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HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 45231 2 3 4 5 6 7 8 9 10 11 12 13 0 0 PLANNING COMMISSION RESOLUTION NO. 4523 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NUMBER CDP 97-55 TO DEVELOP 112 AIRSPACE CONDOS ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF CARLSBAD BOULEVARD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA PROPERTIES PLANNING CASE NO.: CDP 97-55 WHEREAS, Shea Homes Limited Partnership, “Owner and “Develo: AREA 8 filed a verified application with the City of Carlsbad regarding property, described as Portions of Lot 3 and the north 1/3 of Lot 4 of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, San Diego County, State of California l4 (“the Property”); and 15 16 17 18 19 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “EE” dated April 7, 1999, on fil Planning Department, POINSETTIA PROPERTIES PLANNING AREA 8, CDP 9 20 WHEREAS, the Planning Commission did, on the 7th day of April 199s 21 (1 duly noticed public hearing as prescribed by law to consider said request; and 22 II WHEREAS, at said public hearing, upon hearing and considering all te 23 24 25 26 Commission of the City of Carlsbad as follows: 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 28 and arguments, if any, of all persons desiring to be heard, said Commission considered a1 relating to the CDP. A) That the foregoing recitations are true and correct. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 B) That based on the evidence presented at the public hearing, the Corn RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLA AREA 8, CDP 99-55, based on the following findings and subjecl following conditions: Findinys: 1. That the proposed development is in conformance with the Certified Local Program and all applicable policies in that as designed and conditioned the F development does not obstruct public views of significant ocean horizon vic no agricultural activities, sensitive coastal resources, geologic instability or access opportunities exist on or adjacent to the project site. The st] placement and architecture of the single-family homes is consistent w applicable Residential Density Multiple Zone (R-DM-Q) and Specific Plan : sensitive coastal resources will be impacted by the proposed precise gra adequate drainage and erosion control measures have been incorporated project. 2. That the project is consistent with the Coastal Agriculture Overlay Zone in required agricultural mitigation fees will be paid prior to final map or issua grading permit, which ever occurs first, 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 Coastal Development Permit document(s) necessary them internally consistent and in conformity with final action on the Development shall occw substantially as shown in the approved Exhibits. Any I development different from this approval, shall require an amendment to this appl 2. The applicant shall apply for and be issued building permits for this prl within two (2) years of approval or this Coastal Development Permit will el unless extended per Section 21.201.210 of the Zoning Ordinance. 3. Approval of CDP 99-55 is granted subject to the approval of CT 97-22 and C1 09. CDP 99-55 is subject to conditions contained in Planning Commi! Resolutions No. 4526 and 4524 for CT 97-22 and CP 98-09. 4. Prior to final map or the issuance of a grading permit which ever occurs the applicant shall pay all required agricultural mitigation fees in accord with the provisions of the Coastal Agriculture Overlay Zone. 5. Grading is prohibited from October 1 to April 1. The City Engineer may pr an extension of the grading season until November 15, if all precautia measures regarding erosion, consistent with the City’s grading ordinance, been put in place. ... ~ ~ PC RES0 NO. 4523 -2- s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for convc “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 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 bc a NOTICE similar to this, or as to which the statute of limitations has previously c expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 7th day of April 1995 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, Savary, : Segall NOES: ABSENT: Commissioners L’Heureux, Nielsen and Welshons COURTNEY E. CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4523 -3 -