HomeMy WebLinkAbout1996-07-17; Planning Commission; Resolution 3958c (I 0 0
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PLANNING COMMISSION RESOLUTION NO. 3958
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE
YEAR EXTENSION TO A PLANNING COMMISSION
DETERMINATION TO ALLOW THE CONTINUED
OPERATION OF A TEMPORARY SALES TRAILER IN
AVIARA PLANNING AREA 13, ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF AVIARA DRIVE,
BETWEEN ALGA ROAD AND BATIQUITOS LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: AVIARA POINT SALES TRAILER
CASE NO: PCD 93-03x2
WHEREAS, Aviara Land Associates has filed a verified application wit
City of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Pla
Commission Determination as shown on Exhibit “A”, dated April 5,1995 (PCD 93-03x:
file in the Carlsbad Planning Department, and as provided by the conditions of approv,
PCD 93-03 and Chapter 21.53 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla
Commission did, on the 17th day of July, 1996, hold a duly noticed public hearing to cor
said application on property described as:
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 June 28, 1989, in the Office of the County
Recorder, County of San Diego, State of California,
WHEREAS, at said public hearing, upon hearing and considering all testil
and arguments, if any, of all persons desiring to be heard, said Commission considered all fs
relating to PCD 93-03x2.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comm
APPROVES a one year extension to Planning Commission Determination,
93-03 (PCD 93-03~2)~ based on the following findings and subject t
following conditions:
Findings:
1. That the Planning Director has determined that the project is exempt fior
requirements of the California Environmental Quality Act (CEQA) per Section 153
of the State CEQA Guidelines and will not have any adverse significant impact o
environment.
2. There is good cause to continue the placement and occupation of a temporaq
estate sales trailer because of the extended time scale involved with developmc
master plans and the existing marketing conditions.
Conditions:
1. The Planning Commission does hereby approve the Planning Commi
Determination for the temporary sales office project entitled “Aviara Point
Trailer.” (Exhibit “A” on file in the Planning Department and incorporated b:
reference, dated April 5, 1995)., subject to the conditions herein set forth. St
authorized and directed to make or require the Developer to make all correction
modifications to Planning Commission Determination Documents, as necessa
make them internally consistent and conform Planning Commission’s final action (
project. Development shall occur substantially as shown on the approved exhibits.
proposed development substantially different from this approval, shall requir
amendment to this approval.
2. Approval of PCD 93-03x2 is granted for a period of one year from the da
expiration, or from April 4, 1996 to April 3, 1997. Operation of the sales ti
must cease on or before April 3, 1997, unless the Planning Commission for
cause shown, shall allow a longer period of time, up to one year per applic
thereof, for such use.
3. All other conditions contained in Planning Commission Resolution No. 3760 e:
as modified herein, remain in full force and effect.
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PC RES0 NO. 3958 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 17th day of July 1996, k
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Ma
Nielsen, Noble, Savary
NOES:
ABSENT: Commissioner Welshons
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
bbo -
MICHAEL J. HOLZMILI~~R
Planning Director
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PC RES0 NO. 3958 -3 -