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HomeMy WebLinkAbout1997-06-18; Planning Commission; Resolution 4124* 4 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 e 0 PLANNING COMMISSION RESOLUTION NO. 4124 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ALLOW THE CONSTRUCTION OF TWO GATED ENTRIES FOR THE BELLA LAGO DEVELOPMENT (AVIARA PLANNING AREA 28) ON PROPERTY GENERALLY LOCATED SOUTH OF BATIQUITOS DRIVE, AT PELICAN DRIVE AND SHOREBIRD LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19 CASE NAME: BELLA LAGO ENTRY CASE NO.: CDP 97-20 WHEREAS, BrooMleld Carlsbad, “Developer”, has filed a verified applic COASTAL DEVELOPMENT PERMIT NO. CDP 97-20 TO with the City of Carlsbad regarding property owned by BrooMield Carlsbad, ‘‘0% described as A portion of lots 1,32,48 and 64 of Carlsbad Tract No CT 90- 31, according to Map No. 13369, filed in the Office of the County Recorder on November 11, 1996, in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a C Development Permit as shown on Exhibits “A” - “F”, dated June 18, 1997, on file Planning Department, Coastal Development Permit CDP 97-20 as provided by C 2 1.20 1.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of June 1997, duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all test and arguments, if any, of all persons desiring to be heard, said Commission considered all : relating to CDP 97-20. NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI Commission of the City of Carlsbad as follows: A -c. 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 e A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Comm: APPROVES Coastal Development Permit CDP 97-20, based on the folk findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local CI Program and all applicable policies in that no impacts to prime agricultural 1 environmentally sensitive resources, scenic resources or geologic stability will 01 2. The proposal is in conformity with the public access and recreation policies of Ch? of the Coastal Act in that the provision of a public trailhead parking lot and an a trail to the North Shore Trail within Planning Area 28 allows the gating of Lago to not restrict public access to the lagoon. Conditions: 1. The Planning Commission does hereby APPROVES the Coastal Development E for the project entitled Bella Lago Entry (Exhibits “A” - “F”, dated June 18, 19 file in the Planning Department and incorporated by this reference, subject t conditions herein set forth.) Staff is authorized and directed to make, or r( Developer to make, all corrections and modifications to the Coastal Develor Permit documents, as necessary, to make them internally consistent and in confc with final action on the project. Development shall occur substantially as shown approved Exhibits. Any proposed development substantially different from this app 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. Approval of CDP 97-20 is granted subject to the approval of SDP 97-06. CDP 97 subject to all conditions contained in Planning Commission Resolution No. 41: SDP 97-06. 4. The Developers shall apply for and abtain building permits for this project withi years of this approval or this Coastal Development Permit will expire unless extend Section 21.201.210 of the Zoning Ordinance. ... ... ... I ... PC RES0 NO. 4124 -2- c % 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 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla~ Commission of the City of Carlsbad, California, held on the 18th day of June 1997, b following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heint Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None . - 2," ,"% ." , ,,,,_:' '"?~-. /.' ,v -- ."-5 ~. ,_ ,</ /;:;r, 2' .,++$' x* /~~y7F" /,y, \\ f 7 .. ".~~:,.~~~~i~.~:~-~,~.- RdB-gRT NIELkf?m:bCKairperson CARLSBAD PLANNING COMMISSION - . i .,, ATTEST: f MICHAEL J. HMMIL~~R Planning Director ~ PC RES0 NO. 4124 -3 -