HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 4670e 0
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PLANNING COMMISSION RESOLUTION NO. 4670
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
27(A) ON PROPERTY GENERALLY LOCATED SOUTH OF
5 IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: POINSETTIA SHORES
CASE NO.: CDP 98-27(A)
WHEREAS, Greystone Homes, “Owner/Developer”, has filed a verif
COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 98-
AVENIDA ENCINAS BETWEEN WTNDROSE CIRCLE AND I-
PLANNING AREA C
application with the City of Carlsbad regarding property described as
Those portions of Lots 1 and 2 and the street between said lots
as shown on Parcel 13653 in the City of Carlsbad, County of
San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, January 31,1985, as file no. 85-
033316 of official records, lying easterly of the northeasterly
line of Carlsbad Tract 85-14, Phase 1 (Batiquitos Lagoon
Educational Park) in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No.
11616, filed in the County Recorder of San Diego County,
September 12,1986.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coa:
Development Pennit as shown on Exhibits “A” - “EE” for CDP 98-27, dated January
1999, on file in the Planning Department, POINSETTIA SHORES PLANNING AREA C
CDP 98-27(A), as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of October, 19.
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 testimc
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
I ll 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 Commiss
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Findinys: 4 based on the following findings and subject to the following conditions:
APPROVE POINSETTIA SHORES PLANNING AREA C - CDP 98-27
requirements of the Poinsettia Shores Master Plan which is the approved LC
Program and all applicable policies in that the project complies with all applica 6
1. That the proposed development is in conformance with the Certified Local Coa 5
7 Coastal Program segment for the project site.
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2. Erosion control measures required by the City Engineer in accordance with the grad
permit issued by the City for the project will ensure slope stabilization and on-
retention of graded materials.
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Conditions:
1. CDP 98-27A is subject to all conditions contained in Resolutions No. 4460, 44
12 4462,4464, and 4463 except as modified herein.
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2. Grading activities may be extended to November 15th upon issuance of a grad
permit and only if all erosion control measures are in place at the commencemen
removed from the site by November 15,1999. 16
3. All grading operations shall be completed and all major grading equipment shall l5
grading.
17 11 NOTICE 18
Please take NOTICE that approval of your project includes the “imposition” of fees, dedicatic l9
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reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
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You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Secl
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tin
follow that procedure will bar any subsequent legal action to attack, review, set aside, void
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexacti
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannj
zoning, grading or other similar application processing or service fees in connection with
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi
a NOTICE similar to this, or as to which the statute of limitations has previously otherv
expired.
11 PC RES0 NO. 4670 -2-
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e e
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann
Commission of the City of Carlsbad, California, held on the 20th day of October, 1999, by
following vote, to wit: I
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AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, and Trigas
NOES:
ABSENT: Commissioner Welshons
ABSTAIN:
-. COURTNEY E. HEINEMAN, Chaimerson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4670 -3-