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HomeMy WebLinkAbout1995-08-16; Planning Commission; Resolution 3794v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 I P e PLANNING COMMISSION RESOLUTION NO. 3794 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR AMENDMENT TO A PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED WEST OF THE FUTURE EXTENSION OF CALLE ACERVO AND SOUTH OF ENCINITAS CREEK EAST OF RANCHO SANTA FE ROAD WITHIN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME SANTA FE HIGHLANDS CASE NO: PUD 81(A) WHEREAS, a verified application for certain property to wit: The easterly half of Lot 14 and a portion of the westerly half of Lot 14, and the south 60 feet of the west half of Lot 14 of Rancho Las Encinitas in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, the City Council of the City of Carlsbad, on July 8, 1986, 2 Resolution No. 8661 approving with conditions Tentative Map No. CT 85-10/PUD 81; WHEREAS, Tentative Map No. CT 85-10/PUD 81 was tolled until the ac of Citywide Facilities District No. 1; and WHEREAS, the Citywide Facilities District was finalized on June 13, 19. WHEREAS, Tentative Map No. CT 85-10/PUD 81 was granted an exten Council Resolution 93-233 for one year, until June 13, 1994; and WHEREAS, the State of California granted a two (2) year extension to a tentative maps thereby changing the expiration date to June 13, 1996; and WHEREAS, said verified application constitutes a request as provided by I 21.45.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of August, 199 ;I a hearing as prescribed by law to consider said request; and * il ? 0 # WHEREAS, at said hearing, upon hearing and considering staff anal; recommendation, said Commission considered all factors relating to the Minor Plm Development Amendment. 1 2 3 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con 5 as follows: 6 8 B) That based on the evidence presented at the hearing, the Commission APPl 7 A) That the above recitations are true and correct. PUD 8l(A), based on the following findings and subject to the following con( g Findings: 10 1. That CT 85-1O/PUD 81 has been granted various extensions and will expire 1 13,1996. 11 12 13 15 3. That the amendment will not introduce a new use or group of uses that w 14 and elevations. previously considered in that the amendment involves detached single famil3 which are the same product type that were previously considered. 2. That the amendment will not change densities or the boundaries of the property in that the amendment involves changes only to architectural fla l6 11 4. That because the amendment will not involve a change of use it will not res 17 rearrangement of uses within the development. ’ 8 21 6. That the proposed architecture is compatible with other development wit 20 19 5. That the amendment does not involve changes greater than ten percent in ap yards, coverage, height, open space or landscaping. general area. 22 II Conditions: 23 1. Approval is granted for PUD 8l(A) as shown on Exhibits “C-1”, “C-2”, “D-1” Department and incorporated by this reference, which will supersede Exhibi 24 “E-1”, “E2”, “F-l”, “F-2” and iiP, dated August 16, 1995, on file in the P 25 “E”, dated September 3,1985 on file in the Planning Department. Developme occur substantially as shown. 26 II 2. Side and rear elevations shall be enhanced to. the satisfaction of the P 27 ll Director, when visible from the public right-of-way and the Encinitas Cree 28 space lot. PC RES0 NO. 3794 -2- I1 P e I 3. A project fencing plan shall be submitted to the Planning Director for revi shall be designated along the top of slope where appropriate to take advam 1 views. 2 the plan shall be approved prior to the issuance of building permits. View 3 4 5 6 7 a 9 4. If any of the foregoing conditions fail to occur, or if they are, by their tern implemented and maintained over time, if any of such conditions fail to implemented and maintained according to their terms, the City shall have the revoke or modify permits, deny, revoke or further condition all certificates of oc( issued under the authority of approvals herein granted, institute and prosecute li to compel their compliance with said conditions or seek damages for their violatj vested rights are gained by Developer or a successor in interest by the City’s app this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the F ’ o Commission of the City of Carlsbad, California, held on the 16th day of August, 1995 11 12 13 and Savary following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, Monroy, 14 15 16 17 NOES: None ABSENT: Commissioners Erwin and Noble ABSTAIN: None 18 19 20 21 22 ATTEST: KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION 23 24 s MICHAEL J. HOLZM~LER 25 ” PLANNING DIRECTOR 26 /I 27 28 I PC RES0 NO. 3794 -3-