HomeMy WebLinkAbout1999-01-20; Planning Commission; Resolution 44630 0
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PLANNING COMMISSION RESOLUTION NO. 4463
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO
SUBDIVIDE 11.2 ACRES INTO 40 LOTS AND 56
CONDOMINIUMS ON PROPERTY GENERALLY LOCATED
SOUTH OF AVENIDA ENCINAS BETWEEN WINDROSE
CIRCLE AND 1-5 IN LOCAL FACILITIES MANAGEMENT
ZONE 9.
CASE NAME: POINSETTIA SHORES PLANNING
CASE NO.: CDP 98-27
WHEREAS, Greystone Homes, Inc., “Developer”, has filed a
AREA C
application with the City of Carlsbad regarding property owned by Greystone Horn
“Owner”, described as
Those portions of Lots 1 and 2 and the street between said lots
as shown on Parcel Map No. 13653 in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, January 31,1985 as
file no. 85-033316 of official records, lying easterly of the
northeasterly line of Carlsbad Tract 85-14, Phase 1 (Batiquitos
Lagoon Educational Park), in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No.
11616, filed in the County Recorder of San Diego County,
September 12,1986.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “EE” dated January 20, 1999,on fi
Planning Department, POINSETTIA SHORES PLANNING AREA C, CDP 98
provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of Januar
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all tc
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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
RECOMMENDS APPROVAL of POINSETTIA SHORES PLA
AREA C, CDP 98-27, based on the following findings and subjec
following conditions:
FindinEs:
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that the project complies with all ap
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 Developer to make, all COI
and modifications to the document(s) necessary to make them internally consistel
conformity with final action on the project. Development shall occur substan
shown in the approved Exhibits. Any proposed development different fi-c
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. Prior to the issuance of building permits, the applicant shall apply for
obtain a grading permit issued by the City Engineer.
4. All grading operations shall be limited to the period from April 1 to October
each year. All areas disturbed by grading shall be planted within 60 days ol
initial disturbance and prior to October 1 with temporary or permanent (in
case of finished slopes) erosion control methods.
5. Approval of CDP 98-27 is granted subject to the approval of the Nega
Declaration, CT 98-06, CP 98-05, and HDP 98-40. CDP 98-27 is subject tc
conditions contained in Resolutions 4460,4461,4462, and 4464.
PC RES0 NO. 4463 -2-
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a e
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convel
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexac
you protest them, you must follow the protest procedure set forth in Government Codc
66020(a), and file the protest and any other required information with the City Ma
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 aside,
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 1
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bt
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 20th day of January, 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Nielsen,
Savary, and Welshons
NOES:
ABSENT: Commissioner L’Heureux
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ABSTAIN:
ATTEST:
Planning Director 11 PC RES0 NO. 4463 -3-