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HomeMy WebLinkAbout1994-01-19; Planning Commission; Resolution 36160 e 1 2 3 4 5 6 71 ~ PLANNMG COMMISSION RESOLUTION NO. 3616 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ALLOWING THE PLACEMENT OF A TEMPORARY REAL ESTATE OFFICE WITHIN AVIARA PLANNING AREA 13 (AVIARA POINT) IN PHASE I OF THE AVIARA MASTER PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD, ON THE WEST SIDE OF AVIARA Dm, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AvlARA POINT SALES TRAILER CASE NO: PCD 93-03 €3 WHEREAS, a verified application has been filed with the City of Carlsbad an( 9 referred to the Planning Commission; and 10 11 12 13 14 15 described as: WHEREAS, said verified application constitutes a request as provided by Titl 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planninl Commission did, on the 19th day of January, 1994, consider said request on propeq 16 17 18 Lot 286 of Carlsbad Tract 85-35, Aviara Phase I Unit D in the City of Carlsbad, County of San Diego, according to Map No. 12412, filed on June 29, 1989 in the Office of the County Recorder, County of San Diego, State of California. 19 I WHEREAS, at said meeting, upon hearing all testimony and arguments, 3 2o 1 any, said Commission considered all factors relating to PCD 93-03. 21 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior of the City of Carlsbad as follows: 23 24 A) That the foregoing recitations are true and correct. 25 26 B) That based on the evidence presented at the meeting, the Commission APPROVES PCD 93-03, based on the following findings and subject to the following conditions: 27 11 28 I1 e e 1 2 3 4' ~ Findinns: 1. There exists an exceptional circumstance in the placement of the Aviara Point sale trailer because the master plan development and subsequent lot sales are on : significantly longer time scale than found in a typical, newly created residentia s~bdivision, thereby suggesting that a trailer may be initially placed on a maste plan subdivision later than one year from recordation. 5 2. The placement of the Aviara Point sales trailer is necessary at this time in order tc ineffectiveness of the information center in Planning Area 23 and various sumel 6 compete in the existing local and regional housing market, as evidenced by tht 7 data. 8 3. 9 10 11 12 13 14 4. The placement of the sales trailer within Aviara Point will not be materially o aesthetically detrimental to public welfare since the temporary sales office wiU b placed on private property, will be skirted, landscaped, and complimented wit& B trellis entry, and will be accessible to handicapped individuals. The proposed sale trailer will not be injurious to property or improvements since the trailer will b located 25 feet from the private sidewalk and street and placed upon a temporaq foundation The General Plan will not be adversely affected by the placement of the temporaq sales office in Aviara Point because virtually no goals, objectives, or policie contained within the General Plan apply to such a specific event. 15 17 1. Approval is granted for PCD 93-03, as shown on Exhibit "A", dated January 19, 16 Conditions: 1994, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these l8 /I conditions. 19 I 2. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 20 22 permit issuance. from weeds, trash, and debris. 21 3. All landscaped areas shall be maintained in a healthy and thriving condition, free 23 24 25 26 nN 4. All landscaping shall be designed and installed in accordance with the city's Landscape Manual, and shall be at a minimum that shown on Exhibit "A", dated January 19,1994. The conformance of the project landscaping with the Landscape Manual shall be verXed prior to the issuance of a Certificate of Occupancy for the temporary sales trailer. PC RES0 NO. 3616 -2- G1 I1 28 II ll 0 I1 1 2 3 4 5 5. Any signs proposed for this development shall at a minimum be designed i] conformance with the City's Sign Ordinance and shall require review and approva of the Planning Director prior to installation of such signs. 6. Building identification and/or addresses shall be placed on all new and existin; buildings so as to be plainly visible from the street or access road; color c identification and/or addresses shall contrast to their background color. 6 7 7. The developer shall display a current Zoning and Land Use Map in the sales officc at all times, or suitable alternative to the satisfaction of the Planning Director. 8. All sales maps that are distributed or made available to the public shall include bu a not be limited to trails, future and existing schools, parks, and streets. 9 9. 10 11 12 13 14 15 10. This Planning Commission Determination is void in a period of one year from thi date of this action. Operation of the temporary sales trailer must cease on or Mor( January 19, 1995 unless the Planning Commission, for good cause shown, shal allow a longer period of time, up to one year per application thereof, for such use The procedure for applying for such a longer period of time for such use shall be thc same as that for a variance under Chapters 21.50 and 21.53 of the carlsbac Municipal Code. Prior to occupation of the trailer or any use of the trailer related to real estate sales a building permit and Certificate of Occupancy must be obtained fkom the Carlsbac Building Department. 3.6 .... 17 18 19 .... .... 2011 ...- 211 --.. 22 .... 23 .... 24 25 .... 2611 "" 27 // PC RESO NO. 3G16 -3- 28 .c I1 a e 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannil 2 the following vote, to wit: 3 Commission of the City of Carlsbad, California, held on the 19th day of January, 1994,t 4 5 6 7 8 9 10 11 AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Nobl Welshons, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING COMMISSION 12 13 14 15 ATTEST: l6 It PLANNING DIRECTOR I.7 I 18 19 2o I 21 22 23 24 25 26 27 28 i PC RESO NO. 3616 -4- ~