to the project, and the extent and 13 grading permit. 15 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance ( l4 Conditions: 16 17 18 19 20 21 22 23 24 1. If any of the following conditions fail to occur; or if they are, by their terms, to implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the righ revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke or further condition all certificates of occupa issued under the authority of approvals herein granted; institute and prosecute litigatiol compel their compliance with said conditions or seek damages for their violation. vested rights are gained by Developer or a successor in interest by the City’s approva this (type of action, e.g. Site Development Plan). 2. Staff is authorized and directed to make, or require the Developer to make, all correctj and modifications to the Coastal Development Permit documents, as necessary to m them internally consistent and in conformity with the final action on the proj Development shall occur substantially as shown on the approved Exhibits. Any propc development different fi-om this approval, shall require an amendment to this approval 25 3. The Developer shall comply with all applicable provisions of federal, state, and b 26 27 4. If any condition for construction of any public improvements or facilities, or the payn of any fees in-lieu thereof, imposed by this approval or imposed by law on this Prc 28 are challenged, this approval shall be suspended as provided in Government Code Sec 66020. If any such condition is determined to be invalid this approval shall be inv ordinances in effect at the time of building permit issuance. PC RES0 NO. 4671 -2- 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 1 e 0 unless the City Council determines that the project without the condition complies M all requirements of law. 5. The Developer shall submit to the Planning Director a reproducible 24” x 36”, ml copy of a Site Plan reflecting the conditions approved by the final decision making boc 6. All grading activities shall be planned in units that can be completed by October Grading activities shall be limited to the “dry season”, April 1st to October 1st of e, year. Grading activities may be extended to November 15th upon written approval of City Engineer and only if all erosion control measures are in place by October 1 st. 7. A wetland revegetation area of .67 acres shall be created concurrent with constructior the project or as required by the Army Corps of Engineers in a valid 404 permit to satisfaction of the Planning Director. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fi dedications, reservations, or other exactions hereafter collectively referred to for convenienct “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. you protest them, you must follow the protest procedure set forth in Government Code Secl 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 tin- 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 feedexacti DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plw zoning, grading or other similar application processing or service fees in connection with project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi a NOTICE similar to ths, or as to which the statute of limitations has previously otherv expired. ... ... ... .. ... , I 1 ... ~ *. PC RES0 NO. 4671 -3- 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 * 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plam Commission of the City of Carlsbad, California, held on the 1st day of December, 1999, by following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Segall, Trigas, and Welshons NOES: ABSENT: Commissioner Nielsen ABSTAIN: COURTNEY E. HEmkN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director 1 PC RES0 NO. 4671 -4-