HomeMy WebLinkAbout1999-07-07; Planning Commission; Resolution 4585I 0 0
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PLANNING COMMISSION RESOLUTION NO. 4585
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF CARLSBAD BOULEVARD AND
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 22.
CASE NAME: POINSETTIA PROPERTIES PLANNING
CASE NO.: CDP 99-03
WHEREAS, Fieldstone Communities, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned Shea Homes, LP, “
NUMBER CDP 99-03 TO DEVELOP 117 AIRSPACE CONDOS
AREA 7
described as:
Portions of Lots 2 and 3, and the East Half of Northeast
Quarter in Section 29, Township 12 South, Range 4 West, San
Bernardino Meridian, City of Carlsbad, San Diego County,
State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “11” dated July 7, 1999, on file in the I
Department, POINSETTIA PROPERTIES PLANNING AREA 7, CDP 99-03, as pro7
Chapter 2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of July 1999
duly noticed public hearing as prescribed by law to 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
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 Cor
RECOMMENDS APPROVAL of POINSETTIA PROPERTIES PLP
AREA 7, CDP 99-03, based on the following findings and subjec
following conditions:
Findinm
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that as designed and conditioned the I
development does not obstruct public views of significant ocean horizon vi1
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 v
applicable Residential Density Multiple Zone (RDM-Q) and Specific Plan 1
sensitive coastal resources will be impacted by the proposed precise grr
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 COI
and modifications to the Coastal Development Permit document(s) necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any I
development different from this approval, shall require an amendment to this appr
2. The applicant shall apply for and be issued building permits for this projea
two (2) years of approval or this Coastal Development Permit will expin
extended per Section 21.201.210 of the Zoning Ordinance.
3. Approval of CDP 99-03 is granted subject to the approval of CT 99-02 and C1
CDP 99-03 is subject to conditions contained in Planning Commission Resoluti
4583 and 4584 for CT 99-02 and CP 99-02.
4. Prior to final map or the issuance of a grading permit which ever occurs f;
applicant shall pay all required agricultural mitigation fees in accordance \
provisions of the Coastal Agriculture Overlay Zone.
5. Grading is prohibited from October 1 to April 1. The City Engineer may pe
extension of the grading season until November 15, if all precautionary m
regarding erosion, consistent with the City's grading ordinance, have been
place.
~ PC RES0 NO. 4585 -2-
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3 dedications, reservations, or other exactions hereafter collectively referred to for conve~
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NOTICE
Please take NOTICE that approval of your project includes the “imposition”
“fees/exactions.”
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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 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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
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 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 o
expired.
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14 Il PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
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16 following vote, to wit:
Commission of the City of Carlsbad, California, held on the 7th day of July 1999,
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I AYES: Chairperson Heineman, Commissioners Compas, L’Heureu
Nielsen, Segall, Trigas, and Welshons
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20 ABSENT:
NOES:
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24 11 CARLSBAD PLANNING COMMISSION
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26 ATTEST:
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28 MICHAEL J. HO%MIL!&R
Planning Director
PC RES0 NO. 4585 -3-