HomeMy WebLinkAbout1999-08-18; Planning Commission; Resolution 4611II e
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PLANNING COMMISSION RESOLUTION NO. 4611
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONSTRUCTION OF 73 SINGLE FAMILY HOMES ON
PROPERTY GENERALLY LOCATED WEST OF EL CAMINO
REAL, BETWEEN DOVE LANE AND CASSIA LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 2 1.
CASE NAME: LOHF PROPERTY
CASE NO.: CDP 99-01
COASTAL DEVELOPMENT PERMIT CDP 99-01 TO ALLOW
8 I/ WHEREAS, Lamco Housing, Inc., “Developer”, has filed a verified a
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with the City of Carlsbad regarding property owned by Lohf Family Trust, “Owner”,
as
Parcel 2 of Map No. 2244, filed in the Office of the County
Recorder on January 10, 1974, and the southern half of the
northeast quarter of Section 26, Township 12 South, Range 4
West, San Bernardino Meridian, all in the City of Carlsbad,
County of San Diego, State of California
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(“the Property”); and
WHEREAS, said verified application constitutes a request for I
17 11 Development Permit as shown on Exhibits “A” - “Q” dated August 18, 1999, on 1 18
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Planning Department, LOHF PROPERTY - CDP 99-01 as provided by Chapter 21.2
the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 18th day of Augu!
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WHEREAS, at said public hearing, upon hearing and considering all 23
hold a duly noticed public hearing as prescribed by law to consider said request; and
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and arguments, if any, of all persons desiring to be heard, said Commission considered i
relating to the CDP. 26
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Co
APPROVES LOHF PROPERTY CDP 99-01 based on the followin$
and subject to the following conditions:
Findinps:
1. That the proposed development is in conformance with the Certified Loca
Program and all applicable policies in that no prime agricultural lands exist 01
the site; all adjacent environmentally sensitive habitats will remain
undisturbed state; no coastal access is or will be needed through or adjace
project site; erosion will be controlled by grading in conformance with tl
Standards; and no significant visual panoramas exit on or near the site.
2. The proposal is in conformity with the public access and recreation policies of (
of the Coastal Act in that the site is located over 0.18 miles from Batiquitos
and over 0.53 miles from the Pacific Ocean and no coastal access areas ex
near the project site.
3. The project is not located in the Coastal Agriculture Overlay Zone, accc
Map X of the land Use Plan, certified September 1980 and, therefore, is no
to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.2C
Zoning Ordinance).
4. The project is consistent with the provisions 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 Managem
and Grading Ordinance to avoid increased runoff and soil erosion; no stef
are proposed for development; and the site is not prone to landslides or SUI
to accelerated erosions, floods or liquefactions.
5. The project site is not located between the sea and the first public road pi
the sea and, therefore, is not subject to the provisions of the Coastal S
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
6. The project is located in the Mello I1 segment of the Coastal Zone and, the1
not subject to the provisions of the Coastal Resource Overlay Zone Mello I I
Ordinance (Chapter 21.205 of the Zoning Ordinance).
Conditions:
1. This approval is granted subject to the approval of SDP 99-01 and is subjc
conditions contained in Planning Commission Resolution No. 4610 for tl
approval.
2. The applicant shall apply for and be issued building permits for this project wi
(2) years of approval or this coastal development permit will expire unless exte
Section 21.201.210 of the Zoning Ordinance.
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PC RES0 NO. 461 1 -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 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 Codc
66020(a), and file the protest and any other required infomation with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure 1
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 bt
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 18th day of August, 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Nielsen,
Segall
NOES: Commissioners Trigas and Welshons
ABSENT: Commissioner L’Heureux
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
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Planning Director
PC RES0 NO. 461 1 -3-