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HomeMy WebLinkAbout1997-12-17; Planning Commission; Resolution 4214+ d 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 9 PLANNING COMMISSION RESOLUTION NO. 4214 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF EL CAMINO REAL AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: SUNRISE LA COSTA CASE NO: HDP 97-06 WHEREAS, Sunrise Development, Inc., “Developer”, has filed a application with the City of Carlsbad regarding property owned by Don Ayres, “ described as Lot 1 of Carlsbad Tract 72-34 (Rancho La Cuesta) Unit No. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8350, as recorded in the Office of the County Recorder of San Diego County dated July 28,1976. (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibit(s) “A” - “Y” dated December 17, 1997, on f Carlsbad Planning Department, HDP 97-06 - Sunrise La Costa, as provided by Chap1 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of Decemb 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 tt and arguments, if any, of all persons desiring to be heard, said Commission considered a relating to HDP 97-06. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: ,. 0 9 L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, at said hearing, upon hearing and considering all testirr arguments, if any, of all persons desiring to be heard, said Commission considered a relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the . Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Con APPROVES Hillside Development Permit, HDP 97-06, based on the f findings and subject to the following conditions: Findings: 1. That hillside conditions have been properly identified on the constraints map whi existing and proposed conditions and slope percentages; 2. That undevelopable areas of the project, i.e. slopes over 40%, have been identified on the constraints map; 3. That the development proposal is consistent with the intent, purpose, and require the Hillside Ordinance, Chapter 21.95, in that since the topographic areas iden slopes over 40% are the result of previous authorized grading, these top( areas, which separate existing terraced building pads, are excluded f~ requirements of the Hillside Development Ordinance in accordance with 21.95.09O(b)(l) of the Zoning Ordinance. ... ... I It **- 22 23 24 25 26 27 28 ... ... ... ... PC RES0 NO. 4214 -2- 1. k 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 * * PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 17th day of December 199 following vote, to wit: AYES : Chairperson Nielsen, Commissioner’s Compas, Heineman Monroy, Noble, Savary and Welshons NOES: ABSENT: ABSTAIN: ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: t MICHAEL J. HBJ;Z&LER Planning Director PC RES0 NO. 4214 -3 -