HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 4740r
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PLANNING COMMISSION RESOLUTION NO. 4740
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT TO
ALLOW A SERVICE STATION, CAR WASH AND FOOD
MART ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST SIDE OF AVENIDA ENCINAS, SOUTH OF
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO.: CDP 99-35
9 WHEREAS, K. B. Narain, “Developer”, has filed a verified application with
10 City of Carlsbad regarding property owned by Donahue Schriber Realty Group, L. P. a
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Poinsettia Associates, “Owners”, described as
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Recorder’s File No. 88-140044 14
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WHEREAS, at said public hearing, upon hearing and considering all testimc 23
a duly noticed public hearing as prescribed by law to consider said request; and 22
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WHEREAS, said verified application constitutes a request for a Coas 16
(“the Property”); and 15
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact
Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Development Permit as shown on Exhibits “A” - “L” dated March 15, 2000, on file in
Planning Department, CHEVRON POINSETTIA VILLAGE - CDP 99-35 as provided
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, h
25 // relating to the CDP.
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27 Il NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
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 Commissi
RECOMMENDS APPROVAL of CHEVRON POINSETTIA VILLAGE
CDP 99-35 based on the following findings and subject to the followi
conditions:
Findings:
1. That the proposed development is in conformance with the Mello I Segment of I
Certified Local Coastal Program (LCP) and all applicable policies in that the site
designated as a commercial site and is consistent with the LCP Land Use Plan.
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7 2. The proposal is in conformity with the public access and recreation policies of Chapte
of the Coastal Act in that the project is located outside of the coastal shorelj
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development overlay zone. Therefore, compliance with the public access a
recreation policies of Chapter 3 of the Coastal Act is not required.
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3. The project is consistent with the provisions of the Coastal Resource Protecti
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project P
adhere to the City’s Master Drainage and Storm Water Quality Management PI
and Grading Ordinance to avoid increased runoff and soil erosion, no steep slol
or native vegetation is located on the subject property and the site is not located
an area prone to landslides, or susceptible to accelerated erosion, floods
liquefaction.
14 4. The project is not located in the Coastal Agriculture Overlay Zone, according to Map
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Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 16
Mitigation Fees are not required in accordance with the provisions of the Coa:
of the Land Use Plan, certified September 1990 and, Agricultural Conversi
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5. The project is not located between the sea and the first public road parallel to the sea a;
therefore, is not subject to the provisions of the Coastal Shoreline Development Over
Zone (Chapter 21.204 of the Zoning Ordinance).
Conditions:
1. The applicant shall apply for and be issued building permits for this project within t
(2) years of approval or this coastal development permit will expire unless extended
Section 21.201.210 of the Carlsbad Municipal Code.
23 2. This approval is granted subject to the approval of the Mitigated Negative Declarati
24 Mitigation Monitoring and Reporting Program, SDP 82-03(B), and CUP 99-15 i
is subject to all conditions contained in Planning Commission Resolutions 4737, 47
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4739 for those other approvals.
NOTICE
27 Please take NOTICE that approval of your project includes the “imposition” of fi
28 dedications, reservations, or other exactions hereafter collectively referred to for conveniencc
“fees/exactions.”
PC RES0 NO. 4740 -2-
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You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Secti
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 tim(
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 feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil
zoning, grading or other similar application processing or service fees in connection with t
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gik
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
9 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannj
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Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by I
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsen, Segal:
and Trigas
NOES: Commissioners L’Heureux and Welshons
ABSENT:
ABSTAIN:
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19 WILLIAM COMPAS, Chairperson
LJ! &?--
20 ll CARLSBAD PLANNING COMMISSION
21 /I ATTEST: 22 1-m. 23 MICHAEL J. HOMILLM
24 // Planning Director
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ll PC RES0 NO. 4740 -3 -