HomeMy WebLinkAbout1998-12-16; Planning Commission; Resolution 4439-.
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PLANNING COMMISSION RESOLUTION NO. 4439
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT NO.
CDP 98-43 TO CREATE 90 AIRSPACE CONDOMINIUM
UNITS ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF POINSETTIA LANE AND
AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 19.
CASE NAME: BRINDISI
CASE NO.: CDP 97-46
WHEREAS, Brehm-Aviara I11 Development Associates, L.P., “Dt
has filed a verified application with the City of Carlsbad regarding property owned by
Aviara I11 Development Associates, L.P., “Owner”, described as
Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase I11 Unit
No. 1, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 13434, filed in the office
of the County Recorder of San Diego County, on June 23,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for :
Development Permit as shown on Exhibits “A” - “O”, dated December 16th, 1998,
the Planning Department, as provided by Chapter 21.201.040 of the Carlsbad Munici
and
WHEREAS, the Planning Commission did, on the 16th day of Decem
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
and arguments, if any, of all persons desiring to be heard, said Commission considered
relating to the CDP.
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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.
B) That based on the evidence presented at the public hearing, the Cc
RECOMMENDS APPROVAL of BRINDISI, CDP 97-46 based on the
findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello I segme
Certified Local Coastal Program and all applicable policies in that no prime agl
lands exist on or near the site; the very small amount of environmentally
habitat has already been mitigated as part of the Aviara Phase I11 pr
coastal access is or will be needed through or adjacent to the project site
will be controlled by grading in conformance with City Standards;
significant visual panoramas exist on or near the site.
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 na
to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.21
Zoning Ordinance).
3. The project is consistent with the provisions of the Coastal Resource P
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the pro
adhere to the City’s Master Drainage and Storm Water Quality Managem
and Grading Ordinance to avoid increased runoff and soil erosion; no stet
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 consistel
PC RES0 NO. 4439 -2-
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conformity with final action on the project. Development shall occur subst2
shown in the approved Exhibits. Any proposed development different
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this p
within two (2) years of approval or this Coastal Development Permit will (
unless extended per Section 21.201.210 of the Zoning Ordinance.
3. Approval of CDP 98-43 is granted subject to approval of LCPA 97- 10, MP 15
CT 97-1 7, and CP 98-10. CDP 98-43 is subject to all conditions contaiI
Planning Commission Resolutions No. 4435, 4437, 4441 and 4438 fa
Mitigated Negative Declaration and Mitigation Monitoring and Repc
Program, MP 1770, CT 97-17, and CP 98-10.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convt
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exa
you protest them, you must follow the protest procedure. set forth in Government Coc
66020(a), and file the protest and any other required information with the City M2
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set asidt
annul their 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
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 b
a NOTICE similar to this, or as to which the statute of limitations has previously
~ expired.
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PC RES0 NO. 4439 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 16th day of December 195
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, pl
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4439 -4-