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HomeMy WebLinkAbout1997-06-18; Planning Commission; Resolution 4126/I II) a \ 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 PLANNING COMMISSION RESOLUTION NO. 4126 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARISBAD, CALIFORNIA, APPROVING SITE REVISE THE ARCHITECTURE, FLOOR PLANS, AND RESIDENTIAL STRUCTURES ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ALGA ROAD BETWEEN KESTREL DRIVE AND BLACK RAIL COURT IN LOCAL FACILITIES MANAGEMENT ZONE 19. DEVELOPMENT PLAN AMENDMENT NO. SDP 96-09(A) TO BUILDING FOOTPRINTS OF 18 PREVIOUSLY-APPROVED CASE NAME: AVIARA PLANNING AREA 26 NORTH-UNIT 1 CASE NO.: SDP 93-09(A) WHEREAS, Taylor Woodrow, “Developer”, has filed a verified application the City of Carlsbad regarding property owned by Aviara Land Associates Lil Partnership, “Owner”, described as A portion of Lot 4, CT 89-37, Aviara Phase 11, according to Map 12967, filed in the County Recorder’s Office 9/16/92 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Develol Plan Amendment as shown on Exhibits “A” - “L” dated June 18, 1997 , on file in the Pla Department, Site Development Plan Amendment (SDP 93-09(A)) as provided by C1 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of June , 1997 a 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 1 relating to the Site Development Plan Amendment. WHEREAS, on February 2, 1994, the Planning Commission approved 93-09 , as described and conditioned in Planning Commission Resolution No. 3618. 0 a 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 ~ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan 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 Plam Commission APPROVES Site Development Permit Amendment SDP 93-05 based on the following findings and subject to the following conditions: Findings: 1. The Planning Director has found that, based on the EIA Part 11, this Subsequer Project was described in MEIR 93-01 and Negative Declarations for CT 90-38 an SDP 93-09 as within their scope; AND there will be no additional significant effec not analyzed therein; AND that no new or additional mitigation measures ( alternatives are required; AND that therefore this Subsequent Project is within tl scope of the prior MEIR and Negative Declarations; and no new environment document nor Public Resources Code 2 108 1 findings are required. 2. All findings set forth in Planning Commission Resolution No. 361 8 (SDP 93-09) th the project meets all the requirements for findings in Carlsbad Municipal Coc Section 21.06.020 apply equally to this amended project, and are incorporated here by this reference. Conditions: 1. The conditions of approval contained in Planning Commission Resolution No. 361 (SDP 93-09) are included herein by reference except for Condition No. 1 , which replaced by Condition No. 2 below. All conditions not amended by this sectic remain in full force and effect. 2. ... The Planning Commission does hereby APPROVE the Site Development P1 Amendment for the project entitled Aviara Planning Area 26 North-Unit (Exhibits “A” - “L” dated June 18, 1997 on file in the Planning Department a incorporated by this reference, subject to the conditions herein set forth.) Staff authorized and directed to make, or require Developer to make, all corrections a modifications to the Site Development Plan Amendment documents, as necessary, make them internally consistent and in conformity with final action on the proje Development shall occur substantially as shown in the approved Exhibits. A proposed development substantially different from this approval, shall require amendment to this approval. Exhibits “A”-“L” approved herewith supersede exhibits approved in SDP 93-09 in Planning Commission Resolution No. 3618 i this portion of Planning Area 26 North (i.e., Lots 1 - 18) only. 1 PC RES0 NO. 4126 -2- @ 4R * 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the plm 2 3 Commission of the City of Carlsbad, California, held on the 18th day of June 1997, b 4 following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heinc 5 Monroy, Noble, Savary and Welshons 6 7 NOES: None 8 ABSENT: None 10 9 ABSTAIN: None . . LIZ .c” -.? . +*<:&&si* i 11 *?’: . ,;i ,p‘ ,,&Ap,. :@..”jJ 2 ’\ >./I- P _:+ 12 i, #/A< %. ROBER+ NIELSE~” . ~. ,.-.A,: ..-,:: .. , airperson -‘“~”%$$& 13 14 CARLSBAD PLANNING COMMISSION 15 16 ATTEST: 17 MICHAEL J. HZZMIMER 18 19 20 21 22 23 24 25 26 27 28 Planning Director PC RES0 NO. 4126 -3 -