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HomeMy WebLinkAbout2001-05-02; Planning Commission; Resolution 49651 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 PLANNING COMMISSION RESOLUTION NO. 4965 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDlNG APPROVAL OF AN AMENDMENT OF COASTAL DEVELOPMENT PERMIT NUMBER CDP 97-43 TO SUBDIVIDE 174 ACRES INTO 171 LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: CDP 97-43 (A) WHEREAS, The Kelly Land Company, “Developer and Owner”, has filed a verified application with the City of Carlsbad regarding property described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ran&o Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,200O; and WHEREAS, this Coastal Development Permit Amendment is necessary for the Kelly Ranch project to be consistent with the Local Coastal Program as amended by the Coastal Commission action on July 11,200O and LCPA 97-09(A) by the City of Carlsbad which incorporates the Coastal Commission’s suggested modifications; and WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits “A” - “M” dated May 2,200l on file in the Planning Department, KELLY RANCH, CDP 97-43(A), as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 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 WHEREAS, the Planning Commission did, on the 2nd day of May, 2001, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit Amendment; and, WHEREAS, on the 7th day of April, 1999, the Planning Commission recommended approval of CDP 97-43 as described and conditioned in Planning Commission Resolution No. 4499; and, WHEREAS, on the 11th day of May, 1999, the City Council approved CDP 97-43 as described and conditioned in City Council Resolution No. 99-162; and, WHEREAS, the California Coastal Commission approved LCPA 97-09 with suggested modifications which required project design revisions; and WHEREAS, this resolutions findings and conditions shall supercede the findings and conditions of Planning Commission Resolution No. 4499; and, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That CDP 97-43(A) shall amend and supercede CDP 97-43 Cl That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY RANCH, CDP 97-43(A), based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Local Coastal Program as amended by LCPA 97-09(A) and all applicable policies in that the proposed project is in compliance with all of the development standards of the underlying zone as shown on Exhibits “A”-‘(M)’ dated May 2, 2001, the proposed residential density is within the density range established by the Mello II segment, and is consistent with the intent of the individual policies of the applicable Local Coastal Program overlay zones. PC RESO NO. 4965 -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 2. 3. 4. 5. 6. 7. That the project is designed to include erosion and water quality control as specified in Section 21.203.040(B)(4)(j) of the Coastal Resource Protection overlay zone policy. That the project protects steep slopes within Kelly Ranch Open Space, has minimized onsite paving, and prepared a Fire Suppression Plan per Section 21.203.040 (A) (2) (a-g) of the Coastal Resource Protection Overlay Zone. That grading is restricted to be accomplished between April 1 and October 1 of each year not withstanding the ability to extend the grading period to November 15 per Section 21.203.040 (B) (4) of the Coastal Resource Protection Overlay Zone. That the project includes measures for scenic preservation including setbacks, landscape, low intensity building colors, and limited building height per Section 21.203.040 (G) of the Coastal Resource Protection Overlay Zone. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project includes public access to vista points and does not prohibit access to the Agua Hedionda Lagoon or to the Pacific Ocean. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Couditious: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Coastal Development Permit Amendment. 2, 3. Staff is authorized and directed to make, or require Developer or their successors to make, all corrections and modifications to the document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits “A’‘-“MI’ dated May 2, 2001. Any proposed development different from this approval, shall require an amendment to this approval. Adoption of Planning Commission Resolution No. 4965 [CDP 97-43(A)] voids and supersedes Planning Commission Resolution No. 4499 (CDP 97-43) and shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for PC RESO NO. 4965 -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 4. 5. 6. 7. 8. 9. 10. Carlsbad LCPA Z-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. The Developer or their successors shall apply for and be issued grading permits for this subdivision within two (2) years of recordation of the final map for CT 97-16 or this Coastal Development Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. A grading permit issued by the City Engineer consistent with all City grading policies and ordinances is required. Prior to the issuance of building permits, the Developer or their successors shall apply for and obtain a grading permit issued by the City Engineer All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to be between April 1 and October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources. If any of the responsible Resource Agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter. Storm drain facilities consistent with the Master Drainage Plan shall be installed as required by the City Engineer. Soil erosion control practices shall be used against “onsite” soil erosion to the satisfaction of the City Engineer. Offsite drainage shall be prevented through sediment control. Control methods shall be shown on the grading plans to the satisfaction of the City Engineer. This approval is granted subject to the approval of CT 97-16(A) and HDP 97-17(A) and is subject to all conditions contained in Planning Commission Resolutions No. 4963 and 4964 for those other approvals NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and tile the protest and any other required information with the City Manager for PC RESO NO. 4965 -4- 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 21 28 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: JEF&E& SEGAI&-& air-person CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HO%MILtiR Planning Director PC RESO NO. 4965 -5.