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HomeMy WebLinkAbout1997-06-18; Planning Commission; Resolution 4120c > 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 28 ? 0 PLANNING COMMISSION RESOLUTION NO. 4120 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR AMENDMENT TO A PLANNED DEVELOPMENT PERMIT TO CHANGE FLOORPLANS AND ARCHITECTURAL ELEVATIONS FOR SINGLE FAMILY HOMES ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: COBBLESTONE SEA VILLAGE CASE NO.: PUD 73(B) WHEREAS, Greystone Homes, Inc., “Developer”, has filed a vt application with the City of Carlsbad regarding property owned by Greystone Homes: “Owner”, described as All that parcel of land designated as “description Lot 5, 103.54 acres”, as shown and delineated on record of survey map No. 5715 filed in the office of the County Recorder of San Diego County, December 19,1960. (“the Property”); and WHEREAS, said verified application constitutes a request for a Minor P1; Development Permit Amendment as shown on Exhibit(s) “A” - “T” dated June 18,1997, o in the Planning Department, Cobblestone Sea Village - PUD 73(B), as provided by Clr: 24.45.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of June 1997 , h meeting as prescribed by law to consider said request; and WHEREAS, at said meeting, upon hearing and considering staff analysis recommendation, said Commission considered all factors relating to the Minor Pla Development Permit Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar Commission of the City of Carlsbad as follows: e /I 9 0 v 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 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the meeting, the Comm APPROVES Minor Planned Development Permit PUD 73(B), based o following findings and subject to the following conditions: Findinirs: 1. The Planning Director has found that this Subsequent Project was described i previous Mitigated Negative Declaration prepared for CT 84-32mUD 73; AND will be no additional significant effect, not analyzed therein; AND that no nc additional mitigation measures or alternative are required; AND that therefon Subsequent Project is within the scope of the prior Mitigated Negative Declaration no new environmental document nor Public Resources Code 2108 1 findings are requ 2. The project is consistent with the City's General Plan since the minor amend does not change the density of the project, and the site, as indicated on the Lanc Map of the General Plan and Zoning Map, is designated for reside development. 3. That the amendment will not change the densities or the boundaries of the SUI property in that the amendment involves changes only to architectural floor1 and elevations. 4. That the amendment will not introduce a new use or group of uses that were previously considered in that the amendment involves a detached single fa residential development which is the same land use that was previously considerl 5. That because the amendment will not involve a change of use it will not result rearrangement of uses within the development. 6. That the amendment does not involve an increase greater than ten percen approved yards, coverage, height, open space or landscaping. 7. That the proposed architecture is compatible with other approved developml within the general area and is consistent with the City Council Policy for smal single-family homes. 8. All findings set forth in City Council Resolutions No. 8201 and 89-354 that project meets all the requirements for findings in Carlsbad Municipal Code Secl 21.45.072 apply equally to this amended project, and are incorporate by reference. ... ' PC RES0 NO. 4120 -2- . 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 28 9 0 Conditions: 1. The Planning Commission does hereby APPROVE the Minor Planned Develo] Permit Amendment for the project entitled Cobblestone Sea Village (Exhibit(s) 1 “T” dated June 18, 1997 on file in the Planning Department and incorporated b reference, subject to the conditions herein set forth.) Staff is authorized and direc make, or require Developer to make, all corrections and modifications to the P1 Unit Development document(s), as necessary, to make them internally consistent : conformity with final action on the project. Development shall occur substantia shown in the approved Exhibits. Any proposed development substantially different this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, and ordinances in effect at the time of building permit issuance. 3. 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 refler 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. 4. This project shall comply with all conditions and mitigation measures which are req as part of PUD 73(A), as contained in City Council Resolution Nos. 8201 and 89-35 5. Prior to approval of Building Permits, the Developer shall receive approval of a Cc Development Permit issued by the California Coastal Commission that substan conforms to this approval. A signed copy of the Coastal Development Permit mu! submitted to the Planning Director. If the approval is substantially different amendment to PUD 73(B) shall be required. If no Coastal development perm required, the applicant shall provide the City with evidence as such. 6. If any of the foregoing conditions fail to occur; or if they are, by their terms, t implemented and maintained over time; if any of such conditions fail to bt implemented and maintained according to their terms, the City shall have the rig1 revoke or modify all approvals herein granted; deny or further condition issuance o future building permits; deny, revoke or further condition all certificates of occup; issued under the authority of approvals herein granted; institute and prosecute litigatic 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 approv: this Site Development Plan. ... ... I ~ PC RES0 NO. 4120 -3 - ~ 9 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the pls 2 Commission of the City of Carlsbad, California, held on the 18th day of June 1997, 1 3 4 following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heinc 5 Monroy, Noble, Savary and Welshons 6 7 NOES: None 8 ABSENT: None ABSTAIN: None 9 10 11 /"" -r" ,, ,/x ii.:bp +',. ,.2- 12 s~ # / :; " ROB&& NIELSEFCfiiyGerson 13 CARLSBAD PLANNING COMMISSION 14 15 16 ~ -.-1 I Si, z,,<..:.;s . .,, I ..3 ;i."* r +& "<", .5>"...-. _,. - ~ .-.- . . ,,< ATTEST: 17 MICHAEL J. H~LLZ~~LLER 18 19 20 21 22 23 24 25 26 27 Planning Director 28 PC RES0 NO. 4120 -4-