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HomeMy WebLinkAbout1995-02-01; Planning Commission; Resolution 3737e a 1 PLANNING COMMISSION RESOLUTION NO. 3737 2 3 4 5 6 7 8 ~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING THE PLANNING DIRECTOR’S DECISIONS TO DENY APPROVAL OF THE SITE PLAN AND REQUIRE A HILLSIDE DEVELOPMENT PERMIT FOR A PROPOSAL TO CONSTRUCT A 4,170 SQUARE FOOT HOUSE ON LOT NO 264 IN AVIARA PLANNING AREA 13 IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NO: DI 94-01 , APPLICANT: KAFFKA RESIDENCE 9 ll WHEREAS, a verified application for certain property to wit: 10 11 12 13 Lot 264 of the City of Carlsbad Tract 85-35, Aviara Phase I - Unit ‘ID”, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12412, filed in the Office of the County Recorder of San Diego, June 29, 1989. 14 15 l7 WHEREAS, said verified application constitutes an appeal from Site Plan 16 and approval denial (partially based upon the Planning Director’s decision to require a 18 Hillside Development Permit as provided by the General Plan, Local Coastal Program, 19 has been filed with the City of Carlsbad and been referred to the Planning Commission; I1 Aviara Master Plan (MP 177 including all amendments), and Section 21.53.230 of the 20 21 Carlsbad Municipal Code); and 22 WHEREAS, the Planning Director denied the application for Site Plan 23 25 WHEREAS, the Planning Commission did on the 18th day of January 24 approval on the 14th day of October, 1994; and 1995, and on the 1st day of February, 1995, consider said appeal of the Planning 26 27 28 Director’s denial; and .... .... ll e 0 $ 1 WHEREAS, at said hearing, upon hearing and considering all testimony 2 all factors relating to the appeal; and 3 and arguments, if any, of all persons desiring to be heard, said Commission considered 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 6 7 8 9 B) That based on the evidence presented at the public hearing, the Commission 10 11 DENIES, Discussion Item, DI 94-01, based on the following findings: Findings: 1. That the proposed project would allow construction of a house on portions of the parcel defined as "undevelopable", and on which development is prohibited by the 12 General Plan, the Aviara Master Plan, and Carlsbad Municipal Code 13 11 §21.53.230(~). 14 2. That the proposed project has not obtained a Hillside Development Permit which is required by Carlsbad Municipal Code s21.95.030 since development is 15 proposed on a hillside with a greater than 15 foot difference in elevation and a greater than 15 percent incline. 16 17 .... l8 I1 f... 19 I/ .... 20 11 .... 21 22 23 24 25 26 .... .... f... .... .... 27 28 .... PC RES0 NO. 3737 -2- I e 0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the 2 Monroy, Nielsen, Noble and Savary. 5 the following vote, to wit: 3 Planning Commission of the City of Carlsbad, held on the 1st day of February, 1995, by 4 AYES: Chairperson Welshons; Commissioners Comgas, Erwin, 6 7 NOES: None. ABSENT: None. 8 9 10 11 12 13 14 ABSTAIN: None. KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION l5 II 20 21 22 23 24 25 26 27 28 PC RES0 NO. 3737 -3-