HomeMy WebLinkAbout1996-11-06; Planning Commission; Resolution 4008b
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PLANNING COMMISSION RESOLUTION NO. 4008
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR
ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST SIDE OF BATIQUITOS DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 19.
CASE NAME: RICHMOND AMERICAN PLANNING AREA
CASE NO.: PUD 91 -06(A)
AMENDMENT TO PLANNED UNIT DEVELOPMENT 91-06
30
WHEREAS, Richmond American Homes of California, Inc., “Developer
filed a verified application with the City of Carlsbad regarding property owned by Aviara 1
Associates Ltd. Partnership, “Owner”, described as
Those portions of Sections 27,28,33 and 34, Township 12 South, Range 3
West, San Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to the official plat thereof as shown
on Record of survey map No. 10774 filed in the office of the County
Recorder of said county, October 30,1986
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned
Development Amendment as shown on Exhibits “A”-“X” dated November 6, 1996, on f
the Planning Department, Richmond American Planning Area 30 (PUD 91-06(A)) as pro’
by Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of November 1
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
~ relating to the Planned Unit Development Amendment.
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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 Minor Planned Unit Development Amendment, PUD 914
based on the following findings and subject to the following conditions:
Findings:
1. The project is consistent with the City’s General Plan in that the proposed amend
is minor in nature and does not change the density of the project, and the s
designated by the General Plan for residential development.
2. The Planning Director has determined that the project is exempt from the requireme!
the California Environmental Quality Act (CEQA) per Section 15301 of the State C
Guidelines and will not have any adverse significant impact on the environment.
3. The project is consistent with the Aviara Master Plan in that the project complies
all applicable development standards for Planning Area 30, including setb
building heights, lot coverage and other applicable standards.
4. The amendment will not change the density or the boundaries of the project in
the amendment involves changes only to floor plans and elevations.
5. The amendment will not introduce a new use or group of uses which werc
previously considered in that the amendment involves only the same uses (deta
single-family homes) which were previously considered.
6. The amendment does not involve a rearrangement of uses within the development i~
the streets and lots would remain as originally approved in number
arrangement.
7. The amendment does not involve changes greater than ten percent in approved :
coverage, height, open space or landscaping in that the amendment would result
7.7% in total square footage of development, a 2% increase in total lot coveragt
a 5.6% decrease in the building height range from a maximum of 28 feet
maximum of 26.5 feet with no change to landscaping or open space.
Conditions:
1. The Planning Commission does hereby APPROVE PUD 91-06(A) for the Pla
Unit Development Amendment project entitled Richmond American Planning
30 (Exhibits “A”-“X”) on file in the Planning Department and incorporated b)
reference, dated November 6,1996, subject to the conditions herein set forth. All 1
PC RES0 NO. 4008 -2-
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conditions and approvals of said prior permit as amended to date and not ame
by this action remain in full force and effect. Exhibits “A”-“X”, dated Noveml
1996, replace Exhibits “A”-“E”, dated May 20,1992. Staff is authorized and dir
to make, or require Developer to make, all corrections and modifications to thc
Development Plan Amendment documents, as necessary, to make them intel
consistent and conform to Planning Commission’s final action on the pr
Development shall occur substantially as shown in the approved Exhibits. Any pro;
development substantially different from this approval, shall require an amendme
this approval.
2. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy c
Site Plan as approved by the final decision making body. The Site Plan shall reflel
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
3. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to t
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance (
future building permits; deny, revoke or fbrther condition all certificates of occur
issued under the authority of approvals herein granted; institute and prosecute litigati
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s appro1
this Planned Unit Development Amendment.
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PC RES0 NO. 4008 -3-
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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 6th day of November 1996, b
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mo
Nielsen, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
d&l-
WILLIAM COMPAS, ChairpAson
CARLSBAD PLANNING COMMISSION
ATTEST:
,
MICHAEL J. HOTZMILYER
Planning Director
PC RES0 NO. 4008 -4-