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HomeMy WebLinkAbout1998-11-04; Planning Commission; Resolution 44161 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. 4416 A RESOLUTION OF THE PLANNING COMMISSION OF THE crm OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. APARTMENT DEVELOPMENT IN AVIARA PLANNING AREA18 ONPROPERTYGENERALLYLOCATED ONTHE SOUTHEAST CORNER OF POINSETTIA LANE AND AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: JPI - AVIARA PLANNING AREA 18 - CASE NO.: CDP 98-43 WHEREAS, JPI Westcoast Development, L.P., “Developer”, ha: verified application with the City of Carlsbad regarding property owned by Avia Associates, L.P., “‘Owner”, described as CDP 98-43 TO ALLOW THE CONSTRUCTION OF A 288 UNIT Lots 1 and 2 of Carlsbad Tract CT 92-3, Phase 111, Unit 1, according to Map No. 13434, filed in the Office of the County Recorder on June 23,1997, in the City of Carlsbad, County of Sa12 Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “BB” dated November 4, 1998, on f Planning Department, JPI - AVIARA PA 18 - CDP 98-43 as provided by Chapter 2 1.2( the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of Novemb 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 tl and arguments, if any, of all persons desiring to be heard, said Commission considered a relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: 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 a 0 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the COI on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of JPI - AVIARA PA 18 - CDP 98- Findincs: 1. That the proposed development is in conformance with the Mello I segme: Certified L-oca1 Coastal Program and all applicable policies in that no prime agr lands exist on or near the site; all adjacent environmentally sensitive habl remain in their undisturbed state; no coastal access is or will be needed thl adjacent to the project site; erosion will be controlled by grading in con5 with City Standards; and no significant visual panoramas exist on or near tl 2. The project site is not located in the Coastal Agriculture Overlay Zone, accc Map X of the Land Use Plan, certified September 1980, and, therefore, is no to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.2( Zoning Ordinance). 3. The project is consistent with the provisions of the Coastal Resource PI Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the prc adhere to the City’s Master Drainage and Storm Water Quality Managem and Grading Ordinance to avoid increased runoff and soil erosion; no stec exist on the property; and the site is not prone to landslides or susce] accelerated erosions, floods or liquefactions. 4. The project site is not located between the sea and first public road parall 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 is consistent with the provisions of the Coastal Resource Over1 Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance) in additional. mitigation, as contained in the certified EIR for the Aviara Mas (EIR 83-02(A)), is needed and all required drainage and desiltation structur place and no grading is proposed. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co and modifications to the document(s) necessary to make them internally consiste conformity with final action on the project. Development shall occur substa shown in the approved Exhibits. Any proposed development different f approval, shall require an amendment to this approval. 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. ~ PC RES0 NO. 4416 -2- 1 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 3. Approval of CDP 98-43 is granted subject to approval of SDP 98-10. CDP 98- subject to all conditions contained in Planning Commission Resolution No. for SDP 98-10. 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 November 4, 1998 to protest imposition of these feedexaction: 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 Mar. 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 feesh 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. ... ... ... . .. ... ... I ... ... PC RES0 NO. 4416 -3- v 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 a PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 4th day of November, 199 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Nielsen, Savary, and Welshons NOES : ABSENT: ABSTAIN: .” 2 #/ ;I ’* ~.. . **: pi /.:7’-,. ,,3 -y-:i ,;. .,y f;/<.* !,L<\j r<3‘ $7 ~ !/&*..,; ’.. &.&&x&? ,+,? ,$ ;, ,< .:%9 &.-.i” %.e 3- :. x:.-*- I 9 +,, ,+ BAILEY -NO$&,- (7hai@k;soh CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOILZM~~ER Planning Director PC RES0 NO. 4416 -4-