HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52281
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PLANNING COMMISSION RESOLUTION NO. 5228
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED AT 625 TAMARACK
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: TAMARACK FIVE SUBDIVISION
CASE NO.: CDP 01-48
WHEREAS, Newport Hills, Inc., “Developer”/“Owner” has filed a verified
COASTAL DEVELOPMENT PERMIT CDP 01-48 ON
application with the City of Carlsbad regarding property described as:
A portion of Tract 232 of Thum Lands in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 1681, filed in the office of the County Recorder of
San Diego County, December 9,1915.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibit “A” dated July 17, 2002, on file in the Planning
Department, TAMARACK FIVE SUBDIVISION - CDP 01-48 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of July, 2002, 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
APPROVES TAMARACK FIVE SUBDIVISION - CDP 01-48, based on the
following findings and subject to the following conditions:
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Findings:
1.
2.
3.
That the proposed development is in conformance with the Mello I1 segment of the
Certified Local Coastal Program and all applicable policies in that the site is designated
for single-family residential developments and the development is a 5 lot single-family
residential subdivision. No coastal agricultural lands, sensitive resources, geological
instability, flood hazard or coastal access opportunities exist onsite and the
development does not obstruct views of the coastline as seen from public lands or
public right-of-way or otherwise damage the visual beauty of the coastal zone.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will
adhere to the City’s Master Drainage Plan, Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and
Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased
urban run off, pollutants and soil erosion. No steep slopes or native vegetation is
located on the subject property and the site is not located in an area prone to
landslides, or susceptible to accelerated erosion, floods or liquefaction.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the shore. Therefore, the
project will not interfere with the public’s right to physical access to the sea and the site is
not suited for water-oriented recreational activities.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading permit or approval of final map, whichever occurs first.
1. This approval is granted subject to the approval of CT 01-17 and is subject to all
conditions contained in Planning Commission Resolutions No. 5226 and 5227 for
those other approvals.
2. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
4. All grading activities shall be planned in units that can be completed by October 1st.
Grading activities shall be limited to the “dry season”, April 1st to October 1st of each
year. Grading activities may be extended to November 15th upon written approval of the
City Engineer and only if all erosion control measures are in place by October 1st.
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PC RES0 NO. 5228 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of July, 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, White, and Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO~MIL~~R
Planning Director
PC RES0 NO. 5228 -3-