HomeMy WebLinkAboutCDP 97-43; Kelly Ranch; Coastal Development Permit (CDP) (5)- City of Carlsbad
June 9,1999
Sherilyn Sarb
California Coastal Commission
3 11 1 Camino Del Rio North Suite 200
San Diego CA 92108-1725
RE: CDP 97-43 Kelly Ranch
Dear Sherilyn:
Thank you for the phone call yesterday afternoon. We have researched the files and have
determined that the Notice of Final Action for Coastal Development Permit CDP 97-43 was sent
to you pre-maturely. CDP 97-43 is in fact subject to the approval of the Local Coastal Program
Amendment, LCPA 97-09, by the California Coastal Commission.
Verification of the condition can be found in the resolutions for the Coastal Development Permit
and the Tentative Tract Map. The Coastal Development Permit is subject to the approval of the
Tentative Tract Map, Condition No. 10 of Planning Commission Resolution No. 4499, and the
Tentative Tract Map is subject to the approval of the Local Coastal Program Amendment,
Condition No. 29 of Planning Commission Resolution No. 4497. Therefore, the Coastal
Development Permit CDP 97-43 is being held in abeyance until the Coastal Commission takes
favorable action on the Local Coastal Program Amendment LCPA 97-09.
Both of these resolutions can be found in the Local Coastal Program Amendment LCPA 97-09
submittal package. A copy of each of the conditions is also enclosed.
A new Notice of Final Action will be submitted after Coastal Commission action on LCPA 97-
09.
If you should have any other questions, please call me at 760 438-1 161, extension 4430.
Assiitant Planning Director
GW:CW:mh
Enclosures
2075 La Palmas Dr. Carlsbad, CA 92009-1576 * (760) 438-1 161 FAX (760) 438-0894 @
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November 15 if all precautionary measures regarding erosion, consistent with the
City’s grading ordinance, have been put in place.
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.
Approval of CDP 97-43 is granted subject to the approval of CT 97-16, HDP 97-17, and
PUD 99-02.
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
“feedexactions.”
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 file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bai 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.
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PC RES0 NO. 4499 -3-
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the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail
easement, the trail shall still be constructed but it shall be constructed as a private trail
and shall be the maintenance and liability responsibility of the Homeowners
Association.
This approval is for subdivision of the property into 179 lots. Subsequent
development of lots 1-157, 161, 162, 165, 167, 168, 169, 176 and 179 requires
approval of individual or common Site Development Plan@) by the Planning
Commission.
Prior to the issuance of building permits, the design of the recreational vehicle
storage facility on Lot 161 shall have been reviewed and approved as an offsite
storage facility for Planning Areas A, D, G, H, E, I and J by the Planning
Commission. Review and approval shall be completed as part of any subsequent
PUD or SDP request for Planning Areas I or J.
The recreational vehicle storage facility on Lot 161 shall be completed and available
prior to occupancy of any unit within Planning Areas I or J.
No grading permit shall be issued for any portion of CT 97-16 other than within the
Cannon Road and Faraday Avenue limits of work as shown on the respective City
approved improvement plans until after final action by the Coastal Commission on
LCPA 97-09, excepting therefrom any surcharge and borrow site work that must be
done for the construction of Cannon Road, as approved by the Planning Director
and City Engineer and as in substantial conformance with CDP 98-39A.
A deed restriction shall be placed on lot 179 limiting its use to day care and on lot
167 for use by the Agua Hedionda Lagoon Foundation as a Naturemisitor Center.
CT 97-16 is subject to final approval of all other actions including but not limited to
approval of LCPA 97-09 by the California Coastal Commission (CCC). Such LCPA
approval shall occur prior to final map or issuance of a grading permit whichever
occurs first, excepting therefrom any surcharge and borrow site work that must be
done for the construction of Cannon Road, as approved by the Planning Director
and City Engineer and as in substantial conformance with CDP 98-39A.
The Developer shall pay his fair share for the “short-term improvements” to the El
Camino Real/ Palomar Airport Road intersection prior to the issuance of a building
permit. The amount shall be determined by the methodology ultimately selected by
Council, including but not limited to, an increase in the city-wide traffic impact fee;
an increased or new Zone 8 LFMP fee; the creation of a fee or assessment district;
or incorporation into a Mello-Roos taxing district.
The developer shall execute a covenant for reciprocal access easement and
maintenance agreement for lots 167 and 179.
PC RES0 NO. 4497 -9-