HomeMy WebLinkAbout1999-09-15; Planning Commission; Resolution 4623t
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PLANNING COMMISSION RESOLUTION NO. 4623
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ON PROPERTY GENERALLY LOCATED ADJACENT TO EL
CAMINO REAL JUST SOUTH OF CASSIA ROAD IN LOCAL
FACILITIES MANAGEMENT ZONES 21 AND 10.
CASE NAME: MANZANITA APARTMENTS
CASE NO.: CDP 98-73
WHEREAS, Manzanita Partners, LLC, “De~eloper~~, has filed a
COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-73
application with the City of Carlsbad regarding property owned by Bons Revocable
Trust and Manzanita Partners, LLC, “Owners”, described as
a portion of the NE and SE % of the SW ?4 of Section 23, T12S,
R4W, SBM, County of San Diego
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “X” dated September 15, 1999,on fil
Planning Department, MANZANITA APARTMENTS, CDP 98-73 as provided by
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of Septembel
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all ter
and arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Corn
APPROVES MANZANITA APARTMENTS, CDP 98-73 based
following findings and subject to the following conditions:
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Findings:
1. That the proposed development is in conformance with the Certified Loca
Program and all applicable policies in that the project complies with all a
requirements of the Mello I and Mello I1 segments of the Local Coastal
and with all applicable policies regarding preservation of environmentally
habitat areas.
2. The proposal is in conformity with the public access and recreation policies of
of the Coastal Act in that no public access points or recreations areas are re
the project.
3. That a soils investigation was conducted and determined that the site slope :
stable and that grading/development impacts are mitigable for at least 75
the life of the structure.
4. That slope disturbance will not result in substantial damage or alteration
wildlife habitat or native vegetation in that the project is designed to ch
development so that the sensitive habitat is preserved in an open space (
and the small amount of encroachment into steep slopes is limited to the
allowed by the applicable Coastal Zone regulations.
5. That all environmental impacts will be mitigated pursuant to the Mitigal
and Monitoring Report approved as part of the project.
6. That the maximum density of development of the project shall be 7 units 1
acre, and the density of the proposed project is 3.9 units per gross acre.
7. That the underlying zoning shall be either P-C or RD-M and the underly
proposed is RD-M.
Conditions:
1. The applicant shall apply for and be issued building permits for this project v
two (2) years of approval or this coastal development permit will expire t
extended per Section 21.201.21 0 of the Zoning Ordinance.
2. Prior to the issuance of building permits, the applicant shall apply for and ob
grading permit issued by the City Engineer.
3. Approval of CDP 98-73 is granted subject to the approval of the Mitigated Neg
Declaration and Mitigation Monitoring and Reporting Program and ZC 9
LCPA 98-06, SDP 98-19, SUP 98-06, and HDP 98-18, and the parcel map (
line adjustment which consolidates the two western parcels, and is subject
conditions contained in the Mitigated Negative Declaration and the Mitig
Monitoring and Reporting Program and Planning Commission Resolution:
4617,4618,4619,4620,4621, and 4622, and the City Engineer’s approval a
~ parcel map or lot line adjustment. i ...
PC RES0 NO. 4623 -2-
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FindinPs:
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that the project complies with all ay
requirements of the Mello I and Mello I1 segments of the Local Coastal 1
and with all applicable policies regarding preservation of environmentally
habitat areas.
2. The proposal is in conformity with the public access and recreation policies of (
of the Coastal Act in that no public access points or recreations areas are req
the project.
3. That a soils investigation was conducted and determined that the site slope a
stable and that grading/development impacts are mitigable for at least 75
the life of the structure.
4. That slope disturbance will not result in substantial damage or alteration 1
wildlife habitat or native vegetation in that the project is designed to ch
development so that the sensitive habitat is preserved in an open space e
and the small amount of encroachment into steep slopes is limited to the
allowed by the applicable Coastal Zone regulations.
5. That all environmental impacts will be mitigated pursuant to the Mitigatj
and Monitoring Report approved as part of the project.
6. That the maximum density of development of the project shall be 7 units p
acre, and the density of the proposed project is 3.9 units per gross acre.
7. That the underlying zoning shall be either P-C or RD-M and the underly
proposed is RD-M.
Conditions:
1. The applicant shall apply for and be issued building permits for this project P
two (2) years of approval or this coastal development permit will expire u
extended per Section 21.201.210 of the Zoning Ordinance.
2. Prior to the issuance of building permits, the applicant shall apply for and ob1
grading permit issued by the City Engineer.
3. Approval of CDP 98-73 is granted subject to the approval of the Mitigated Neg
Declaration and Mitigation Monitoring and Reporting Program and ZC 9
LCPA 98-06, SDP 98-19, SUP 98-06, and HDP 98-18, and the parcel map (
line adjustment which consolidates the two western parcels, and is subject
conditions contained in the Mitigated Negative Declaration and the Mitig
Monitoring and Reporting Program and Planning Commission Resolution
4617,4618,4619,4620,4621, and 4622, and the City Engineer’s approval c
parcel map or lot line adjustment.
4. CDP 98-73 is not valid until LCPA 98-06 is effectively certified by the Cali5
PC RES0 NO. 4623 -2-
Coastal Commission.
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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 feedexac
you protest them, you must follow the protest procedure set forth in Government Cod1
66020(a), and file the protest and any other required information with the City Mal
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 feed
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 15th day of September,
the following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heure
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
t
Q-
MICHAEL J. HWZMI&R
Planning Director ]I PC RES0 NO. 4623 -3-