HomeMy WebLinkAbout2009-12-16; Planning Commission; Resolution 66521 PLANNING COMMISSION RESOLUTION NO. 6652
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
RESCISSION OF SITE DEVELOPMENT PLAN SDP 04-07 FOR
4 THE DEVELOPMENT OF 30 CONDOMINIUM UNITS OF
WHICH 7 UNITS WILL BE MADE AVAILABLE TO VERY
LOW-INCOME HOUSEHOLDS AND 7 UNITS WILL BE
6 MADE AVAILABLE TO LOW-INCOME HOUSEHOLDS ON
PROPERTY GENERALLY LOCATED SOUTHEAST OF THE
7 INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE
IN THE MELLO II SEGMENT OF THE LOCAL COASTAL
8 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
9 ZONE 21.
CASE NAME: POINSETTIA PLACE
10 CASE NO.: SDP 04-07
H WHEREAS, Sierra Linda Development Company, "Developer," has filed a
12 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia
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Land Company, a California Limited Liability Co., "Owner," described as
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The north half of the southwest quarter of the southwest
quarter of Section 23, Township 12 south, Range 4 west, San
16 Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to the official plat thereof
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("the Property"); and18
j o WHEREAS, said verified application constitutes a request for a Site Development
20 Plan Amendment as shown on Exhibits "A" - "P" and "Al" - "A31" dated December 16,
21 2009, on file in the Planning Department, SDP 04-07(A) as provided by Chapter 21.06/Section
22 21.53.120 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on December 16, 2009 , hold a duly
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noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2° relating to the Site Development Plan Amendment.
WHEREAS, on November 15, 2006, the Planning Commission recommended
2 approval of, SDP 04-07, as described and conditioned in Planning Commission Resolution No.
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6194.4
WHEREAS, on December 19, 2006, the City Council approved, SDP 04-07, as
6 described and conditioned in Planning Commission Resolution No. 6194.
7 WHEREAS, the Site Development Plan (SDP 04-07) was initially required
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for the onsite provision of inclusionary housing pursuant to Carlsbad Municipal Code
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Chapter 21.85.
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WHEREAS, CT 04-10(A) is a revised project which no longer includes onsite
12 inclusionary housing and therefore no longer requires approval of a Site Development
13 Plan.
14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the forgoing evidence presented at the public hearing, the Planning
18 Commission RECOMMENDS RESCISSION of POINSETTIA PLACE -
19 SDP04-07(A).
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PC RESO NO. 6652 -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 fees/exactions
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 fees/exactions 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 December 16, 2009, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard,
Schumacher, and Chairperson Montgomery
MARTELL B. MONTG(pVlERY,
CARLSBAD PLANNING COMMl
ATTEST:
rson
SIGN
o4*x bu
DON NEU
Planning Director
PC RESO NO. 6652 -3-