HomeMy WebLinkAbout1998-06-03; Planning Commission; Resolution 42991
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PLANNING COMMISSION RESOLUTION NO. 4299
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR
AMENDMENT TO A PLANNED UNIT DEVELOPMENT
PERMIT, PUD 93-07, FOR THE DELAYED ARCHITECTURAL
REVIEW OF THE BUILDING ELEVATIONS AND FLOOR
PLANS OF 49 SINGLE-FAMILY HOMES ON PROPERTY
GENERALLY LOCATED IN THE SOUTHEAST QUADRANT
OF THE CITY, WEST OF MELROSE DRIVE AND SOUTH OF
POINSETTIA LANE IN THE RANCHO CARRILLO MASTER
PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 18.
CASE NAME: RANCHO CARRILLO VILLAGE “0”
CASE NO.: PUD 93-07(A)
WHEREAS, Continental Homes, “Developer”, has filed a verified apl
with the City of Carlsbad regarding property owned by Continental Homes, “Owner”, d
as
Being a subdivision of all that portion of Section 19, Township 12
South, Range 3 West, San Bernardino Base and Meridian,
according to the official plat thereof, in the City of Carlsbad,
County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Plann
Development Amendment as shown on Exhibits “A” - “V” dated May 20,1998 ,on fi
Planning Department, RANCHO CARRILLO VILLAGE “0” - PUD 93-07(A), as I
by Chapter 2 1.45 of the Carlsbad Municipal Code; and ~
WHEREAS, the Planning Commission did, on the 20th day of May, 1998
the 3rd day of June, 1998, hold a duly noticed public hearing as prescribed by law to (
said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of persons desiring to be heard, said Commission considered al:
relating to the Planned Unit Development Permit Amendment.
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WHEREAS, on April 4, 1995, the City Council approved PUD 9:
described and conditioned in City Council Resolution No. 95-65.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
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 Con
APPROVES RANCHO CARRILLO VILLAGE “0” - PUD 93-07(A
on the following findings and subject to the following conditions:
Findines:
1. All findings set forth in Planning Commission Resolution No. 3676 apply equal1
amended project, and are incorporated by this reference.
2. The proposed Amendment qualifies as, and is hereby found to be, a Minor
Development Amendment because:
a. The amendment does not involve a change to the densities or bounc
the subject property;
b. The amendment does not involve an addition of a new use or group
not shown on the original permit, or the rearrangement of uses wi
development in that the minor amendment consists only of archi
review of the building elevations and floor plans of single family homc
c. The amendment does not involve changes greater than ten pel
approved yards, coverage, height, open space or landscaping;
d. The building architecture is consistent with- the Village “0”
guidelines as established by PUD 93-07; and
e. The amendment meets all applicable design criteria set forth in the
“0” Design guidelines in that it is compatible with other developmen
the Rancho Carrillo Master Plan and the Special Design Park Districl
3. The Planning Director has found that this Subsequent Project was describe
previous Environmental Impact Report prepared for MP 139(F); and there wj
additional significant effects, not analyzed therein; and that no new or a
mitigation measures or alternatives are required; and that, therefore, this Su
Project is within the scope of the prior EIR, and no new environmental docw.
Public Resources Code 21 083 findings are required.
PC RES0 NO. 4299 -2-
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Conditions:
1. Staff is authorized and directed to make, or require the Developer to make, all correct
modifications to the Planned Unit Development documents, as necessary to ma
internally consistent and in conformity with the final action on the project. Deve
shall occur substantially as shown on the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
3. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving Resolutions No. 3676 and 4299 on a 21
blueline drawing.
4. Building permits will not be issued for development of the subject property UT
District Engineer determines that sewer facilities are available at the time of applic,
such sewer permits and will continue to be available until time of occupancy.
5. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail to be so imp1
and maintained according to their terms, the City shall have the right to revoke or m
approvals herein granted; deny or further condition issuance of all future building
deny, revoke or further condition all certificates of occupancy issued under the aut1
approvals herein granted; institute and prosecute litigation to compel their complia
said conditions or seek damages for their violation. No vested rights are gained by D
or a successor in interest by the City’s approval of this minor Planned Developmer
amendment.
6. This project shall comply with all conditions and mitigation measures which are ret
part of the approved Planned Unit Development, as contained in Planning Con
Resolution No. 3676.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from June 3,1998 to protest imposition of these feedexactions. If yo
them, you must follow the protest procedure set forth in Government Code Section 6602
file the protest and any other required information with the City Manager for procc
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely fol
procedure will bar any subsequent legal action to attack, review, set aside, void, or an
imposition.
....
I PC RES0 NO. 4299 -3-
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor F
zoning, grading or other similar application processing or service fees in connection 7
project; NOR DOES IT APPLY to any feedexactions of which you have previously be.
a NOTICE similar to this, or as to which the statute of limitations has previously 01
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
Commission of the City of Carlsbad, California, held on the 3rd day of June, 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, M
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
#g e* Pj d73 (7 “$pi & g [/& &.>;;< c .Q. ,; .:&.> ;;. 3* 1 <- <%3
CARLSBAD PLANNING COMMISSION
e. PC
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bAILEY NOB$, Chairperson
ATTEST:
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MICHAEL J. H~LZM~~LER
Planning Director
PC RES0 NO. 4299 -4-