HomeMy WebLinkAbout1999-09-15; Planning Commission; Resolution 4619”*
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PLANNING COMMISSION RESOLUTION NO. 4619
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL, OF AN AMENDMENT TO THE CA€USBAD
LOCAL COASTAL PROGRAM TO BRING THE LOCAL
COASTAL PROGRAM AND ZONING MAP INTO
CONFORMANCE ON PROPERTY LOCATED ADJACENT TO
EL CAMINO REAL JUST SOUTH OF CASSIA ROAD.
CASE NAME: MANZANITA APARTMENTS
CASE NO: LCPA 98-06
WHEREAS, California State law requires that the Local Coastal
General Plan, and Zoning designations for properties in the Coastal Zone be in conform
WHEREAS, Manzanita Partners, LLC, “Developer”, has filed i
application for an amendment to the Local Coastal Program zoning designations
property owned by Bons Revocable Living Trust and Manzanita Partners, LLC, ‘
described as
A portion of the NE and SE ?4 of the SW 54 of Section 23, T12S,
R4W, SBM, County of San Diego.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Loci
Program Amendment as shown on Exhibit “AA” dated September 15, 1999 ai
Planning Commission Resolution No. 4618, MANZANITA APARTMENTS - LCPA
provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, (
Division 5.5 of Title 14 of the California Code of Regulations (the Californi
Commission Administrative Regulations); and
WHEREAS, the Planning Commission did on the 15th day of Septeml
hold a duly noticed public hearing as prescribed by law to consider said request; and
...
‘B ll 0 0 ..
-” 1 WHEREAS, at said public hearing, upon hearing and considering all t
2 I/ and arguments, if any, of all persons desiring to be heard, said Commission considered i
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4 relating to the Local Coastal Program Amendment.
5 II WHEREAS, State Coastal Guidelines requires a six week public review 1
6 any amendment to the Local Coastal Program.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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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
1999 and ending on July 3, 1999, staff had received no public cornel
proposed Local Coastal Program Amendment.
C) That based on the evidence presented at the public hearing, the Co
RECOMMENDS APPROVAL of MANZANITA APARTMENTS I
06 based on the following findings, and subject to the following conditio I
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15 11 Findinm:
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1. That the proposed Local Coastal Program Amendment meets the requirements
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicabl
of the Mello I and Mello I1 segments of the Carlsbad Local Coastal Program,
amended by this amendment, in that steep slopes containing sensitive habit:
designated as open space and will be preserved, thus complying witl:
regarding the preservation of steep slope areas.
2. That the proposed amendment to the Mello I and Mello I1 segments of the
Local Coastal Program is required to bring the designations of the City’s ZOI
and the Mello I and Mello I1 Local Coastal Program segments into conform
Conditions:
1. Approval of LCPA 98-06 is granted subject to the approval of the
Negative Declaration and Mitigation Monitoring and Reporting Progran
98-09, SDP 98-19, SUP 98-06, HDP 98-18, and CDP 98-73, and the parcel r
line adjustment which consolidates the two western parcels, and is subj
conditions contained in the Mitigated Negative Declaration and the b
Monitoring and Reporting Program and Planning Commission Resolu
4617, 4618, 4620, 4621, 4622, and 4623, and the City Engineer’s appro!
parcel map or lot line adjustment.
11 PC RES0 NO. 4619 -2-
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2. CDP 98-73 is not valid until LCPA 98-06 is effectively certified by the (
Coastal Commission.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conv
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exa
you protest them, you must follow the protest procedure set forth in Government Coc
66020(a), and file the protest and any other required information with the City Mz
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 asidc
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 fees/exactions of which you have previously k
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 15th day of September, 1999, by the
vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heurc
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
CARLSBAJI PLANNING COMMISSION
ATTEST:
I
~ Planning Director
PC RES0 NO. 4619 -3 -