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-