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HomeMy WebLinkAbout1998-09-16; Planning Commission; Resolution 4380> e (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 PLANNING COMMISSION RESOLUTION NO. 4380 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF TAMARACK AVENUE BETWEEN GARFIELD STREET AND THE AT&SF RAILWAY LINES IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: LA VERCIA CONDOMINIUMS CASE NO.: CDP 98-3 1 WHEREAS, Baker and Farajzadeh Partnership, “Developer”, ha: verified application with the City of Carlsbad regarding pro;perty owned by Ea1 Farajzadeh Partnership, “Owner”, described as COASTAL DEVELOPMENT PERMIT NO. CDP 98-31 ON Lot 8, Block S, of Palisades, City of Carlsbad, according to Map 1803 filed on August 25,1924. (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “D” dated December 2, 1992, on fi Planning Department, LA VERCIA CONDOMINIUMS, CDP 98-31, as provided by 2 1.20 1.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of Septemb hold a duly noticed public hearing as prescribed by law to consider 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 E 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. m 0 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 B) That based on the evidence presented at the public hearing, the Con APPROVES LA VERCIA CONDOMINIUMS, CDP 98-31, based 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 a) the project site is a small, undc in-fill site which contains no Coastal Zone-designated prime or no agricultural lands; b) the project site contains no scenic resources; c) the been fully disturbed and contains no environmentally sensitive resources; dj is not near the shoreline and, therefore, is not required to provide shorelint e) a geotechnical study prepared for the project concludes that, when gr recommended, the project will not result in geologic instability or erosion: the site contains no 25% or greater slopes. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co and modifications to the Coastal Development Permit document(s) necessary them internally consistent and in conformity with final action on the Development shall occur substantially as shown in the approved Exhibits. Any I development different from this approval, shall require an amendment to this app: 2. The applicant shall apply for and be issued building permits for this projec two (2) years of approval or this coastal development permit will expirc extended per Section 21.201.210 of the Zoning Ordinance. 3. All of the conditions of approval contained in Planning Commission Resolutj 4218 (CT 91-07x1), 3469 (CT 91-07), and 3470 (CP 91-04) are incorporate( by reference and remain in effect. 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 from September 16, 1998, to protest imposition of these feedexact you 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 Man processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc 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/e DOES NOT APPLY to water and sewer connection fees and capacity charges, nor F PC RES0 NO. 4380 -2- D 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 a * 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the : Commission of the City of Carlsbad, California, held on the 16th day of September 199 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, S and Welshons NOES: ABSENT: Commissioners Nielsen and Monroy ABSTAIN: ,:' r ^, /' I ,, BAILEY NOBGE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4380 -3 -