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HomeMy WebLinkAbout1998-02-04; Planning Commission; Resolution 4236x c 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 0 a PLANNING COMMISSION RESOLUTION NO. 4236 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED ON FRANCISCAN ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: WHITE RESIDENCE CASE NO. : CDP 97-53 WHEREAS, Tommy White , “Developer”, has filed a verified applica the City of Carlsbad regarding property owned by Tommy White, “Owner”, described a COASTAL DEVELOPMENT PERMIT NO. CDP 97-53 ON La Costa Downs, Block 22, Lot 2 (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibit(s) “A” dated February 4, 1998, on fil Planning Department, WHITE RESIDENCE CDP 97-53, as provided by Chapter 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of Februa 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 t and arguments, if any, of all persons desiring to be heard, said Commission considered a relating to CDP 97-53. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor APPROVES WHITE RESIDENCE CDP 97-53, based on the j findings and subject to the following conditions: ... ... \ 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 e e Findings: 1. That the proposed development is in conformance with the Certified Loca. Program and all applicable policies in that the development is a single family : a previously subdivided and graded lot without impact or potential tc coastal resources including native vegetation, wetlands, slopes greater than coastal views. 2. That the Planning Director has determined that the project is exempt j requirements of the California Environmental Quality Act (CEQA) per 15303 of the state CEQA Guidelines and will not have any adverse si1 impact on the environment. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all correc modifications to the Coastal Development Permit document(s) as necessary to m; internally consistent and in conformity with final action on the project. Developnr occur substantially as shown in the approved Exhibits. Any proposed development from this approval shall require an amendment to this approval. 2. Building permits shall be issued for this project within two (2) years of approv: Coastal Development Permit will expire unless extended per Section 21.201.21 Zoning Ordinance. 3. The Developer shall comply with all applicable provisions of federal, state, a ordinances in effect at the time of building permit issuance. 4. Building permits will not be issued for development of the subject property UI District Engineer determines that sewer facilities are available at the time of applic such sewer permits and will continue to be available until time of occupancy. 5. The Developer shall provide proof of payment of statutory school fees to mitigate CI of overcrowding as part of the building permit application. The amount of these fee; determined by the fee schedule in effect at the time of building permit application. 6. If any condition for construction of any public improvements or facilities, or the pq any fees in-lieu thereof, imposed by this approval or imposed by law on this re housing project are challenged this approval shall be suspended as provided in GOT Code Section 66020. If any such condition is determined to be invalid this approval invalid unless the City Council determines that the project without the condition with all requirements of law. ... ... PC RES0 NO. 4236 -2- * * % * * I I1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 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 ~ Commission of the City of Carlsbad, California, held on the 4th day of February 199 following vote, to wit: ~ AYES: Chairperson Noble, Commissioners Compas, Heineman, h Nielsen, Salvary, and Welshons NOES: ABSENT: ABSTAIN: -)Pi\ &hIJe 9' 2 %z25 BAILEY NOffLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: v MICHAEL J. HOLZMILER Planning Director ~ PC RES0 NO. 4236 -3 -