HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4323a
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PLANNING COMMISSION RESOLUTION NO. 4323
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
ALLOW THE CONSTRUCTION OF 81 SINGLE FAMILY
HOMES ON PROPERTY GENERALLY LOCATED WEST OF
AMBROSIA LANE, BETWEEN CONOSA WAY AND
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 19.
CASE NAME: SERENATA - AVIARA PA 2 1
CASE NO.: CDP 97-60
WHEREAS, Brehm-Aviara I11 Development Associates, Limited Part:
“Developer”, has filed a verified application with the City of Carlsbad regarding propert
COASTAL DEVELOPMENT PERMIT NO. CDP 97-60 TO
l1 II by Brehm-Aviara Group, LLC and PI Cal Housing Associates, L.P., “Owner”, descri
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Lots 52 through 80 of Carlsbad Tract No. 92-03, Aviara Phase
I11 Unit 3, City of Carlsbad, County of San Diego, according to
Map No. 13463; lots 81 through 103 of Carlsbad Tract No. 92-
03, Aviara Phase I11 Unit 4, City of Carlsbad, County of San
Diego, according to Map No. 13464; and lots 104 through 137
of Carlsbad Tract No. 92-03, Aviara Phase I11 Unit 5, City of
Carlsbad, County of San Diego, according to Map No. 13465,
all filed in the Office of the County Recorder, County of San
Diego, on August 12,1997.
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Development Permit as shown on Exhibits “A” - “BB” dated July 1, 1998, on fi 20
WHEREAS, said verified application constitutes a request for a
Planning Department, SERENATA - AVIARA PA 21, CDP 97-60 as provided by 21
(“the Property”); and
22 I1 21.201.040 of the Carlsbad Municipal Code; and
23 /I WHEREAS, the Planning Commission did, on the 1st day of July, 199
24 II 11 duly noticed public hearing as prescribed by law to consider said request; and 25
26 WHEREAS, at said public hearing, upon hearing and considering all t
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relating to the CDP. 28
and arguments, if any, of all persons desiring to be heard, said Commission considered E
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
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 SERENATA - AVIARA PA 21, CDP 97-60 based
following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello I segmen
Certified Local Coastal Program and all applicable policies in that no agricultur
exist on or near the site; all adjacent environmentally sensitive habitats will
in their undisturbed state; no coastal access is or will be needed through or 2
to the project site; erosion will be controlled by grading in conformance w
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, ac
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 Managemc
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 suscel
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 ac
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 cc
and modifications to the document(s) necessary to make them internally consi
in conformity with final action on the project. Development shall occur substx
1 PC RES0 NO. 4323 -2-
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shown in the approved Exhibits. Any proposed development different fic
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this prc
within two (2) years of approval or this coastal development permit will ex
unless extended per Section 21.201.210 of the Zoning Ordinance.
3. Approval of CDP 97-60 is granted subject to the approval of SDP 97-27. CDP 9’
is subject to all conditions contained in Planning Commission Resolution No. L
for SDP 97-27.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days fiom July 1, 1998 to protest imposition of these fees/exactions. If yo1
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 proce
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely foll
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 7
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. 4323 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the T
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, Mc
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
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CARLSBAD PLANNING COMMISSION
ATTEST:
U- MICHAEL J. HOLZMKLER
Planning Director
PC RES0 NO. 4323 -4-