HomeMy WebLinkAbout1999-03-17; Planning Commission; Resolution 4515v 1
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PLANNING COMMISSION RESOLUTION NO. 4515
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
NUMBER CDP 98-38 ON PROPERTY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF AVENIDA
ENCINAS AND POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: POINSETTIA PROPERTIES PLANNING
CASE NO.: CDP 98-38
WHEREAS, HSL/BP Michan, L.P., “Owner” and “Developer”, ha
AREA 5
verified application with the City of Carlsbad regarding property described as
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.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “M” dated March 17, 1999,on fi
Planning Department, POINSETTIA PROPERTIES PLANNING AREA 5, CDP !
provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of March 15
a duly noticed public hearing as prescribed by law to consider said request; and
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 a1
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
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
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLr
AREA 5, CDP 98-38, based on the following findings and subjel
following conditions:
FindinEs:
1. That the proposed development is in conformance with the Certified Loca
Program and all applicable policies in that as designed and conditioned the 1
development does not obstruct public views of significant coastal resource
agricultural activities, sensitive coastal resources, geologic instability 01
access opportunities exist on or adjacent to the project site. The SI
placement and architecture of the single-family homes is consistent 1
applicable Residential Density Multiple Zone (Z-DM-Q) and Specific Plan
sensitive coastal resources will be impacted by the proposed precise grad
adequate drainage and erosion control measures have been incorporated
project.
2. The project site is located in the Coastal Agriculture Overlay Zone, according ts
of the Land Use Plan, certified in September, 1980. The project is consistent
overlay zone in that the project has been conditioned to pay agriculture mitigatiol
3. The Planning Commission has reviewed each of the exactions imposed on the C
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exter
degree of the exaction is in rough proportionality to the impact caused by the pro
4. That the project is consistent with the Coastal Agriculture Overlay Zone, il
required agricultural mitigation fees will be paid prior to issuance of
stockpile permit or a grading permit in accordance with the provision:
Overlay Zone and the Poinsettia Properties Specific Plan
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 substar
shown in the approved Exhibits. Any proposed development different fi
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this projec
24 months of approval or this coastal development permit will expirt
extended per Section 21.201.210 of the Zoning Ordinance.
3. Approval of CDP 98-38 is granted subject to the approval of SDP 98-09. CC
is subject to all findings and conditions contained in Planning Con:
Resolution No. 4514 for SDP 98-09.
PC RES0 NO. 45 15 -2-
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4. Prior to the issuance of either a grading permit or a stockpile permit, the :
shall pay all required agricultural mitigation fees in accordance with the p
of the Coastal Agriculture Overlay Zone.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feesjexac
you protest them, you must follow the protest procedure set forth in Government Cod1
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
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 feed
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.
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PC RES0 NO. 45 15 -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:
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COURTNEY E. HENMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 45 15 -4-