HomeMy WebLinkAbout1998-05-06; Planning Commission; Resolution 4282e
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PLANNING COMMISSION RESOLUTION NO. 4282
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PROPERTY GENERALLY LOCATED WEST OF AMBROSIA
LANE, BETWEEN CORMORANT AVENUE AND
CALLIANDRA DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: SERENATA - AVIARA PA 17
CASE NO.: CDP 97-41
WHEREAS, Brehm Communities, “Developer”, has filed a verified apl
with the City of Carlsbad regarding property owned by Brehm Communities, “
described as:
COASTAL DEVELOPMENT PERMIT NO. CDP 97-41 ON
Lots 10 through 51 of Carlsbad Tract No. 92-03, Aviara Phase
I11 Unit 2, City of Carlsbad, County of San Diego, according to
Map No. 13462, filed in the Office of the County Recorder,
County of San Diego, on August 5,1997.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “AA” dated May 6, 1998, on fi
Planning Department, SERENATA - AVIARA PA 17 - CDP 97-41 as provided by
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of May, 199:
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tl
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
APPROVES SERENATA - AVIARA PA 17 - CDP 97-41 based
following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello I segmer
Certified Local Coastal Program and all applicable policies in that no agricultul
exist on or near the site; all adjacent environmentally sensitive habitats wil
in their undisturbed state; no coastal access is or will be needed through or ;
to the project site; erosion will be controlled by grading in conformance M
Standards; and no significant visual panoramas exist on or over the site.
2. The project site is not located in the Coastal Agricultural Overlay Zone, at
to map X of the Land Use Plan, certified September, 1980, and, thereforc
subject to the provisions of the Coastal Agriculture Overlay Zone (Chapte:
of the Zoning ordinance).
3. The project is consistent with the provision of the Coastal Resource Pr
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the pro,
adhere to the City’s Master Drainage and Storm Water Quality Managemr
and Grading Ordinance to avoid increased runoff and soil erosion; no stee
exist on the property; and the site is not prone to landslides or suscer
accelerated erosions, floods or liquefactions.
4. The project site is not located between the sea and the first public road pa
the sea and, therefore, is not subject to the provisions of the Coastal S
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
5. The project site is consistent with the provisions of the Coastal Resource
Zone Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance,
the proposed density is less than seven (7) dwelling per acre; no ad
mitigation as contained in the certified EIR for the Aviara Master Plan (
02(A)) is needed; and all required drainage and desiltation structures are
and no grading is proposed.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the document(s) necessary to make them internally consi!
in conformity with final action on the project. Development shall occur substa
shown in the approved Exhibits. Any proposed development different fi
approval, shall require an amendment to this approval.
PC RES0 NO. 4282 -2-
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2. The applicant shall apply for and be issued building permits for this pr
within two (2) years of approval or this coastal development permit will e:
unless extended per Section 21.201.210 of the Zoning Ordinance.
3. Approval of CDP 97-41 is granted subject to the approval of SDP 97-21. CDP !
is subject to all conditions contained in Planning Commission Resolution No.
for SDP 97-21.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days fi-om May 6,1998 to protest imposition of these feedexactions. If yo
them, you must follow the protest procedure set forth in Government Code Section 6602
file the protest and any other required information with the City Manager for procc
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely fol.
procedure will bar any subsequent legal action to attack, review, set aside, void, or an
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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PC RES0 NO. 4282 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 6th day of May 1998
following vote, to wit:
I I AYES: Chairperson Noble, Commissioners Compas, Heineman, h
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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1A.A
MICHAEL J. HOYZMILMR
Planning Director
PC RES0 NO. 4282 -4-