HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4505II /I 0 e
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PLANNING COMMISSION RESOLUTION NO. 4505
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO BRING THE
DESIGNATIONS ON THE LOCAL COASTAL PROGRAM,
GENERAL PLAN, AND ZONING MAP INTO
CONFORMANCE ON PROPERTY LOCATED AT THE
NORTHEAST CORNER OF BLACK RAIL ROAD AND
FUTURE POINSETTIA LANE.
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO: LCPA 98-01
WHEREAS, California State law requires that the Local Coastal
General Plan, and Zoning designations for properties in the Coastal Zone be in conformi
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a 1 application for an amendment to the Local Coastal Program designations regarding
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14 owned by Arie De Jong, Jr. Family Trust, “Owner”, described as
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Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof
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WHEREAS, said verified application constitutes a request for a Local 19
(“the Property”); and
Program Amendment as shown on Exhibit(s) “LCPA 98-01” according to Exhibit LC
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01 attached to Planning Commission Resolution No. 4505, dated April 7,1999 as prc
/I Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Divisic 23
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on the 7th day of April 1999, hold a duly noticed public hearing as prescribed by law to 27
WHEREAS, the Planning Commission did on the 17th day of March 1 26
Administrative Regulations; and
Title 14 of the California Code of Regulations of the California Coastal Con
28 said request; and
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WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission considered 2
relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review I
any amendment to the Local Coastal Program.
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) At the end of the State mandated six week review period, starting on Jan
1999, and ending on March 4, 1999, staff shall present to the City <
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Cor
RECOMMENDS APPROVAL of DE JONG RESIDENTIAL PRC
LCPA 98-01 based on the following findings, and subject to the fl
conditions:
Findings:
1. That the proposed Local Coastal Program Amendment is consistent with all a]
policies of the Mello I1 segment of the Carlsbad Local Coastal Program, in that
steep slopes containing sensitive habitat will be designated as open space
preserved thereby complying with policies regarding the preservation 1
slopes.
2. That the proposed amendment to the "ello I1 segment of the Carlsbad Local
Program is required to bring the designations of the City' General Plan L
Map, Zoning Map (as amended) , and Mello I1 Land Use Plan into conforms
Conditions:
1. Approval of LCPA 98-01 is granted subject to the approval of the Mitigated 1
Declaration and Mitigation Monitoring and Reporting Program and Z(
LCPA 98-01 is subject to all conditions contained in the Mitigated 7
Declaration and Mitigation Monitoring and Reporting Program and ZC 98-1
i PC RES0 NO. 4505 -2-
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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/exal
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 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
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.
PASSED, APPROVED AND ADOPTED at a regular meeting to the
Commission of the City of Carlsbad, held on the 7th day of April 1999, by the followin
wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
I 11 PC RES0 NO. 4505 -3 -
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v LOCAL COASTAL PROGRAM
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LCPA: 98-C
draft [XI final
I I
Project Name:Dejong Residential Project I Related Case File No(s):
Property/Legal Description(s): Being a portion of Lot 2 of ZC 98-02/CT 98-05/HDP 98-03/CDP 98-26N 98-
Section 22, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California according to the
official plat thereof.
LCPA Map Designation Change Approvals
Property Council Approval Date: To : From:
A. 21 5-080-31 Resolution No: R-l-7,500-Q & OS L-c
B.
Signature: C.
Effective Date:
D.
Attach additional pages if necessary