HomeMy WebLinkAbout1999-03-03; Planning Commission; Resolution 4487*
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I I/ PLANNING COMMISSION RESOLUTION NO. 4487
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
ACRES INTO FIVE DEVELOPABLE LOTS ON PROPERTY
LOCATED AT THE NORTHWEST CORNER OF AVENIDA
ENCINAS AND POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 22
CASE NAME: POINSETTIA PROPERTIES MASTER
DEVELOPMENT PERMIT NO. CDP 97-1 6 TO SUBDIVIDE 55.6
TENTATIVE MAP
CASE NO.: CDP 97-16
WHEREAS, HSL/BP Michan L.P., “Owner” and “Developer”, ha
lo I1 verified application with the City of Carlsbad regarding property described as
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Portions of the East Half of Section 29 and the west half of Section
28, Township 12 south, Range 4 west, San Bernardino Base and
Meridian, in the City of Carlsbad, County of San Diego.
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14 (“the Property”); and
15 11 WHEREAS, said verified application constitutes a request for a
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Development Permit as shown on Exhibits “A” - “C” dated March 3, 1999, on fi
Planning Department, POINSETTIA PROPERTIES MASTER TENATIVE MAP,
16 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
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20 WHEREAS, the Planning Commission did, on the 3rd day of March, 1
21 a duly noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all t
23 11 and arguments, if any, of all persons desiring to be heard, said Commission considered 2
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relating to CDP 97-16;
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 COI
APPROVES POINSETTIA PROPERTIES MASTER TENTATIk
CDP 97-16 based on the following findings and subject to the I
conditions:
Findinps:
1. That the proposed development is in conformance with the Mello I1 segme~
Certified Local Coastal Program (LCP) and all applicable policies in that the I
subdivision is for financial purposes only and no development will occu:
time, therefore, the subdivision will not obstruct public views of significan
resources. No sensitive coastal resources will be impacted by the I
subdivision. Grading and adequate drainage and erosion control measure:
incorporated into the future project reviews and approvals.
2. The project site is located in the Coastal Agriculture Overlay Zone, acco.
Map X of the Land Use Plan, certified September, 1980. The project is c(
with the overlay zone in that all required agricultural mitigation fees will
concurrently with each future tentative tract map or site development
accordance with the provisions of the overlay zone and the Poinsettia Pr
Specific Plan.
3. The Planning Commission has reviewed the viewshed analysis submitted
applicant and determined that future development of the subject site will no
significant impacts to ocean horizon views for the traveling public. There
views of the ocean horizon across Parcels A and B for the public travt
Interstate 5. The ocean horizon views across Parcel C are of only a 1-2
duration for the public traveling north or south on Interstate 5.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the document(s) necessary to make them internally consister
conformity with final action on the project. Development shall occur substan
shown in the approved Exhibits. Any proposed development different fic
approval, shall require an amendment to this approval.
2. Approval of CDP 97-16 is granted subject to the approval of CT 97-10. CDP '
subject to all conditions contained in Planning Commission Resolution No 4485
97-10.
3. If any of the foregoing conditions fail to occur; or if they are, by their term:
implemented and maintained over time, if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the
revoke or modi& all approvals herein granted; deny or hrther condition issuanc
future building permits; deny, revoke or further condition all certificates of oc(
PC RES0 NO. 4487 -2-
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issued under the authority of approvals herein granted; institute and prosecute
to compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s ap
this Coastal Development Permit.
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 fi-om March 3, 1999 to protest imposition of these feedexactions
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 Mal
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 fees/€
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 1
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.
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PC RES0 NO. 4487 -3-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the :
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following vote, to wit: 3
Commission of the City of Carlsbad, California, held on the 3rd day of March, 1995
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AYES: Chairperson Heineman, Commissioners Compas, Nielsen,
Savary, and Welshons
6 NOES:
7 ABSENT: Commissioner L’Heureux
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l3 ATTEST:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
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