HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4294i
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PLANNING COMMISSION RESOLUTION NO. 4294
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED DEVELOPMENT PERMIT AND
DESIGN GUIDELINES TO DEVELOP A 39.9 ACRE PARCEL
OF 172 SINGLE FAMILY LOTS, A MULTI-FAMILY LOT,
AND 1 OPEN SPACE LOT INTO 172 MARKET RATE SINGLE
FAMILY HOMES, 50 AFFORDABLE APARTMENTS, AND 28
SECOND DWELLING UNITS WITH THE REQUIRED
RECREATIONAL VEHICLE PARKING BEING PROVIDED
ON THE ADJACENT COMMERCIAL SITE ALL ON
PROPERTY GENERALLY LOCATED NORTH OF THE
INTERSECTION OF EL CAMINO REAL AND COLLEGE
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE
15.
CASE NAME: TERRACES AT SUNNY CREEK
CASE NO.: PUD 96-02
WHEREAS, CanAm Properties, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by CanAm Propertit
“Owner”, described as
A portion of Lot “B” of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, per Map thereof
No. 823, filed in the Office of the County Recorder of said county,
November 16,1896, and Lots 1 thru 11 of CT 83-36 per Map No. 11242
as recorded in the Office of the County Recorder of San Diego County
May 23,1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Plam
Development Permit as shown on Exhibit(s) “A”-“FFF” dated May 20, 1998 ,on fi
Planning Department, TERRACES AT SUNNY CREEK - PUD 96-02 as provided b:,
2 1.45/2 1.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of June I
17th day of June 1998, and the 1st day of July 1998, hold a duly noticed public h
prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all tl
and arguments, if any, of persons desiring to be heard, said Commission considered a
relating to the Planned Unit Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Cor
RECOMMENDS APPROVAL, of TERRACES AT SUNNY CREE1
96-02, based on the following findings and subject to the following condi
Findings:
1. The granting of this permit will not adversely affect and will be consist1
Chapter 21.45 of the Carlsbad Municipal Code, the General Plan, and all ay
adopted plans of the City and other governmental agencies as demonstrate
project’s consistency with all provisions of these documents.
2. The proposed single family residences at the site location are necessary and de5
provide a service or facility which will contribute to the long-term general well-
the neighborhood and the community because the area is designated for re:
medium and residential high uses in the General Plan and development is n
to continue the balance of land uses in the City.
3. Such single family residential use will not be detrimental to the health, safety o
welfare of persons residing or working in the vicinity, or injurious to prc
improvements in the vicinity since the project meets all required City standr
ordinances, all public facilities and services shall be provided and adequate
and buffers from the proposed multiple family residential uses, College Avel
El Camino Real have been incorporated into the project design.
4. The proposed planned development will meet all of the minimum development c
and design criteria set forth in Section 21.45.090 and 21.45.080 of the
Municipal Code, and will be designed in accordance with the concepts contain
Design Guidelines Manual as demonstrated by features such as 51 to 47 fc
private streets and adequate guest and recreational vehicle parking, and a ;
and accessible common recreation area.
PC RES0 NO. 4294 -2-
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5. The recreational vehicle parking area, proposed on the adjacent commercia
incorporated into a suitable area and screened by buildings and walls to e
compatibility with the site and its neighbors.
6. The proposed project is designed to be sensitive to and blend in with th~
topography of the site by providing a variety of setbacks, varying r
orientations, and landscaping to screen structures as well as enhance slopes.
7. The proposed project maintains and enhance natural resources on the site thrc
preservation of oak woodland habitat along the steep slopes of the Agua H
drainage.
8. The proposed project’s design and density of the developed portion of the sitc
compatible with proposed surrounding development and would not (
disharmonious or disruptive element to the neighborhood because the propost
family residential units at a medium density range are separated and screer
future residential development to the east by a large open space area alon;
Creek, while the high density residential units are situated adjacent to emp
opportunities at the commercial site, are adjacent to circulation element r(
which allow for public transportation to employment centers, and are les!
mile from the industrial development along El Camino Real and College Bo1
9. The proposed project’s circulation system is designed to be efficient and well i~
with the project and does not dominate the project as demonstrated by its confo
all City standards and the development standards of the Planned Deve
Ordinance as shown on the site plan.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co:
and modifications to the Planned Unit Development document(s), necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any I
development different from this approval, shall require an amendment to this appl
2. Approval of PUD 96-02 is granted subject to the approval of EIR 98-01, GP,
SUP 96-02, and SUP 96-03. PUD 96-02 is subject to all conditions con1
Planning Commission Resolution No. 4294, incorporated herein by reference
file in the Planning Department.
ZC 96-01, SP 190(B), LFMP 87-15(B), CT 96-02, SDP 97-02, HDP 96-02, SU
3. Approval of this request shall not excuse compliance with all sections of the
Ordinance and a1 other applicable City ordinances in effect at time of buildin:
issuance. *
PC RES0 NO. 4294 -3 -
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4. This project shall comply with all conditions and mitigation required by the
Local Facilities Management Plan incorporated herein and on file in the
Department and any future amendments to the Plan made prior to the issuance of
permits.
5. Elevations, floor plans and building layouts shall comply with the Terraces 2
Creek Design Guidelines as shown on Attachments “A”-“FFF”.
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 date of final City Council approval to protest imposition
feedexactions. If you protest them, you must follow the protest procedure set
Government Code Section 66020(a), and file the protest and any other required informal
the City Manager for processing in accordance with Carlsbad Municipal Code Section L
Failure to timely follow that procedure will bar any subsequent legal action to attack, re1
aside, void, or annul their imposition.
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 I:
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be’
a NOTICE similar to this, or as to which the statute of limitations has previously 01
expired.
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I 1 PC RES0 NO. 4294 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of July 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Heineman, Monroy an
Compas
NOES: Commissioners Nielsen, Savary and Welshons
ABSENT:
ABSTAIN:
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BAILEY NOBI;&, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1
Planning Director
PC RES0 NO. 4294 -5-