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HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4276c I 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 0 PLANNING COMMISSION RESOLUTION NO. 4276 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF JEFFERSON STREET AND CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: JEFFERSON/CHINQUAPIN PROJECT CASE NO.: CDP 97-04 WHEREAS, Jan Alexander Kalicki and Rosalind Jones Kalicki, husb wife as joint tenants, “Developer”, has filed a verified application with the City of regarding property owned by Jan Kalicki, “Owner”, described as: COASTAL DEVELOPMENT PERMIT NO. CDP 97-04 ON A portion of Tract 232 of Thum Lands, in the City of Carlsbad, County of San Diego, according to Map 1681, filed in the Office of the County Recorder of said County 12/9/15. (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “H” dated July 1, 1998,on file in the Department, JEFFERSON/CHINQUAPIN PROJECT, CDP 97-04 as provided bl 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of July 195 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all and arguments, if any, of all persons desiring to be heard, said Commission considered relating to the CDP. 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. L 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 e B) That based on the evidence presented at the public hearing, the Cor APPROVES JEFFERSON/CHINQUAPIN PROJECT, CDP 97-04 ‘ the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Program and all applicable policies in that the project site contains no p agricultural lands, sensitive resources, or slopes and no geologic or other 1 and the project will be required to comply with all applicable erosion regulations during the grading and development. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all COI and modifications to the document(s) necessary to make them internally consistel conformity with final action on the project. Development shall occur substar shown in the approved Exhibits. Any proposed development different fr approval, shall require an amendment to this approval. 2. The applicant shall apply for and be issued building permits for this prl within two (2) years of approval or this coastal development permit will er 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. 4. Grading activities for this project shall be limited to the period of Apl through October 1 of each year pursuant to Section 21.203 of the Carl! Municipal Code. 5. Approval of CDP 97-04 is granted subject to the approval of CT 96-08 and SDI 22. CDP 97-04 is subject to all conditions contained in Planning Commis Resolutions No. 4274 and 4275 for CT 96-08 and SDP 97-22. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, ded: reservations, or other exactions hereafter collectively referred to for convenit “fees/exactions.” You have 90 days from July 1,1998 to protest imposition of these feedexactions. If yot them, you must follow the protest procedure set forth in Government Code Section 6602C file the protest and any other required information with the City Manager for proce: 1 PC RES0 NO. 4276 -2- II e t -4; 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 accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely fo. procedure will bar any subsequent legal action to attack, review, set aside, void, or ar 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 1 zoning, grading or other similar application processing or service fees in connection 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 c expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the : Commission of the City of Carlsbad, California, held on the 1st day of July, 1998 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Tu Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: BAILEY N-OBV, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: - MICHAEL J. HOLZMI~ER Planning Director PC RES0 NO. 4276 -3- I