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HomeMy WebLinkAbout1990-04-18; Planning Commission; Resolution 3007c 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLfiNNlNG COMMlSSION RESOLUTION NO. 3007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT FOR A 19 LOT TENTATIVE TRACT MAP CONSISTING OF 17 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS ON A 10.4 ACRE SITE ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF EL CAMINO REAL AND ELM AVENUE. CASE NAME: SPYGLASS CASE NO: SUP 89-9 WHEREAS, a verified application for certain property, to wit: A portion of Lot "J", Rancho Agua Hedionda, in the City of Carlsbad, Partition Map No. 823 has been filed with the City of Carlsbad, and referred to the Planning Commissiol WHEREAS, said application constitutes a request as provided by Tit Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 18th day of April, : duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all te, arguments, if any, of all persons desiring to be heard, said Commission considere relating to the Special Use Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Co 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 Commission SUP 89-9, based on the following findings and subject to the following conc Findinm: 1. The project enhances the scenic qualities of the El Camino Real Corridor cor "Old CalifornWHispanic" architectural theme, building heighls below the 35 limit, a minimum building setback of 130 feet along Ez Camino Real, a landscaping which incorporates the theme trees for the corridor. the corridoI's development standards by providing an attractive development 1 L 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 I I 2. The project protects scenic views and traffic safety along El Camino Real attractive buildings, performing corrective grading, extensively landscapi slopes, making street improvements along the project's frontage, and taking Ezm Avenue at a signalized intersection. 3. The following findings of Section V of the El Camino Real Corridor Standards are made to allow cut or fill grading within the setback from El to exceed 15 feet from original grade: A. The limit of 15 feet of cut or fill is infeasible given the corrective grat and the public street requirements. B. The use of setbacks, rounded slopes, berms and extensive landsca] compromise the scenic qualities of the corridor. C. All pertinent traffic standards will be met by the project and the devi; have an adverse impact on traffic safety. The grading will meet I!€ distance requirements. D. The project as proposed has been designed to meet or exceed the remaining El Camino Real Corridor Development standards. T exception will actually correct existing topographic deficiencies alo~ Red 4. The project is consistent with the City's General Plan since the proposed d du's/acre is within the density range of 0-4 du's/acre specified for the site as the Land Use Element of the General Plan, and is at or below the growth of 3.2. 5. The site is physically suitable for the type and density of the development I is adequate in size and shape to accommodate residential development a proposed. ~ 6. The Planning Commission has, by inclusion of an appropriate condition to ensured that the final map will not be approved unless the City Council fint service is available to serve the project. In addition, the Planning Cornmissit a condition that a note shall be placed on the final map that building permil issued for the project unless the City Engineer determines that sewer servia and building cannot occur within the project unless sewer service remains E of the General Plan have been met insofar as they apply to sewer service fo: 7. School fees will be paid to ensure the availability of school facilities in the Planning Commission is satisfied that the requirements of the Public Faci I School District. 8. Park-in-lieu fees are required as a condition of approval. ~ 1 PC RES0 NO. 3007 -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 4 e 9. AU necessary public improvements have been provided or will be required a of approval. 10. The applicant has agreed and is required by the inclusion of an appropriate pay a public facilities fee. Performance of that contract and payment of enable this body to find that public facilities will be available concurrent v required by the General Plan. 11. The proposed project is compatible with the surrounding future land surrounding properties are designated for Low-Medium Density Resident Density Residential, and Professional and Related development on the Gene 12. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on March 2: APPROVED by the Planning Commission on April 18,1990. In approving this Negative Declaration the Planning Commission has considered the initial st^ analysis, all required mitigation measures and any written comments receiv the significant effects this 'project could have on the environment. 13. The applicant is by condition, required to pay any increase in public faciliq construction tax, or development fees, and has agreed to abide by ar requirements established by a Local Facilities Management Plan prepared Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued 2 public facilities and will mitigate any cumulative impacts created by the prc 14. This project is consistent with the City's Growth Management Ordinance a: conditioned to comply with any requirement approved as part of the LC Management Plan for Zone 2. 15. This project was subject to Chapter 21.95 of the Carlsbad Municipal CI Ordinance) and meets all the requirements of that Chapter to ensure treatment of the City's hillside resources. Conditions: 1. Approval is granted for SUP 89-9, as shown on Exhibit(s) "A" - "R", dated A incorporated by reference and on file in the Planning Department. Deve: occur substantially as shown unless otherwise noted in these conditions. 2. Approval of SUP 89-9 is granted subject to the approval of CT 89-26 and 3. All conditions stated in Resolutions 3004, 3005, and 3006 for the Conditi Declaration, CT 8947, and HDP 89-47 are incorporated by reference herd PC RES0 NO. 3007 -3- \ I1 e PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning ' 1 2 of &e City of Carlsbad, California, held on the 18th day of APd, 1988, by the fOU to wit: 3 4 5 6 AYES: Chairperson Schramm, Commissioners: Hall, McFaddel NOES: Commissioners: Erwin & Holmes. ABSENT: Commissioner Schlehuber. 7 II ABSTAIN: None. a 9 LO . .." -. CARLSBAD PLANNING COMMISSION I' /I ATTEST: 12 PLANNING DIRECTOR 15 16 17 18 , 'i '\, +JQbL , I) /n \it 7 \ip k 19 II 20 21 22 23 24 25 26 27 PC RES0 NO. 3007 -4- 28