HomeMy WebLinkAbout1998-08-05; Planning Commission; Resolution 4306I-
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PLANNING COMMISSION RESOLUTION NO. 4306
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED ON THE NORTHWEST
SIDE OF AVENIDA ENCINAS AND IMMEDIATELY EAST
OF THE AT&SF RAILWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 9.
CASE NAME: POINSETTIA SHORES AREA D
CASE NO. : CDP 97-48
WHEREAS, Kaka Poinsettia Corporation, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Kaiza PC
Corporation, “Owner”, described as
COASTAL DEVELOPMENT PERMIT NO. CDP 97-48 ON
Lot 8 of Carlsbad Tract No. 94-01, Poinsettia Shores Unit 1, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 13181, filed in the office of the
County Recorder of San Diego County, on January 26,1995
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “L” dated August 5, 1998 on fi
Planning Department, POINSETTIA SHORES AREA D, CDP 97-48 as provided by
2 1.20 1.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of July 199
the 5th day of August 1998 hold a duly noticed public hearing as prescribed by law to
said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
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:
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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 Cor
APPROVES POINSETTIA SHORES AREA D, CDP 97-48 basec
following finding 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 complies with all a€
requirements of the Poinsettia Shores Master Plan which is the approved
zone land use implementation document for the project site.
Conditions:
1. Staff is authorized and directed to make, or require the Developer to make, all co
and modifications to the Coastal Development Permit documents, as necessary
them internally consistent and in conformity with the final action on the
Development shall occur substantially as shown in the approved Exhibits. Any .
development different from this approval shall require an amendment to this appr
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. Prior to the issuance of building permits, the applicant shall apply for
obtain a grading permit issued by the City Engineer.
4. Approval of CDP 97-48 is granted subject to the approval of CT 97-19 and C1
06. CDP 97-48 is subject to all conditions contained in Planning Commi!
Resolutions No. 4304 and 4305 for CT 97-19 and CP 97-06.
NOTICE
Please take NOTICE that approval of your project includes “imposition” of the follow
dedications, reservations, or other exactions. All fees herein imposed are payable at
Permit issuance, except Drainage Fees, which are paid prior to final map approval. The
set forth below are estimates; the final, actual amount due may vary, depending on tl.
formula variables, including the fee itself, at time of payment. The City reserves the
modify the fee, dedication, reservation, exaction, or an element thereof, to the extent p
by law.
You have 90 days fiom August 5, 1998, as defined by the Code of Civil Procedure
Notice pursuant to Carlsbad Municipal Code Section 1.16.010(f), to protest imposition
fee/exactions. If you protest them, you must follow the protest procedure set
Government Code Section 66020(a), and file the protest and any other required informal
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PC RES0 NO. 4306 -2-
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the City Manager for processing in accordance with Carlsbad Municipal Code Section C
Failure to timely follow that procedure will bar any subsequent legal action to attack, re
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees and t
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 or exactions of which you have previou:
given a NOTICE similar to this, or as to which the statute of limitations has prl
otherwise expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
Commission of the City of Carlsbad, California, held on the 5th day of August, 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, Iv"
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
I
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BAILEY NOE$E, Chairperson
CARLSBAD PLANNING COMMISSION
~
~ ATTEST:
Planning Director
1 PC RES0 NO. 4306 -3 -