HomeMy WebLinkAbout1999-03-17; Planning Commission; Resolution 4474n
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PLANNING COMMISSION RESOLUTION NO. 4474
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT NO.
CDP 97-51 TO ALLOW THE SUBDIVISION AND
CONSTRUCTION OF A 61 UNIT, SINGLE-FAMILY AIR-
SPACE CONDOMINIUM DEVELOPMENT ON PROPERTY
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
AVIARA PARKWAY AND BLACK RAIL ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 19..
CASE NAME: CRISTALLA - AVIARA PA 23
CASE NO.: CDP 97-51
WHEREAS, Brehm - Aviara Development Associates, L.P, “Develo
filed a verified application with the City of Carlsbad regarding property owned by
Aviara Development Associates, L.P, “Owner”, described as
Lots 138 and 139 of Carlsbad Tract No. 92-3, Aviara Phase 111,
Unit 6, according to Map No. 13512, filed in the Office of the
County Recorder on December 10, 1997, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “W” dated March 17, 1999 ,on fi
Planning Department, CRISTALLA - AVIARA PA 23 - CDP 97-51 as provided by
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of Februa
and on the 17th day of March, 1999, hold a duly noticed public hearing as prescribed 1
~ consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
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 COI
51 based on the following findings and subject to the following conditior
RECOMMENDS APPROVAL of CRISTALLA - AVIARA PA 23 -
Findincs:
1. That the proposed development is in conformance with the Certified Loca
Program and all applicable policies in that no agricultural lands exist on the I
all adjacent environmentally sensitive habitats will remain in their una
state; no coastal access is or will be needed through or adjacent to the pro
erosion will be controlled by grading in conformance with City Standards
significant visual panoramas will be affected by the development of Planni
23.
2. The project site is not located in the Coastal Agricultural Overlay Zone, a
to map X of the Land Use Plan, certified September, 1980, and, therefor
subject to the provisions of the Coastal Agriculture Overlay Zone (Chaptc
of the Zoning Ordinance).
3. The project is consistent with the provision of the Coastal Resource PI
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the pro,
adhere to the City’s Master Drainage and Storm Water Quality Managem1
and Grading Ordinance to avoid increased runoff and soil erosion; no stee
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 the first public road pa
the sea and, therefore, is not subject to the provisions of the Coastal SI
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
5. The project site is consistent with the provisions of the Coastal Resource
Zone Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance
the proposed density is less than seven (7) dwelling per acre; no ad
mitigation as contained in the certified EIR for the Aviara Master Plan (
02(A)) is needed; and all required drainage and desiltation structures are
and no grading is proposed.
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 consister
conformity with final action on the project. Development shall occur substan
PC RES0 NO. 4474 -2-
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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 projec
two (2) years of approval or this coastal development permit will expirl
extended per Section 21.201.210 of the Zoning Ordinance.
3. Approval of CDP 97-51 is granted subject to the approval of MP 177(X), LCPL
CT 97-20 and PUD 97-17. CDP 97-51 is subject to all conditions cont;
Planning Commission Resolutions No. 4470, 4471, 4472 and 4473 for MP
LCPA 97-11, CT 97-20 and PUD 97-17, respectively.
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 fees/exac
you protest them, you must follow the protest procedure set forth in Government Cod<
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 t
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 p
zoning, grading or other similar application processing or service fees in connection I
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bel
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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PC RES0 NO. 4474 -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 17th day of March, 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
‘J MICHAEL J. HOLZMILYER
Planning Director
PC RES0 NO. 4474 -4-