HomeMy WebLinkAbout1998-06-17; Planning Commission; Resolution 43201
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PLANNING COMMISSION RESOLUTION NO. 4320
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT NO.
NORTHWEST CORNER OF FUTURE POINSETTIA LANE
AND BLACK RAIL ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: OCEAN BLUFF
CASE NO.: CDP 97-54
WHEREAS, Catellus Residential Group, Inc., “Developer”, has filed s
CDP 97-54 ON PROPERTY GENERALLY LOCATED AT THE
application with the City of Carlsbad regarding property owned by Catellus Residential
Inc., “Owner”, described as
Parcel B in Certificate of Compliance recorded on March 11,
1997 as File No. 1997-0106631 of official records of San Diego
County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “Z” dated June 17, 1998, on fil
Planning Department, OCEAN BLUFF, CT 97-54, as provided by Chapter 21.201.04
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of June 199:
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 a1
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
e (I)
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B) That based on the evidence presented at the public hearing, the Commissi
RECOMMENDS APPROVAL of OCEAN BLUFF, CDP 97-54, basec
following findings and subject to the following conditions:
Findinprs: -
1. That the proposed project revisions are in conformance with the Certified Loca
Program and all applicable policies of the Mello 11 segment requiring the protc
steep slopes and adequate drainage and erosion control facilities. No
disturbance to steep slopes will result from the proposed revised pad
subdivision of Lot 93, or addition of Poinsettia Lane Reach I1 and drain
erosion control facilities would be in conformance with the City’s Master D
Plan.
2. The project is consistent with Mello I1 Coastal Resource Protection Overl;
(Chapter 21.203 of the Zoning Ordinance) in that the project will adherc
City’s Master Drainage and Storm Water Quality Management Plan t
increased runoff and soil erosion, no steep slopes will be impacted by the p
revisions, and the site is not located in a flood plain or liquefaction-prone ar
project is designed with adequate drainage in that drainage will be routed 1
storm drains beneath local streets to energy dissipators prior to entering
drainage courses. The project will provide adequate drainage, siltation, and
control facilities as part of the approved grading permit, and the grading 01
will be limited to the summer construction season, April 1 to October 1.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the document(s) necessary to make them internally consisten
conformity with final action on the project. Development shall occur substanl
shown in the approved Exhibits. Any proposed development different fix
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this pro
within two (2) years of approval or this coastal development permit will exl
unless extended per Section 21.201.210 of the Zoning Ordinance.
3, Prior to the issuance of building permits, the applicant shall apply for :
obtain a grading permit issued by the City Engineer.
I 4. Approval of CDP 97-54 is granted subject to approval of CT 93-09(A) and H
93-09(A). CDP 97-54 is subject to all conditions contained in Planr
Commission Resolutions No. 4318 and 4319 for CT 93-09(A) and HDP 93-09(1
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PC RES0 NO. 4320 -2-
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NOTICE Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve~
“fees/exactions.”
You have 90 days from final approval to protest imposition of these feedexactions
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure 1
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/€
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I
zoning, grading or other similar application processing or service fees in connection 7
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously a
expired.
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~ PC RES0 NO. 4320 -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 17th day of June, 199f
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
NOES:
ABSENT: Commissioner Nielsen
Monroy, Savary, and Welshons
ABSTAIN:
BAILEY NOB@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
lq +
MICHAEL J. MLZM~E'LER
Planning Director
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PC RES0 NO. 4320 -4-