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HomeMy WebLinkAbout1997-08-06; Planning Commission; Resolution 41470 0 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. 4147 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A THE CONSTRUCTION OF 61 SINGLE FAMILY HOMES ON PREGRADED LOTS WITHIN AVIARA PLANNING AREA 28 ON PROPERTY GENERALLY LOCATED SOUTH OF BATIQUITOS DRIVE, BETWEEN GOLDEN STAR LANE AND MELODIA TERRACE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: BELLA LAG0 - AVIARA PA 28 CASE NO.: CDP 97-14 WHEREAS, Brookfield Carlsbad, Inc., “Developer”, has filed a ver app1icatio:n with the City of Carlsbad regarding property owned by BrooMleld Carlsbad, : “Owner”, described as COASTAL DEVELOPMENT PERMIT NO. CDP 97-14 FOR All of Carlsbad Tract No. CT 90-31, Units 1 and 2, according to Maps No. 13368 and 13369, filed in the Office of the County Recorder on November 8, 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 Col Development Permit as shown on Exhibits “A” - “0“ dated August 6, 1997, on file in Planning Department, Coastal Development Permit CDP 97-14 as provided by Ck 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of August, 1997,l a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testirr and arguments, if any, of all persons desiring to be heard, said Commission considered all fac relating tal CDP 97-14. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plm Commission of the City of Carlsbad as follows: I 0 0 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 I A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commi: APPROVES Coastal Development Permit CDP 97-14, based on the follo findings and subject to the following conditions: Findincs: 1. That the proposed development is in conformance with the Certified Local Co Program and all applicable policies in that no agricultural lands exist on or near site; all surrounding environmentally sensitive habitats will remain in t undisturbed state; shoreline access was accommodated through the provision public parking lot and North Shore access trail; erosion will be controllei grading in conformance with City Standards and the adjacent desiltation basin; vis’ual panoramas of the site have been preserved through the selective placemel 22 and 30 foot high homes, as required by the Local Coastal Program implemen ordinances. ConditiorB: 1. The Planning Commission does hereby APPROVE the Coastal Development Permi the: project entitled Bella Lago - Aviara PA 28 (Exhibits “A” - “0“ dated Augu! 19197 on file in the Planning Department and incorporated by this reference, subject tc conditions herein set forth.) Staff is authorized and directed to make, or rec Developer to make, all corrections and modifications to the Coastal Development Pe dol;‘uments, as necessary, to make them internally consistent and in conformity with : action on the project. Development shall occur substantially as shown in the apprc Exhibits. Any proposed development substantially different from this approval, t require an amendment to this approval. 2. Building permits shall be issued for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21,,201.210 of the Zoning Ordinance. 3. Approval of CDP 97-14 is granted subject to the approval of SDP 97-01. CDP 97-1 subject to all conditions contained in Planning Commission Resolution No. 4146 SDIP 97-01. ... ... ... PC RES0 NO. 4147 -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 e e ~ PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 6th day of August, 1997, t following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Hein( Mowoy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None ,””; .” . ~ - =.-. -*< /A- ,A /> LC / d:?:<T ,/ ?. p/9 B .KC 2. ~-~~~~~-,~~~~~~.~:,~-:-.-~~ . .. ,x.- _i _” -.!.?-.- ”I”> - ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: a w- MICHAEL J. HMZMILYER Planning ]Director PC RES0 NO. 4147 -3 -