HomeMy WebLinkAbout1998-02-04; Planning Commission; Resolution 4237.. I1
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PLANNING COMMISSION RESOLUTION NO. 4237
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: BARELMANN HOME
CASE NO.: CDP 97-56
COASTAL DEVELOPMENT PERMIT NO. CDP 97-56 ON
WHEREAS, Robert and Margaret Barelmann, “Developer”, has
verified application with the City of Carlsbad regarding property owned by Rot
Margaret Barelmann, “Owner”, described as
La Costa Downs, Block 22, Lot 11
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A-D” dated February 4, 1998, on fi
Planning Department, BARELMANN HOME CDP 97-56, 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 tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to CDP 97-56.
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 Con
APPROVES BARELMANN HOME CDP 97-56, based on the f;
findings and subject to the following conditions:
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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 f
requirements of the California Environmental Quality Act (CEQA) per
15303 of the state CEQA Guidelines and will not have any adverse si!
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. Developm
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 approva
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 ur
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 cc
of overcrowding as part of the building permit application. The amount of these fees
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 pa:
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.
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PC RES0 NO. 4237 -2-
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e a
PASSED, APPROVED AND ADOPTED at a regular meeting of the
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, E
Nielsen, Salvary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD P~ANNING COMMISSION
ATTEST:
MICHAEL J. HOXMILYER
Planning Director
PC RES0 NO. 4237 -3 -